Welcome to Englishlink ("EL"), your global on-line English language school. The EL website is owned and operated by Drake Training Systems Limited.
Access and use:
The detailed "Terms and Conditions of Use for ENGLISHLINK" ("Agreement") represents a binding contract between you and EL for using the site. The information from the URL http://www.englishlink.com/ is subject to this Agreement. When you register, and each time you visit or browse the site, you agree to the terms and conditions of use set out below.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE EL SITE.
EL reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time (last updated September 26, 2006). Please check these terms periodically for changes. Your continued use of the EL site following the posting of changes to these terms will mean you accept those changes.
1. Use of Englishlink content
- All materials contained in the EL site are subject to copyright and other intellectual property rights. All trademarks, service marks, trade dress, and trade names are the property of EL.
- No content, text, images, software, audio/video files, documentation from the EL site or any Internet site owned, operated, licensed, or controlled by EL may be copied, reproduced, republished, uploaded, posted, transmitted, sublicensed or distributed in any way without the prior express written consent of EL.
- Your rights:
- You have a non-transferable, non-exclusive, limited right to access, use and display the content of this website, as long as you comply with this Agreement as set out in full. This site is for your private use only.
2. Your Responsibilities: EL Forums and public communication
- EL will monitor your use of the programs and services provided through this website in order to ensure acceptable use of any EL Forum, which is any public (not private), chat area, message board, or e-mail function offered as part of the EL site.
- If you participate in any Forum within the EL site, you must not:
- Be disrespectful of other students and your teachers;
- Defame, abuse, harass or threaten others;
- Make any bigoted, hateful, or racially offensive statements;
- Post any files without permission of the copyright owner, or pretend that the material is your own (plagiarism);
- Pretend you are someone else by sending a message which appears to have come from another person's computer, or represent yourself as being another gender, age or race;
- Discuss illegal activities with the intent to commit them;
- Post or distribute any material (including links to other websites) that directly offers copyright infringing material or directs users to copyright infringing material such as audio or video files, commercial photographs or software, and will infringe and/or violate any right of a third party or any law;
- Post or distribute any vulgar, obscene, discourteous, or indecent or sexually explicit language or images;
- Propagate chain mail (email sent to a number of people asking the recipient to send copies of the email with the same request to numbers of other recipients);
- Use the Forum for commercial purposes of any kind (such as advertising, selling to or soliciting others); this includes sending spam which is unsolicited commercial electronic email(s);
- Post or distribute any software or other materials that contain a virus or other harmful component, and/or
- Post material or make statements that do not generally relate to the designated topic or theme of any chat room or bulletin board.
- When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with who they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable. EL is not responsible for the content or accuracy of any information.
- As a user, you are solely responsible for the content of your messages.
- You authorize EL to do so,
- EL must do so in order to resolve technical problems on the EL site; or
- Required to do so by law or in the good-faith belief that such action is necessary to:
- Comply with relevant regional law or comply with legal process served on EL;
- Protect and defend EL's rights or property; or
- Act in an emergency to protect the safety of EL's users or the public.
- By uploading materials to any Forum or submitting any materials to EL, you automatically grant the right to use, reproduce, modify, translate and display these on the EL site. In addition, you promise that all so-called "moral" or ethical rights in those materials have been waived.
- EL accepts no responsibility for loss of data with files arising from EL's efforts to protect and maintain its information technology facilities. Use of the EL website is at your own risk.
- You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
- You are responsible for all activity accessed on your password. This must be kept secret and not shared with anyone.
- You must notify EL of any unauthorized use of your account.
- EL has established quality assurance processes to ensure that all material it the site is maintained at the highest possible standards of accuracy and currency. However, the material in the EL site is provided "as is" and without guarantees of any kind, either express or implied. To the fullest extent available within applicable law, EL disclaims all guarantees, express or implied, including, but not limited to, implied guarantees of merchantability and fitness for a particular purpose.
- EL does not guarantee that the functions contained in the materials on the EL site will be uninterrupted or error-free, that defects will be corrected, or that the EL site or the servers that make such materials available are free of viruses or other harmful components.
- EL does not guarantee or make any representations regarding the use or the results of the use of the materials on the EL site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied guarantees, so the above exclusion may not apply to you.
- You agree that you are using EL at your own risk. Any material you use or download from the EL site or those of EL's suppliers and or third parties done at your risk, and is entirely at your own discretion. If you suffer damage or loss of data to your computer system, it is your responsibility.
- EL cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the EL site or third party content on EL sites. EL does not endorse any of the merchandise, nor has EL taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. EL does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against EL with respect to such sites and third-party content. EL strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or offline transaction with any of these third parties.
- To the best of EL's knowledge, all lesson content regarding real companies and individuals is precise and not private at the time of writing. All topics and activities are for educational purposes only. There is no relationship between these companies and or individuals and EL.
- EL reserves the right to revise the content of the EL website or withdraw access at any time without notice.
- When you consent to this Agreement, you hereby indemnify, defend, and hold EL and affiliates, partners, suppliers, and employees harmless from and against any and all liabilities and costs (including attorney and court fees,) incurred by the indemnified parties in connection with any claim arising out of any breach by you of this agreement or claims arising from your account.
- You will use your best efforts to cooperate with us in the defence of any claim. EL reserves the right, at EL's own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
6.Limitation of liability
- Under no circumstances, including negligence, will EL be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of, or the inability to use, the EL site or materials or functions on any such site, even if you advised EL of the possibility of such damages.
- Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will EL's total liability to you for all damages, losses, and causes of action, such as in contract, tort, (including, but not limited to, negligence,) exceed the amount paid by you, if any, for accessing the EL site.
7. Jurisdictional Issues
- Unless otherwise specified, the materials in the EL site are presented solely for the purpose of distance learning.
- EL makes no representation that materials on the EL site are appropriate or available for use in any particular location.
- When you choose to access the EL site, you are doing so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
- This Agreement is effective until terminated by either party.
- You may terminate this Agreement at any time by discontinuing use of the EL site.
- Your access to the EL site and any other associated with the EL site may be terminated immediately without notice from EL, if in EL's sole discretion you fail to comply with any term or provision of these terms.
9. General Provisions
- EL services are controlled by EL from EL offices in Nassau, The Bahamas. EL can be accessed from around the world. As each user is from places with laws different to The Bahamas, by using EL, both you and EL agree that the laws of The Bahamas will apply to all matters relating to the use of the EL site and the Software. Further, you and EL agree and submit to the exclusive personal jurisdiction and venue of The Bahamas.
- Any waiver of any provision of this Agreement will be effective only if approved before the effective date for the waiver, confirmed in writing and signed by EL.
- c) A printed version of this Agreement and of any notice given in electronic form in the EL website will be treated under the same conditions as other business documents and or records in the printed form.
- This Agreement will be governed by and construed in accordance with the laws of The Bahamas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms will submit to the exclusive jurisdiction of the Bahamas.
- If any provision of these terms is determined to be unlawful, void, or for any reason unenforceable by a Court, then that provision shall be deemed severable from these terms and will not affect the validity and the ability to reinforce any remaining provisions.
- This is the entire Agreement between us relating to the subject matter herein.
10. How to contact EL
If you have any questions about this Agreement or your responsibilities, please contact EL by sending an email message.