Effective Date: April 4, 2022
Last Updated: April 4, 2022
Sign Language 101 provides American Sign Language (“ASL”) learning online. We enable anyone anywhere the ability to access ASL education to learn. We need rules to keep our platform and services safe for you, us and our tutor community. These Terms and Conditions apply to all your activities on the Sign Language 101 website and any video conference platform, (e.g. Zoom) in which tutoring services are provided.
Please read these Terms and Conditions fully and carefully before using www.signlanguage101forkids.com (the “Site”) and the services, features, free or paid content and video conference tutoring offered by Sign Language 101 (together with the Site, the “Services”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Site and the Services.
- “Our”, “We”, and “Us” refers to Sign Language 101;
- “Site” refers to the Sign Language 101 website at www.signlanguage101forkids.com;
- “Services” refers to the services, features, free or paid content and video conference tutoring services offered by Sign Language 101 on our Site;
- “Product” refers to a unique product, such as an online course, provided by us as a result of our Services;
- “You”, “User”, “Your” refers to you, the person accessing this Site and using Our Services; and
- “Party” or “Parties” refers to both the User and Ourselves, or Ourselves and the User.
2. ACCEPTANCE OF TERMS
If you live in the United States or Canada, by agreeing to these Terms & Conditions, you agree to resolve disputes with Sign Language 101 through binding arbitration, and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
2.2 Additional Terms
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms & Conditions by this reference.
2.3 All Users
These Terms & Conditions apply to all users of the Services, including, without limitation, users who are contributors of content or provide tutoring services, registered or otherwise. All rights not expressly granted to you under these Terms and Conditions are reserved to Sign Language 101.
You represent and warrant that you are at least 13 years of age. If you are under the age of 13, you may not, under any circumstances or for any reason, register an account to use our Site and/or Services. A parent or guardian may create an account for a child under 13 and manage that account. This allows the child to access the Site and/or Services.
We may, in our sole discretion, refuse to offer the Services to any person and change the eligibility requirements or criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offer, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, or for the use of an under 13 child (upon parental or guardian consent), and not for the use or benefit of a third party. Each purchase is intended only for your use, unless specified otherwise, and not for the use or benefit of a third party. You may not, under any circumstances or for any reason, share purchases or provide access to your account for the use or benefit of a third party. If you are registering with Sign Language 101 on behalf of an entity, you represent and warrant that you have full authority to bind that entity to these Terms and Conditions
4. ANTI-DISCRIMINATION POLICY
It is the policy of Sign Language 101 to maintain a working and learning environment free of all forms of discrimination.
Sign Language 101 does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.
To use our Services, you must create an account (“Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (I) select or use as a username a name of another person with the intent to impersonate that person, (II) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (III) use, as a username, a name that is offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, including keeping your Account password secure. You may not use another person’s user account without permission. You must notify us immediately of a breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You may not share your account login credentials with anyone else.
6. CONTENT & SERVICES
The Site allows you to purchase access to online courses and tutoring services for a fee. We may, at our sole discretion, engage third-party service providers from time to time to provide certain Services. Each purchase is intended to be used only by one person, unless specified otherwise. The online content and courses that we provide for a fee through our Site constitute our intellectual property and may not be exploited in any way prohibited by these Terms and Conditions.
7. INTELLECTUAL PROPERTY
Unless otherwise indicated, this Site is our proprietary property and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by us, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions, including the US and Canada, international copyright laws, and international conventions or treaties.
Subject to these Terms and Conditions, and any of our other policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services and/or Product(s). You may only use our Product(s) for your personal, non-commercial use, unless you obtain our written permission to otherwise use the Product(s). Using our Services and/or Product(s) does not give you ownership of, or any intellectual property rights in, our Services or Product(s) you access for a fee paid through our Site.
9. RULES OF CONDUCT
All users agree to abide by these Terms and Conditions and any other standards or policies prescribed by Sign Language 101 from time to time. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for your activity, and all activity connected to your Account in connection with the Services. You should check these policies periodically to ensure that you comply with any updates to them.
