Terms of Service
Welcome to realLINGUA! These
Inc., a Michigan corporation (
you (referred to as
user), as user of the language
platform provided by us (the
Service). Please let us know if you have any questions
about this policy.
A. OUR MISSION AT THE COMPANY
Our mission is to promote world
peace by helping people around the globe communicate more
effectively with one another...one native-language conversation at a time. To that end, we
have put together these terms that we feel best reflect our company values and guiding
principles. The current laws and the nature of our business require that we protect you and
us from liability and clearly lay out the terms of our agreement and relationship. These
would like to use the Service and access the valuable content and community that it
B. PRELIMINARY LEGAL TERMS
- 1. Entire Agreement; Modification. The entire agreement between
(reallingua.com/privacy) and any other terms or policies accompanying our Service
Agreement). This Agreement may be updated and modified by
the Company from time to time. Those modifications are incorporated as part of
this Agreement. You will be notified of significant modifications when you use the
If you do not accept the modifications to the Agreement, your sole remedy is not to use
the Company's Service.
- 2. Age. You must be at least eighteen (18) years of age to enter
into a contract with the Company and use the Service. In no case are persons under the
age of thirteen (13) years old permitted to use the Service.
Signing of Agreement. You
sign and accept this
Agreement by creating a user account.
C. OUR SERVICE; YOUR ACCOUNT
- 4. Our Service; Service Functionality. You must conduct yourself
appropriately and within the bounds of applicable law when using the Service. Use of
the Service is a privilege and not a right. The Company may suspend or deactivate your
account or disable access to the Service at any time as detailed in Sections 6 and 11.
- 5. Your Account.
6. Your Use.
- You must create an account to use any part of the Service. Certain
information is required in order for you to establish an account. This
information includes information stored by the Company: your user-created
username, password, and email; it also includes information stored by our
payment processor (i.e. Stripe): payment method information (last four
digits of credit/debit card, type of card, expiration date, card zip code).
All information obtained or retained by a third party processor resulting
from your use of the Service remains subject to their policies, including
their privacy or similar policies, which you should review before you use
this Service. All of the information you provide to the Company must be
accurate and complete. You agree to keep this information up to date;
failure to do so may result in termination of your account or an inability
to access the Service.
- You promise that:
(i) you will be the only person accessing the Service
through the account you create,
(ii) you will keep your account password secure,
(iii) you will notify the Company of any suspected
breach of security or unauthorized use of your account. You are
responsible for all actions that are performed with, by or under
your account credentials whether done by you or by others. We are
not liable for any damages that result from unauthorized account
access or use.
- If you wish to delete your account, please contact the Company at
- The Service offers specific functionality that may be subject to
regulation under applicable laws, ordinances, rules or regulations
Applicable Laws). Before you create an account, you should
ensure your use of the Service complies with Applicable Laws.
- a. Your account is not transferable or sublicensable to any other party.
You obtain no ownership rights in the Service by creating an account. Instead,
you are given a license to use the Service solely according to the terms of this
Agreement. The license to the Service, and any information regarding your use
of the Service, will be valid so long as you remain in compliance with the terms
of this Agreement. However, we may retain and use the information about your
- b. You are solely responsible for the use of your account, how you use the
Service and your interactions with third parties through your use of the Service.
In the event you use the Service to access other third party applications,
services or websites, you remain subject to the terms of such application,
service or website. As the Company does not control the content, privacy
policies, or practices of any third party applications, services or websites,
we encourage you to read (and you must comply with) such application, service
or website's terms and policies. The Company is not responsible for your use or
misuse of any third party applications, services or websites.
- c. With respect to your use of the Service, you represent, warrant and
- i. You are not using the Service for commercial purposes. Your use
of the Service is solely for your individual purposes and not on behalf
of any third party, including any entity you control or any other
- ii. Your use of the Service is not intended to, and may not result in,
any unlawful activities. Your use of the Service is itself not an unlawful
activity or a solicitation to engage in any unlawful activity under any
- iii. In connection with your use of the Service, you will not take
any action that will or may result in the transmission of any malicious
or unsolicited software or any malicious or inappropriate content.
Inappropriate content is judged on its merits by the Company, in its sole
- iv. You agree to comply with all Applicable Laws when engaging in any
activity in connection with your use of the Service.
If you take any of the above actions or breach any of the above
restrictions in contravention of any representation, warranty or
covenant you made, we can immediately terminate or suspend your use
of the Service in our sole discretion.
