1. Acceptance of the Terms

By using the information, tools, features and functionality located on SpeakOut (together the “Service” or the “Services”), you agree to be bound by this Agreement and the Terms, whether you are a “Visitor” (which means that you simply browse the SpeakOut website) or you are a “Customer” (which means that you have registered with SpeakOut). The term “you” or “User” refers to a Visitor or a Customer. The term “we” refers to SpeakOut. The term “Material” refers to all class materials used in our classes. If you wish to become a Customer, communicate with other Customers and/or make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.

If you do not agree with all the Terms, do not use the Site.
Please review all of the Terms carefully before using the Site.
By using the Site, you agree to be bound by the Terms and confirm that you are over the age of 13 and able to form legally binding contracts.
Before you continue, you should print or save a local copy of this Agreement for your records.

2. Changes to these Terms

SpeakOut has the right to modify this Agreement and any policies affecting or pertaining to the Site. Your continued use of the Site following notice of the Agreement modification will be considered an acceptance of the modified terms and conditions of use. Your recourse upon dissatisfaction with the modified terms of use is to cancel your subscription by following the instructions set out above. Furthermore, SpeakOut reserves the right to modify, suspend or discontinue the Site at any time.

3. Provision of the Services

In providing the Services, we do not actively monitor the display, transmission and exchange of Material that is accessible by means of the Services, nor do we maintain any obligation to do so except as otherwise determined by us or required by the laws of applicable jurisdictions. However, subject to the terms of our Privacy and Security Policy, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and remove Material accessible by or transmitted through the Services that, in our sole discretion, we believe is in violation of the law of these Terms or is unacceptable to us in our sole discretion.

From time to time and without prior notice to you, we may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services.

4. Your Rights

SpeakOut offers you a non-transferable, non-exclusive, limited right to access, use and display the content of this Site, provided that you comply with this Agreement and the Terms as set out in full. The materials of this Site are provided to you only for your private, non-commercial use. Certain services of this Site are available only to registered customers of SpeakOut.

By electing to purchase a subscription or register for a trial of SpeakOut, you agree to be bound by the terms and conditions set out below in section 10 in the SpeakOut billing policy.

5. Use of the Service

Your right to access and use SpeakOut and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use SpeakOut for lawful purposes.

You are responsible for maintaining the secrecy of your SpeakOut account (the “Account”), username and password. You agree to notify SpeakOut of any unauthorized use of your SpeakOut Account. In order for the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

In our sole and absolute discretion, we may terminate your Account, or modify, reclaim or remove any username associated with your Account, for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account and/or the Services.

Your access and use of SpeakOut may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SpeakOut or other actions that SpeakOut, in its sole discretion, may elect to take. SpeakOut is not responsible for any loss resulting from your using any of Easy Language’s services, software, materials, audio or video files, content, or communications.

6. Intellectual Property Rights

All materials of SpeakOut, including content, text, images, software, audio and video files, documentation, Email English and the Site remain at all time the sole property of SpeakOut or its suppliers. Such aforementioned materials are protected under international copyright, trademark and other intellectual property laws. You may not post, distribute, sublicense, translate or reproduce in any way any copyrighted materials, trademarks or other proprietary information without the prior express written consent of SpeakOut.

7. Access and Interference

You agree that you will not:
• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor SpeakOut or any portion of SpeakOut, without SpeakOut’s express written consent, which may be withheld in SpeakOut’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SpeakOut, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of SpeakOut or the Service;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of SpeakOut or the Service. Please be aware that your carrier’s normal rates and fees, such as text messaging fees, will apply when accessing SpeakOut with your portable devices.

8. Privacy and Security Policy

Your use of our Site and any personal information or other information about you collected by SpeakOut through, or in connection with, the Site (other than User Generated Content) is subject to our Privacy and Security Policy.

As indicated in the Terms, our Site is not designed to attract children under the age of 13. We do not knowingly collect personally identifying information from anyone under the age of 13 unless we first obtain permission from that child’s parent or legal guardian.

For questions about our online privacy and security policy for children please refer to the Privacy and Security Policy.

