Terms of Service for Germanwithlaura.com
Last Modified: May 1, 2023
Acceptance of the Terms
These Terms are entered into by and between you (“You”) the user of germanwithlaura.com (the “Website“) and German with Laura, LLC (“Company,” “we,” “German with Laura,”or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms“), govern your access to and use of germanwithlaura.com, including any content, functionality, services, and sales offered on or through the Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.
User Accounts and Account Security
You agree to treat your user name and password as confidential information, and you are responsible for keeping your user name and password secure. Be cautious using public computers and public wifi when accessing your account.
If there is any unauthorized access to your account, you agree to notify us immediately.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Access to Courses
We provide online courses, worksheets, and other resources to assist people in learning the German language (the “Courses”). Some of the online resources are free and may be removed or updated without notice.
Courses that are purchased are accessible by you (and only you) who purchase the paid-for course. If you purchased a lifetime access course, you shall have access to the course for as long as the purchased course is available on the Website. Lifetime access courses do not include a lifetime access to the community pages and features of the Website, and community pages and features are provided for the set amount of time described in the lifetime access course package information. If you purchased a subscription to a course or community group, you shall only have access to the course or community group for the length of the subscription that you have paid. If you do not pay your subscription fee or cancel your subscription, your access shall be immediately terminated.
All purchased courses are only for individual usage, and You agree to only use your purchased course for your personal usage. Users can reach out to us at email@example.com about family, employee, teacher, or other discounts or purchasing options.
We reserve the right to withdraw or amend this Website, along with any service or materials within the Courses we provide on the Website, in our sole discretion without notice. In the event purchased courses are being removed from the Website, we will notify any users who purchased the course within the last six (6) months and have not unsubscribed to the Website.
We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. We will use reasonable efforts to fix any bug or issue that occurs on the Website. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including account users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website (ex internet).
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
User Contributions and Community Features
The Website contains interactive features for students to build a community, for example personal web pages or profiles and comment or question boxes (collectively, “Interactive Services“). The Interactive Services allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. We strive to answer questions about the course and material covered on the Website, however, we are not required to answer questions outside of the scope of the material covered in the Courses.
By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms including the Content Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We may remove Interactive Services at our sole discretion without notice or prevent you (or other specific users) from using Interactive Services at our sole discretion.
Course purchases through the Website are governed by these Terms, Stripe’s, and Thinkific’s Terms and conditions located at https://stripe.com/legal/end-users and https://www.thinkific.com/terms-of-service/. You are responsible for all fees charged by your financial institution associated with your payment method, including but not limited to chargeback fees or processing fees.
Book purchases through the Website are governed by these Terms and Shopify’s terms and conditions, located at https://www.shopify.com/legal/terms-payments-us. You are responsible for all fees charged by your financial institution associated with your payment method, including but not limited to chargeback fees or processing fees.
You have the option of purchasing a lifetime access course or purchasing a subscription-based course.
Subscriptions. Subscription-based courses only grant you access for the length of the subscription and can be canceled at any time. For example, if you cancel a month-long subscription, you will lose access to the course at the end of the paid-for period. All subscriptions automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. Please contact firstname.lastname@example.org for instructions on how to cancel.
The cost of a subscription-based course shall be automatically charged to your payment method on file. You are responsible for making sure the payment method on file is accurate and up to date. YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION TO AUTOMATIC PAYMENTS AT ANY TIME BY contacting the Company at email@example.com. However, if You do cancel the automatic payments, your subscription will be canceled, and you will no longer have access to the course. We do not provide refunds or credits for any partial subscription periods.
If payment fails, your access to the course will be immediately terminated until we receive payment.
Lifetime Access. Lifetime access courses grant you access to the course for as long as we offer the course on the Website and limited access to community resources (for example tutors to answer questions and community forums). http://germanwithlaura.com/german-foundations provides details on what is included in lifetime access courses and the amount of time you will have access to resources beyond the course. You may pay for lifetime access courses by paying the entire fee due at once or by payment plan. Payment plans shall be paid in three equal monthly installments that shall be automatically charged on the payment method on file each month starting on the date you sign up for the course.YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION TO AUTOMATIC PAYMENTS AT ANY TIME BY contacting the Company at firstname.lastname@example.org. However, if You do cancel the automatic payments, you must pay any remaining amount of the cost of the lifetime access course immediately. If payment fails, we have the right to and will terminate your access to the course until you pay any remaining amount of the cost of the lifetime access-based course. If payment fails, you are no longer eligible for a payment plan and must pay for the lifetime access-based course in full.
Ordering. You agree to provide current, complete, and accurate information, including but not limited to shipping information, for all purchases made at our store. You agree to promptly update your account, purchase, and shipping information, including your email address credit card numbers, and address, so that we can complete your transactions and contact you as needed.
You agree that a request for an order is an offer to buy all products or services listed in your request. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your invoice and details of the items you have ordered.All prices, discounts, and promotions posted on the Website are subject to change without notice. The price provided on your invoice for a product or service will be the price for your order.
Many products and services are provided online. We strive to grant access within 24 hours of processing your purchase but do not warrant that will occur. In the event you do not receive online access within five (5) days, please notify email@example.com, and we will assist you in getting access.
Title and risk of loss pass to you upon our transfer of the physical products you ordered to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Warranties. All exchanges and returns are governed by our Return Policy, located at https://germanwithlaura.com/refund-policy/.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER.
Additional terms and conditions may apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity; if this is not the case
(collectively, “Content Standards”).
Intellectual Property Rights
The products and services for sale on the Website, the Website, and its entire contents, the Courses, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“German with Laura IP”).
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features, such as links to our products on Facebook, Instagram, Pinterest, and Twitter, with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site (beyond using worksheets for learning purposes describe in the Courses).
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or German with Laura IP in breach of the Terms, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the German with Laura IP is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name GERMAN WITH LAURA, the Company logo, and all related names, logos, product and service names (Ex GERMAN FOUNDATIONS), designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
DMCA Notice and Takedown Procedure
German with Laura supports the protection of intellectual property. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that our Website or products is infringing their intellectual property rights, they can send a DMCA Notice to our designated agent by emailing firstname.lastname@example.org. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. The DMCA Notice must conform to the legal requirements, including but not limited to specifying the material that is infringing and how you have rights to the material.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, machine learning, AI, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website (including the Courses), or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Our Rights to Monitor Your Usage of the Website; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general and educational information purposes. Learning a foreign language requires practice, and we highly recommend you use the Courses and implement the lessons in real life conversations and practice in order to get the best results from the Courses. We do not guarantee you will be fluent in German after completing the Courses as they are merely educational information to assist in the learning of the complex German language and practice is required outside of the Courses.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of South Dakota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we use a website host to host and run our website and cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota, in each case located in the City of Sioux Falls and County of Minnehaha, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
This website is created and operated by German with Laura, 301 N Duluth Ave, Sioux Falls, SD 57104 USA
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.