PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
General
The following terms and conditions govern your use of the Language Tree
Internet site ("Site") and the purchase of products by you through
the Site. By using the Site or placing an order with us, you are indicating
your acceptance of the following Terms and Conditions. These Terms and
Conditions shall supplement any subsequent terms or conditions included
with any purchase order.
Your Account
All products sold through our stores and catalogs are for purchase by
adults. While we sell children's products, persons less than 18 years
of age may make purchases from our stores and catalogs only with the involvement
of a parent or guardian.
License and Site Access
A limited license granted by Language Tree allows for restricted access
to our stores for personal use, which means, without express written consent
from Language Tree, modifications and/or downloading (except for page
caching) of content from our stores is forbidden. Not included in this
restricted license is the collection and use of any product descriptions,
prices, or listings; any derivative use of our stores, catalogs or other
content; any commercial use or resale of our stores, catalogs or other
content; any use of data mining, robots, or similar culling and information
collection devices. No portion of our stores, catalogs or other content
may be copied, duplicated, reproduced, visited, sold or resold, or otherwise
exploited for any commercial purpose without express written consent of
Language Tree. Restricted, nonexclusive, and rescindable rights to create
a hyperlink to the homepage of any of our stores is permissible so long
as the link does not portray Language Tree, our products or our affiliates
in a derogatory, false, misleading or otherwise repugnant matter. No part
of that link can use any logo or other proprietary graphic or trademark
of Language Tree. Without express written consent, you may not frame or
use framing techniques to enclose any content, trademark, logo, or other
content of Language Tree and our affiliates. Any unauthorized use of our
stores terminates the permission or license granted by Language Tree.
Payment; Order Acceptance Policy
Payment of all items purchased via the Online Store is credit card only.
Credit cards accepted are VISA and Master Card. Only credit cards with
U.S. billing addresses will be accepted. Your receipt of an electronic
or other form of order confirmation does not signify our acceptance of
your order, nor does it constitute confirmation of the order or our offer
to sell. We reserve the right, without prior notification, to accept or
decline your order or limit the order quantity for any reason. For credit
card payments, such payment is subject to the approval of the financial
institution issuing the credit card and we shall not be liable in any
way if such financial institution refuses to accept or honor the credit
card for any reason. We may require, at our option, that any order placed
over certain dollar amounts receive our pre-approval. We also may require
additional verification or information before accepting any order.
Product Availability
We cannot guarantee product availability and products, nonetheless, these
items may not be available for immediate delivery. We reserve the right,
without liability or prior notice, to revise, discontinue, or cease to
make available any or all products or to cancel any order. Please feel
free to order products indicated as "Back Ordered", but keep
in mind that we will not deliver within typical shipping time-frames,
nor can we set expectations of delivery time-frames, at time of order.
Do not place orders for items marked "OUT OF STOCK". These orders
will be automatically cancelled.
Shipping and Delivery; Taxation
Shipment of all products ordered via the online Store is done from a third-party
fulfillment center. This center uses the U.S. Postal Service as well as
various courier companies for deliveries. Language Tree is not responsible
for any shipping problems and shall not be held liable for any "reasonable"
delay beyond our advertised delivery time-frames. Upon the delivery of
your purchase from Language Tree to a shipping company, the risk of loss
and title for your purchase passes to the carrier. All orders shipped
to the State of California will be charged sales tax. The tax rate applied
to your order will generally be the combined state and local rate for
the address where your order was shipped. Note that many factors can change
between the time you place an order and the time your order is shipped,
which could affect the calculation of sales taxes. Therefore, the amount
appearing on your order as Estimated Tax may differ from the sales taxes
ultimately charged when your order ships
Return Policy
All sales are final. Due to the duplicable nature of our products, any
opened media products purchased via the Language Tree Online Store can
not be returned for refund or exchange. The only exception is for a damaged
or defective item, which need to be returned to us within 15 days of delivery
of your order for an exchange of the same item.
Pricing
We reserve the right to change any price at which we offer goods or services
and to correct any errors in the pricing contained in our stores or catalogs.
We shall have no liability for any such changes or errors and are not
bound to fulfill orders at old or erroneous prices.
Typographical Errors
Language Tree does not warrant that our product descriptions or other
content are current, reliable, accurate or complete. In the event a product
is listed at an incorrect price or with incorrect information due to typographical
error or error in pricing or product information, we shall have the right
to refuse or cancel any orders placed for products listed at the incorrect
price. We shall have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card has been charged.
If your credit card has already been charged for the purchase and your
order is cancelled, we shall immediately issue a credit to your credit
card account in the amount of the charge.