- 7. License to Use Service.
- a. The Company and its affiliates may use the information gathered
in connection with your use of the Service as set forth in the Company's
Company a license to display, distribute, store, transmit, reproduce,
modify and otherwise use and reuse all or part of the data we gather in
connection with your use of the Service. The license is non-exclusive,
fully-paid, perpetual, royalty-free, worldwide, transferable and for all
formats, platforms, devices, modes of transmission, methods of delivery,
and media now known or later developed.
- b. You may terminate the license you have granted to the Company by
removing or deleting (or writing to the Company to remove or delete)
information provided in connection with your use of the Service. We, or
our third party service providers, may retain such information until such
time as the information is overwritten or deleted.
- c. Unless expressly authorized by us in writing, you are not granted
permission to copy, frame, embed, or otherwise disseminate aggregated or
specific content that the Company provides to you. Your use of the Service
must be in conformity with the restrictions in Sections 6 and 9 above.
- 8. Company Intellectual Property. The Company and/or its
licensors retain ownership of all intellectual property rights relating to the
Company, the Service, the Company's trademarks and copyrights, and any
software, data, text, images, graphics, logos, user interface, and videos displayed
through the Service. You are authorized to use such materials only as expressly
authorized within this Agreement. Nothing in this Agreement transfers ownership of
D. OPERATION OF THE SERVICE
- 9. Integrity of the Service. You agree not to take any action
to harm the Company or the Service or interfere with its operation, or access or copy
its underlying technology. You agree not to:
- (i) use any automated system (crawlers, robots, bots,
spiders, extractors, etc.) to harm the Service;
- (ii) circumvent, disable or otherwise interfere with
security-related features or digital rights management
functions of the Service; or
- (iii) hack, reverse engineer, or disable any technology
at or functionality of the Service.
- 10. Network Integrity. Our network is designed to meet the
anticipated needs of our customers, users, and our needs. If we determine that
your use of the Service impairs the stability of our equipment, technology or
network, we may suspend your use of the network, or terminate our relationship
E. TERM; TERMINATION; PAYMENT
- 11. Term; Termination; Fees.
- a. Term. We are not bound to perform Service until we
receive payment from you when you checkout through our
website and purchase access to the Service from your
Effective Date). We will provide
access to the Service on the Effective Date and continue
until the date specified on the checkout page when you
purchase the Service (
). If the page
describing the Service does not contain an Initial Term,
the Initial Term shall be one month.
- b. AUTOMATIC RENEWAL. The Initial
Term will AUTOMATICALLY RENEW for successive
periods of equal duration (each a
If you wish to discontinue the Service, you need to notify
us before automatic renewal for a Renewal Term. You can
notify us of your intent to terminate and not renew for
a Renewal Term by contacting us before the beginning of
a Renewal Term at support@realLINGUA.com as set forth
- i. If your subscription is a monthly
subscription, at least five (5) before the
beginning of a Renewal Term;
- ii. If your subscription is a quarterly
subscription, at least twenty-five (25)
before the beginning of a Renewal Term; and
- iii. If your subscription is a yearly
subscription, at least thirty (30) before
the beginning of a Renewal Term.
- c. Termination by Company.
- i. For Convenience. In the exercise of its
discretion, the Company may suspend or terminate
an account, remove or limit access to the Service
or limit functionality to which you have access.
The Company may take such actions with or without
prior notice to you and without liability to you.
- ii. For Breach. We reserve the right to
immediately suspend or cancel the Service:
- (a) for a violation of these
- (b) your failure to pay any
- (c) to prevent a service
interruption by an Internet Service
Provider or other network service
- (d) to protect the integrity of
our network or the security of the
Service. You are not entitled to
notice or protest should we exercise
these rights. If we suspend or terminate
your use of our Service because you have
policies, we will not provide you with
a credit against any amounts paid by you.
- d. Termination by You.
- i. For Convenience. In the exercise of your discretion,
you may terminate your account, cease using the Service,
stop accessing any content available within the Service
or delete your account. You may take such actions with
or without prior notice to the Company. Further, if you
notify the Company of your termination of your account
the Company shall take reasonable steps to block access
your access to the Service. IF YOU TERMINATE FOR CONVENIENCE,
YOU WILL BE RESPONSIBLE FOR ALL CHARGES FOR THE DURATION OF
THE THEN ACTIVE INITIAL OR RENEWAL TERM.