9.1 Prohibited Conduct
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local and national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
9.2 User Rules of Conduct
As a user, you are responsible for all your activity on the platform. This includes the content that you post, such as reviews, questions, posts, messages, and any other content that you share. In addition to the restrictions in the Terms and Conditions, you agree that you will not:
- post or provide profane language or content;
- post or provide content or information that is inappropriate, offensive, racist, hateful, sexist, racially or ethnically objectionable, pornographic, false, misleading, incorrect, infringing, defamatory, libelous, invasive of another’s privacy, or otherwise unlawful in any manner;
- post or provide inappropriate sexual content or links to inappropriate sexual content, nudity or obscenity;
- post any content or information that harms minors in any way;
- post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation through the Services or to any other user;
- engage in conduct, or encourage conduct, that is illegal;
- post private or confidential information;
- post content that violates a legal ownership interest of another party; and
- impersonate another person, gain unauthorized access to another person’s account, or otherwise deceive or mislead others about the origin of the content or information.
9.3 User Restrictions
As a user, you agree not to:
- circumvent, disable, or otherwise interfere with security-related features of our Site;
- disparage, tarnish, or otherwise harm, in our opinion, our Site and/or Services;
- use the Site and/or Services in a manner inconsistent with any applicable laws or regulations;
- interfere with, disrupt, or create an undue burden on the Services, or the networks or services connected to the Services;
- you will not share access to our online content with a third party (unless otherwise permitted by use separately in writing);
- you will not lease, sell, grant or otherwise exploit our Site and/or Services in a way prohibited by these Terms and Conditions; and
- attempt to bypass any measures of the Site designed to prevent or restrict access to the services, or any portion of the Site.
9.4 Tutor (Contractor) Rules of Conduct
If you are a tutor, you can submit content for publication on the platform and you can also provide tutoring services where you directly communicate with users who have enrolled in our tutoring services. In both cases, you must abide by the law and respect the rights of others. You are solely responsible for any and all of your activity on the platform. Make sure to understand all the rules set forth in the Contractor Terms before you submit any content or provide any tutoring services on our platform.
9.5 Removal, Suspension or Ban
Sign Language 101 reserves the right to remove, terminate, suspend and/or ban any user, or any account, for any reason at any time, without prior notice, including, but not limited to, cases where:
- a User does not comply with these Terms and Conditions;
- a User violates our Rules of Conduct policy;
- a User’s behavior towards a Tutor is threatening, vulgar, or discriminatory;
- a User harasses a Tutor, or another user, in any manner;
- as determined by Sign Language 101 in its sole discretion.
10. THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link, either on the Services or by a tutor, does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, either indirectly or directly, for any damage or loss caused, or alleged to be caused by, or in connection with the use of, or reliance on, any such content, goods or services available on or through any such website or resource.
11. PAYMENTS, CREDITS, AND REFUNDS
Certain of our Services may be subject to payments now or in the future, such as the online courses and tutoring services. Unless specified otherwise, all fees are quoted in U.S. Dollars and all payments will be processed in U.S. Dollars. For tutoring services, the pricing is based on the terms of the Contractor Terms. The price applicable will be the price at the time you complete your purchase. Any price offered for particular services may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
You agree to remit payment for access to online content, tutoring services, and any other paid Services provided by Sign Language 101, and you authorize us to charge your debit or credit card or process other means of payment for those fees. When you remit payment, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to content or a tutoring session, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to cancel future tutoring services, or restrict access to online content, until adequate payment is received.
11.3 Refunds and Refund Credits
We want you to be completely happy with your purchase, so we’ve made it easy to get a refund. In order to request a refund, please complete our Refund Request form. All online courses can be refunded within thirty (30) days from the original date of purchase, and which meet the following criteria:
- You’ve completed less than 50% of the course.
- You have not previously received a refund for the course.
Refunds will be processed to the original form of payment and take five (5) to ten (10) business days to appear in your account. No refund is due if you request it after the thirty (30) day period. Sign Language 101 reserves the right to refund users beyond the thirty (30) day limit in cases of suspected or confirmed account fraud.
Any refunds for a gift course will be processed to the original form of payment. If you would rather apply the refund amount toward another Sign Language 101 product please let us know when you submit your refund request. Once a refund has been initiated we are not able to reverse it.
We do not grant refunds for any subscription services unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms and Conditions, you will not be eligible to receive a refund.
12. WARRANTY AND OTHER DISCLAIMERS
There may be a time when our platform is down, either for planned maintenance or because something happens with the Site. It may happen that one of our tutors makes misleading statements in their content or services. It may also happen that we encounter security issues. These are just a few examples. You accept that you will not have any recourse against us in any of these types of cases where things do not work out properly. As such, the Services and their content are provided on an “as is” and “as available” basis. We (our affiliates, partners and agents) make no representations or warranties about the suitability, reliability, availability, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (our affiliates, partners and agents) make no warranty that you will obtain specific results from use of the Services.