9. Community forums, chats, message boards, and email conduct

SpeakOut strives to create a global community of language learners. As such, SpeakOut provides users with the ability to post messages, use chat rooms, and find learning resources, such as local language schools and job offers. You are solely responsible for the content of these messages as set out in this Agreement. In addition, by using these services, you agree to not publish, contribute or post any material that:
• Contains content that is not original or for which you have not received the prior express written consent of the originator of said material.
• Contains objectionable language or is in any way profane, pornographic, sexually explicit, slanderous or libelous.
• Attempts to contact a fellow user of SpeakOut without explicit solicitation by that user.
• Violates any viable rules, laws or regulations, or infringes on any rights of any third party.
• Contains viruses or any other code designed to interrupt, destroy or incapacitate the functionality of any software, hardware or telecommunications.
• Is considered “spamming,” such as chain letters, junk mail, or other solicitations.
• Attempts to impersonate another person or breach the security of SpeakOut and its users.
• The opinions and messages posted by users at SpeakOut do not reflect and are not representative of the views of SpeakOut or its employees, affiliates, suppliers or partners. SpeakOut is not responsible for the content of messages sent by users to other users they have located through Easy Languages.

10. Fees and payments

You will be required to register and create an account with SpeakOut (the “Account”) in order to access certain features of the Site and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our “Privacy and Security Policy”. You represent and warrant that you will not create an Account for anyone other than yourself without permission, that all information provided by you when creating an Account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your Account.

Certain materials and functionalities of the Site are available only through the purchase of an online language class package (the “Package”). Pursuant to this Agreement you are responsible for any charges associated with connecting to the Site. SpeakOut reserves the right to change the Package fees in effect or institute new fees at any time, upon reasonable notice posted on the site and emailed to current customers.

By purchasing a Package you agree to be bound to the following terms:
Billing Policies
SpeakOut fees are exclusive of any applicable VAT or taxes, interest or installment fees charged by the credit card company, or other fees associated with connecting to the Internet.
SpeakOut guarantees that every credit card transaction you make at SpeakOut is 100% secure. If at any time you wish to check on the status of your subscription, please login and visit the “My Account” page in your Login area.
Your language course contains teacher-led classes. Group classes and private classes are delivered on a “class credit basis”, giving you access to the stated amount of group classes and private classes that your language course offers. You can always find current prices of language courses posted in the checkout pages and occasionally in other pages of our website. The exact contents of your language courses are clearly set forth and accessible at all times in the logged-in section of the Site under “My account”.
If you do not cancel your language course before the end of the stated course time, you agree to the automatic extension of your language course for the same time and the same terms. If you do not wish to continue your language course, you have to deactivate your account in the “My Account” page in your login area or give us written (email) notice.
An exception to the prior paragraph is our 30-day money-back guarantee when stated explicitly on the checkout page. Within 30 days after the purchase of your first month’s subscription, you have the right to cancel your language course and receive your full money back, by writing a request to make use of this 30-day-money back guarantee by written (email) notice. This 30-day money-back guarantee does not apply to any trial packages or subsequent subscriptions.
In addition to the classes included in your language course, you can purchase additional classes. These classes give you the right to take more teacher-led classes. Additional classes, whether group or private, those sessions are delivered on a “class credit basis” over a period of 3 months, this means that if you haven’t used those sessions by the end of 3 months after purchasing the class package, those unused sessions are lost to you and will not be refunded.
Free trial
Free trial packages are available only to first-time users.
Credit card payments
After initial enrollment, if your credit card expires, is cancelled, is lost, or rendered invalid, your subscription is in danger of termination. You will be contacted and given the opportunity to change your registration data. If your credit card is not successfully recharged and you are not renewed successfully, your subscription will be terminated.

11. RETURN POLICY & REFUNDS

30 day return policy, no questions asked, subscriber may cancel by phone or email.

All purchases within 180 days are refundable.
all purchases within 180 days are refundable, and you can refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not SOEAKOUT. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact SPEAKOUT Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Digicafe, Attn: Cancellations, 1221 Kapiolani Blvd, Suite 740, Honolulu HI 96814, USA.

12. Indemnification

You agree to indemnify, defend and hold harmless SpeakOut and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of the Site or your breach of this Agreement and any of the Terms set out herein.

13. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if SpeakOut does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SpeakOut has the benefit of under any applicable law), this will not be taken to be a formal waiver of SpeakOut’ rights and that those rights or remedies will still be available to SpeakOut.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and SpeakOut regarding the subject matter of the same, and supersedes all other previous agreements.
If you have any questions about this policy statement, or about any of SpeakOut’s other policies and practices, please contact us on the contact details laid out on SpeakOut.
SpeakOut and related services are, if not otherwise specifically mentioned, supplied by:

Linqsea Inc.
1221 Kapiolani Blvd, Suite 740
Honolulu HI 96814, USA