Terms of Use


EFFECTIVE AS OF MAY 1, 2010

We at BusinessEnglishPlace ("we", "BEP", "our", or "us") are committed to the responsible use of your personal information and the protection of your privacy. This privacy statement applies to all the products and services on our Web site http://www.businessEnglishPLACE.com where we collect information on the Web site or via e-mail.

Thank you for your interest in BusinessEnglishPlace® website service (the "Service") offered by BusinessEnglishPlace ("we," "BusinessEnglishPlace," "our" or "us") that allows users to, among other things, upload, post, publish, display or make available user-generated content ("User Content") on or through the Web site www.careerenglishinstitute.com (the "Site").

IMPORTANT – PLEASE READ CAREFULLY. THESE SERVICE TERMS OF USE ("TERMS OF USE") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND CAREER ENGLISH INSTITUTE. THE TERMS OF SERVICE ALONG WITH ANY POLICIES THAT MAY BE POSTED ON THE SITE SET FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE SITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE SITE OR SERVICE. BY OPENING, ACCESSING, USING, DOWNLOADING OR BROWSING THE SITE INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITE OR BY USING THE SERVICE, IN ANY WAY, YOU CONSENT TO THESE TERMS OF USE.


REGISTRATION


By using the Service, you represent to BusinessEnglishPlace that (i) you are of legal age to form a binding contract under the laws of the United States of America and, if you are between the ages of 13 and 18, you have your parent's or legal guardian's permission to register with the Service, (ii) the information you provide to BusinessEnglishPlace during registration on the Site is true, correct, and complete and will remain true, correct, and complete for as long as you use the Site, and (iii) your registration and use of the Service will not violate any law, rule, or regulation applicable to you or your use of the Service and the Site. BusinessEnglishPlace reserves the right to terminate your use if you have provided BusinessEnglishPlace with false registration information or if you violate the Terms of Use. Upon your registration with the Site, you will receive a password to access your account. You acknowledge that you are responsible for maintaining the secrecy of your account number and/or password and that you are responsible for all uses of your account. You agree to take reasonable steps to protect the security of your password and to immediately notify BusinessEnglishPlace if you are aware or suspect that any unauthorized access to your password or account has occurred.


OWNERSHIP OF SITE AND CONTENT


BusinessEnglishPlace Content

The Service and the Site are the property of BusinessEnglishPlace and its affiliates and licensors. All content placed on the Site by BusinessEnglishPlace, including, without limitation, all text, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, "BusinessEnglishPlace Content") contained on the Site, and the design and arrangement of such BusinessEnglishPlace Content, is owned or controlled by, or is licensed to, BusinessEnglishPlace and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Site may contain "frames" or other similar structures or expressions which include content from third parties under contract or who have been given permission to advertise on the Site ("Third Party Content"). If such Third Party Content is subject to terms of use by a third party, such third party terms of use shall govern the use of such Third Party Content. Except as specifically noted in such Third Party Content, BusinessEnglishPlace makes no representations or claims regarding the accuracy, use, ownership, or policies governing such Third Party Content. Third Party Content not subject to terms of use by a third party shall, in the sole discretion of BusinessEnglishPlace, be subject to the restrictions on use contained in these Terms of Use. By using the Site, you expressly relieve BusinessEnglishPlace from any and all liability arising from your use of any Third Party Content.

User Content

BusinessEnglishPlace does not claim ownership of the User Content. By uploading, submitting, or otherwise making such User Content available on the Site, you grant BusinessEnglishPlace a worldwide, royalty-free, non-exclusive right and license to use, have used, distribute, have distributed, reproduce, have reproduced, modify, have modified, adapt, have adapted, publicly perform and publicly display such User Content (in whole or in part) for all purposes related to the operation of the Site or promoting the Site or BusinessEnglishPlace. The above license shall be sub-licensable and include the right to create derivative works based on the User Content, and exercise the above rights with respect to such derivative works. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, distribute, reproduce, display and perform such User Content. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that BusinessEnglishPlace may retain, but not display, distribute or perform, server copies of User Content that has been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

BusinessEnglishPlace does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You represent and warrant to BusinessEnglishPlace that you own the User Content or you have been granted the right by the owner of such User Content to grant BusinessEnglishPlace the license above. BusinessEnglishPlace does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and BusinessEnglishPlace expressly disclaims any and all liability in connection with User Content. BusinessEnglishPlace does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and BusinessEnglishPlace will remove all Content and User Content if properly notified that such Content or User Content infringes on another party's intellectual property rights. BusinessEnglishPlace reserves the right to remove Content and User Content, for any or no reason, without prior notice. User Content is available "as is."