We may decide, at any time and for any reason, to cease making available certain features of the Services. Under no circumstances will Sign Language 101, or its affiliates, partners or agents, be held liable for any damages due to such interruptions or lack of availability of such features. Furthermore, we are not responsible for delay or failure of our performance of any of the Services by events beyond our reasonable control, such as an act of war, hostility or sabotage; natural disaster; electrical, internet or telecommunication outage; or government restrictions.
13. LIMITATION OF LIABILITY
You expressly understand and agree that Sign Language 101 and its directors, employees, agents, partners and affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, physical injury, emotional distress, data loss, cost of procurement of substitute goods or services, bugs, viruses or other intangible losses (even if Sign Language 101 has been advised of the possibility of such damages), resulting from the use of the Services. In recognition of the relative risk improper or incorrect American Sign Language usage may present, to the fullest extent permitted by law, you agree to limit the liability of Sign Language 101 and its directors, employees, agents, partners and affiliates for any and all claims, losses, costs, damages of any nature whatsoever arising from negligence or other common law or statutory theory of recovery. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity. In no event shall Sign Language 101’s total liability to you for all damages, losses, and causes of action or otherwise exceed the amount paid by you, if any, for accessing the Site or the Services.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our, and their, respective employees, contractors, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from, or relate to, your use or misuse of, or access to, the Services, or otherwise from your violation of these Terms and Conditions, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by, and construed in accordance, with the laws of the State of Texas, including conflicts of law rules, and the United States of America. You agree that any dispute arising from, or relating to, the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Texas.
16. DISPUTE RESOLUTION
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us.
If we cannot resolve the dispute amicably, you and Sign Language 101 agree to resolve any claims related to these Terms and Conditions (or any of our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask the court to compel arbitration. Either party can also ask a court to halt court proceedings while an arbitration proceeding is ongoing.
16.2 The Arbitration Process
Any disputes that involve a claim of less than $10,000.00 (US Dollars) must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (“AAA”). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. The parties agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless the parties agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
16.3 No Class Actions
We both agree that we can only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms and Conditions will still apply.
Sign Language 101 reserves the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services, temporarily or permanently, at any time by posting a notice on the Site or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features, services, or restrict access to parts or all of the Services without notice or liability. While we will provide timely notice of modifications, it is also your responsibility to check these Terms and Conditions periodically for changes.
Your continued use of our Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward.
18. ENTIRE AGREEMENT
These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of our Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and use with respect to the Services.
If any section of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining sections will continue to be valid and enforceable. If a court finds that any section of these Terms and Conditions is invalid or unenforceable, but that by limiting such section, it would become valid and enforceable, then such section will be deemed to be written, construed, and enforced as so limited.
20.1 Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms and Conditions, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-email; or the date after it is sent, if sent for next day delivery by overnight delivery service.
20.5 No Waiver
Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver or our right to later enforce that, or any other part, of these Terms and Conditions. Waiver of compliance in any particular instance does not mean we will waive compliance in the future. In order for any waiver to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section, subsection and paragraph headings used in these Terms and Conditions are for convenience only and shall not affect their interpretation.
21. SECURE RECORD POLICY
Sign Language 101 is committed to ensuring the security of student data records. A private database is maintained that includes participant contact information, learning event details and related course information. Records are stored securely to ensure the confidentiality of data collected.
- Requests for records must be submitted in writing and will be processed only after the identity of the requester has been verified.
- Access to course materials is accessible by a password-only LMS
22. ACCOUNT DELETION
You can stop using our Services at any time for any reason. You may delete your user account by using our Site or by notifying us at email@example.com. When you decide to delete your user account, we will delete your data, although this may not take place immediately.
23. PROPRIETARY INTEREST DISCLOSURE
SignLanguage101.com instructors do not have proprietary interest in any product, service, or material discussed during its learning events. When presenting or demonstrating SL101 proprietary content, products, and services, instructors present themselves professionally, as representatives of SL101, and communicate the content, products, and services as the sole intellectual products, services, and systems of SignLanguage101.com.
24. CUSTOMER SUPPORT
We provide Customer Support services to our registered Users via electronic mail. If you experience any difficulties using our Site or Services, please notify use by contacting us at firstname.lastname@example.org with the subject line “Support”.
25. HOW TO CONTACT US
For questions or clarifications regarding our Terms and Conditions and/or any other matters related to our Services, please contact us at email@example.com.
Our mailing address is:
Sign Language 101, LLC
P.O. Box 40778
Austin, TX, 78704