Copyright
Content generated by Language Tree, such as text, web pages and e-mail
communications, banner advertisements, graphics, photography, logos, button
icons, images, video, audio clips and software, is the property of Language
Tree or its content suppliers, and protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement and
assembly) of all content in our stores and catalogs is the exclusive property
of Language Tree and is protected by U.S. and international copyright
laws. All software used to present and manage our stores is the property
of Language Tree or its software suppliers and protected by U.S. and international
copyright laws. You may use the content and software published on our
stores as a shopping and information resource only. Any other use, including
the reproduction, modification, distribution, transmission, republication,
display or performance, of our content or software is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names employed by Language Tree
are proprietary to Language Tree or other respective owners that have
granted Language Tree the right and license to use such trademarks, service
marks, and trade names, and are protected by U.S. and international trademark
laws. LANGUAGE TREE, the LANGUAGE TREE LOGO, other logos, button icons,
scripts, service names, phrases, page headers and graphics are trademarks
or trade dress of Language Tree. Without express written consent, Language
Tree's trademarks and trade dress may not be used in connection with any
product or service that is not Language Tree's, in any manner that is
likely to cause confusion among our customers or guests, or in any manner
that disparages or discredits Language Tree. The use of meta tags or any
other concealed text or search words exploiting the name or trademarks
of Language Tree is expressly forbidden. To the extent you have in any
manner violated or threatened to violate Language Tree's intellectual
property rights, Language Tree may seek injunctive or other appropriate
relief in any state or federal court in the State of California, and you
consent to exclusive jurisdiction and venue in such courts. Any other
trademarks that appear in our stores or catalogs that aren't owned by
Language Tree are the property of their respective owners, who may or
may not be associated with Language Tree.
E-mails, Content, Comments and other Communications
Language Tree encourages comments, suggestions, sending of messages, posting
of stories and reviews and other communications from and amongst our guests
and their friends. You guarantee and depict that any review, comment,
suggestion, message and other communication you submit is accurate, solely
owned or controlled by you, that it does not violate these Terms and Conditions,
that you will indemnify Language Tree and its affiliates from all claims
resulting from the use by Language Tree of content or communications you've
provided. Unless otherwise noted, when you submit any content to us you
grant an irrevocable, nonexclusive, perpetual, royalty-free and fully
sublicensable right to modify, adapt, distribute, display, translate,
create derivative works from, use, reproduce, and publish such content
throughout the world in any media. By submitting such content or communications
to us, you also cede the right to Language Tree and its affiliates and
any sublicensees to identify you as the author of such content or communication.
However, if any such communication is deemed illegal, defamatory, obscene,
injurious, threatening, an infringement of intellectual property, or otherwise
harmful to Language Tree, to our affiliates or any third parties, Language
Tree reserves the right (but not the obligation) to not publish or otherwise
communicate such content. Language Tree has the right, but not the obligation,
to monitor any activity and to remove any content from its stores. Language
Tree takes no responsibility and assumes no liability for any content
posted by you or any third party. ] [OPTIONAL PROVISION]
Disclaimer; Limitation of Liability
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
UNDER NO CIRCUMSTANCES, SHALL LANGUAGE TREE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.
Other Websites
Businesses other than Language Tree may offer services and products on
or through our stores. We may also provide links to other websites which
are not owned or operated by Language Tree. When visiting these other
websites, you should thoroughly review their policies. Language Tree is
not responsible for the inspection or evaluation of these websites and
we do not warrant the offerings of any of these enterprises or individuals
or the content of their websites. Therefore, Language Tree does not assume
any responsibility or liability for actions, product and content relating
to these or any other enterprises or individuals.
Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates
and our officers, directors, owners, agents, information providers, affiliates,
licensors, and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs (including
reasonable attorneys' fees') incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these Terms and Conditions
or claims arising from your account. You shall use your best efforts to
cooperate with us in the defense of any claim. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
Governing Law
By visiting our stores you agree that the laws of the State of California,
without regard to principles of conflict of laws, will govern these Terms
and Conditions and any dispute of any sort that might arise between you
and Language Tree or its affiliates.
Dispute Resolution
Any controversy or claim arising out of or relating to these Terms of
Conditions shall be settled by binding arbitration in the County of San
Francisco, California, in accordance with the arbitration rules of the
American Arbitration Association then in effect, except that the arbitrator
or arbitrators shall be such persons as to which all parties to the controversy
or claim shall agree or in the absence of such agreement, the arbitrator
or arbitrators shall be determined in conformity with the arbitration
rules of the American Arbitration Association then in effect, using to
the extent possible under such rules an arbitrator or arbitrators suggested
by and acceptable to the parties to the arbitration.
Severability
If any of these Terms and Conditions shall be regarded as invalid, void,
or for any reason unenforceable, that terms or condition shall be deemed
severable and shall not affect the validity and enforceability of any
remaining terms and conditions.
Modification and Termination
Language Tree may modify or terminate these Terms and Conditions at any
time and may do so immediately without notice or cause. Information collected
under prior policies will be subject to the modified policies. Language
Tree may also withdraw any rights it has granted to you and deny you access
to our stores. In such event you must promptly destroy all materials downloaded
or otherwise obtained from our stores, as well as all copies of such materials,
whether made under the terms of these Terms and Conditions or otherwise
How to Contact Us
If you have any comments or questions, please do not hesitate to contact
us via telephone at
1-949-481-7291 or email us at info@language-tree.com.