Use Restrictions

You may access the Service, the Site or BusinessEnglishPlace Content, Third Party Content and User Content (collectively, the "Content") solely:

  • For your information and personal use;
  • As intended through the normal functionality of the Site;
  • For Streaming (where "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user); and
  • For Download (where "Download" means a digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for viewing at another time and not intended to be copied, permanently stored, or redistributed by the user).

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You must use the Content as provided by BusinessEnglishPlace, and you may not edit or modify the Content supplied by BusinessEnglishPlace. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Accessing Content for any purpose or in any manner other than as set forth above is expressly prohibited.


MESSAGE BOARD, BULLETIN BOARD, EMAIL AND CHAT ROOM CONDUCT


The message boards, bulletin boards, email and chat rooms, or other message services ("Messaging Services") are provided to you and other users as an opportunity to communicate, practice your English learning, and share ideas and User Content. All of the content of your message board, bulletin board, and chat postings shall be considered "User Content". Please be courteous and respectful to your fellow users. You agree not to use the Messaging Services for chain letters, junk mail, "spamming", or solicitations (commercial or non-commercial). You also agree not to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.

You should evaluate whether you want to use the Messaging Services before using them. By using the Messaging Services, you agree that BusinessEnglishPlace shall not be responsible for any content in the Messaging Services. BusinessEnglishPlace does not pre-screen or monitor the messaging content as a matter of policy. BusinessEnglishPlace has the right, but not the responsibility, to remove any messaging content which it deems harmful, offensive, or otherwise in violation of these Terms of Use or any rules it may have in place at the time. We have no obligation to delete messaging content that you may find objectionable or offensive. BusinessEnglishPlace may choose to monitor some, all, or no areas of the Messaging Services for adherence to these Terms of Use or other rules that may be given to users.

You understand that all message board, bulletin board, and chat communications are public and not private communications.

You agree to use Messaging Services only to send and receive messages and material that are proper. When using the applicable Messaging Services, you agree to stay on topic related to the particular message board, bulletin board, or chat room. The following are examples of prohibited use of the Messaging Services; this is a guide and not a list of all prohibited uses. You agree that when using the Messaging Services, you will not:

  • Defame, abuse, harass, stalk, threaten, or violate the rights of privacy and publicity of others
  • Distribute or post any defamatory, infringing, obscene, indecent, or unlawful message or material;
  • Upload files or material that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files or materials that contain viruses, corrupted files, or any other similar software that may damage the operation of another's computer;
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters;
  • Disrupt the flow of dialogue in any of the Messaging Services or otherwise act in a manner that negatively affects other participants;
  • Download any file that you know, or reasonably should know, cannot be legally distributed in such manner; or
  • Obtain or divulge any personal information of any user or participant.


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)


It is our policy to comply with the DMCA or any equivalent law in other countries where the Site and Service are made accessible. We shall: (i) block access to or remove material that we believe in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BusinessEnglishPlace's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent c/o BusinessEnglishPlace, 15874 Paseo Del Sur, San Diego, CA 92127, USA, info@businessenglishplace.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:


Your physical or electronic signature;


Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BusinessEnglishPlace may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BusinessEnglishPlace's sole discretion.


YOUR USE OF THE SITE


Subject to your acceptance and compliance with these Terms of Use, BusinessEnglishPlace hereby grants you permission to access and use the Service, provided that you shall not (and not allow any third party to): (i) copy, reproduce, display, transmit or distribute any part of the Site or the Content in any way without BusinessEnglishPlace's prior written consent; (ii) use the Site or the Content for any commercial purpose without BusinessEnglishPlace's prior written consent; (iii) to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesses the Site in a manner that sends more request messages to BusinessEnglishPlace servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line browser; (iv) use any process or means (including circumventing security protocols or the navigational structure of the web site) to access any information not purposely made available by BusinessEnglishPlace through the Site, (v) attempt to gain or actually gain unauthorized access to any portion or feature of the Site, or any other systems connected to the Site, or to any of the services offered on or through the Site, by illicit or illegitimate means (such as "hacking"), (vi) use any means to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site, (vii) not use the Site to harass, threaten, abuse, stalk, hurt or otherwise cause physical or emotional harm to any other person, (viii) not manipulate or falsify any transmittal (including data and personal information) you send to BusinessEnglishPlace through the Site, (ix) not use the Site or any Content for any unlawful purpose, including the solicitation of any unlawful activity, or other activity that infringes the rights of BusinessEnglishPlace or others, (x) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site and/or Service or otherwise interfere with other users' or members' enjoyment of the Site and/or the Services; (xi) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; (xii) use the Site or the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene.


ADDITIONAL TERMS AND CONDITIONS


Additional terms and conditions may apply to specific portions or features of the Site, including, events, purchases, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. Failure to agree or comply with these Terms of Use and such additional terms and conditions may restrict your participation in certain services offered on or through the Site (such as the ability to make purchases on the Site or participate in promotions).


PRIVACY; SECURITY


BusinessEnglishPlace's Privacy Policy (at http://www.englishcafe.com/) applies to your use of the Service, and its terms are made a part of these Terms of Use. Any feedback you provide at the Site shall be deemed to be non-confidential. BusinessEnglishPlace shall be free to use such information on an unrestricted basis. BusinessEnglishPlace may also disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service or the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BusinessEnglishPlace's rights or property, or the rights or property of visitors to or users of the Site, including BusinessEnglishPlace's customers.

You acknowledge and agree that data transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


LINKS


This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BusinessEnglishPlace's control, and BusinessEnglishPlace is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.


DISCLAIMERS


CAREER ENGLISH INSTITUTE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE SITE, OR ANY CONTENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CAREER ENGLISH INSTITUTE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CAREER ENGLISH INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CAREER ENGLISH INSTITUTE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE OR THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CAREER ENGLISH INSTITUTE FOR DISSATISFACTION WITH THE SERVICE, THE SITE OR ANY CONTENT IS TO STOP USING THE SERVICE, THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


LIMITATION OF LIABILITY


EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CAREER ENGLISH INSTITUTE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF CAREER ENGLISH INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAREER ENGLISH INSTITUTE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CAREER ENGLISH INSTITUTE FOR ANY CAREER ENGLISH INSTITUTE SERVICES DURING THE TERM OF MEMBERSHIP.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


INDEMNITY


You shall indemnify, defend and hold BusinessEnglishPlace and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys' fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your inclusion of any User Content on the Site; (iii) your conduct, including your use of the Site and Service; (iv) any violation or breach of these Terms of Use; or (v) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or the Service (collectively, the "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to BusinessEnglishPlace Entities. BusinessEnglishPlace shall have the right, in its sole discretion, to select its own legal counsel to defend BusinessEnglishPlace from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all BusinessEnglishPlace's reasonable attorneys' fees incurred in connection therewith. You shall notify BusinessEnglishPlace immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or BusinessEnglishPlace's ability to fully perform their respective duties or to exercise its rights under these Terms of Use. You shall not, without the prior written approval of BusinessEnglishPlace, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for BusinessEnglishPlace.


GOVERNING LAW; DISPUTE RESOLUTION


You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the exclusive personal jurisdiction by and venue in the state and federal courts in San Diego County, California, and waive any objection to such jurisdiction or venue.


MISCELLANEOUS


You may not use the Site or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. BusinessEnglishPlace will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. BusinessEnglishPlace's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by BusinessEnglishPlace of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between BusinessEnglishPlace's and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. BusinessEnglishPlace reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. ANY CLAIM UNDER THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.


UPDATES, TERMINATION OR SUSPENSION OF ACCESS


The information contained on the Site is subject to change at any time and without notice, and BusinessEnglishPlace makes no commitment to update the materials on the Site, including information that may be out of date.

BusinessEnglishPlace reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the Site, or any portion thereof, or interrupt the operation of the Site, or any portion thereof.

Danielle Rowley - Business English Place CEO
"I personally guarantee that with our 'Performa Learning On Demand™' system you will be more effective and successful in your career."

Danielle Rowley, IMBA Co-Founder / CEO

A few of our satisfied clients

Motorola - Business English Place Client
Danske Bank - Business English Place Client
Coca-Cola - Business English Place Client
Samsung - Business English Place Client
Sony  - Business English Place Client
Hyundai - Business English Place Client