- ii. Charges. If you purchased access to the Service
for a set term, please contact us at support@realLINGUA.com
prior to canceling to determine what your charges will be
in connection with such termination.
- iii. For Breach. You may terminate the Service upon
the occurrence of a material breach by us that has not been
cured within ten (10) days of our receipt of written notice
of the breach. Notice of a material breach must contain
sufficient detail for us to identify the breach and attempt
to take corrective action.
- iv. Authority. Regardless of the method of termination
by you, valid proof of account ownership and authorization
to cancel are required to terminate an account.
- 12. Payment Methods. We accept payment via Stripe and the payment
methods they accept may be used to pay for your subscription to the Service. By
us with your account payment information, you give us consent to charge you when your
account is setup for renewal of the Service.
F. NO WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION
- 13. NO WARRANTY.
- a. THE SERVICE IS PROVIDED FOR
AS IS, WITH NO WARRANTIES
WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- b. You alone are responsible for the decisions, consequences
and other actions resulting from your use of the Service.
- 14. Limitation of Liability for Damages.
- a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE
THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT,
NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- b. As used in this section,
Company includes the Company,
its officers, directors, employees, contractors, agents, members,
parent, subsidiaries, related business entities, successors, assigns,
- c. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF THE COMPANY,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS,
AND CLIENTS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
- d. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- 15. Indemnification; Cooperation.
- a. You acknowledge that your account with the Company and your use of the
Service is based upon the statements, representations, warranties and covenants
made by you in this Agreement. By agreeing to be bound this Agreement, you
indemnify, hold harmless, and agree to defend the Company against all damages,
losses, judgments, penalties, expenses, costs, and fees (including reasonable
attorneys' fees) incurred by, or awarded or assessed against the Company
in connection with any third party (including domestic or foreign governments
or agencies) assertion inconsistent with the statements, representations,
warranties or covenants. This obligation extends to the Company, its officers,
directors, employees, contractors, agents, members, parent, subsidiaries, related
business entities, successors and assigns. These obligations survive termination
of this Agreement.
- b. In addition to the obligation of indemnification, above, you agree to use
your best efforts to assist the Company in the investigation and resolution of any
third party claim or assertion inconsistent with your representations and
You agree to provide such assistance promptly upon receipt of notice from the
of such claim or assertion and at no charge.
- c. The terms of Sections 8 and 13 to 15 shall survive termination of this
G. GENERAL LEGAL TERMS
- 16. The Service is Delivered from Ypsilanti, Michigan. This Agreement
executed (signed) and performed in Ypsilanti, Michigan. You agree that the Service is
based in and
delivered from Ypsilanti, Michigan, USA. The Service shall be deemed a passive service
not give rise to personal jurisdiction over the Company, either specific or general, in
other than Ypsilanti, Michigan. This Agreement shall be governed by the internal
substantive laws of
the State of Michigan, without respect to its conflict of laws principles. Any claim or
between you and the Company that arises in whole or in part from use of the Service
shall be decided
exclusively by a court of competent jurisdiction located in Washtenaw County, Michigan.
- 17. Force Majeure. Except for the obligation to pay monies due and
neither party shall be liable for any delay or failure in performance due to events
outside the party's
reasonable control, including third party service failures, distributed denial of
service (DDoS) attacks,
acts of God, bandwidth interruptions, general network outages, earthquake, labor
disputes, shortages of
supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and
rights of the
excused party shall be extended on a day to day basis for the time period equal to the
period of the
excusable delay. The party affected by an excusable delay shall notify the other party
as soon as
possible, but in no event less than ten (10) days from the beginning of the event.
- 18. No Implied Waiver. No waiver by the Company shall be implied. Any
of any term of this Agreement must be in writing and signed by an officer of the
- 19. Severability. If any portion of this Agreement is found to be
such portion will be modified to reflect the parties' intention and only to the
extent necessary to
make it enforceable. The remaining provisions of this Agreement will remain in full
force and effect.
- 20. Statute of Limitations. Any litigation or other dispute resolution
out of or related to this Agreement must be commenced within one (1) year after the date
of the event
giving rise to the claim. Otherwise, such causes of actions are permanently barred.
- 21. International Considerations. The Company makes no representations
the Service, or any content available within the Service, is appropriate or available
for use in
locations other than the United States. Those who access or use the Service from outside
do so at their own volition and are responsible for compliance with applicable laws.
- 22. Assignment. The Company may assign, subcontract, delegate, and
rights and obligations under this Agreement to a third party. You may not assign or
transfer your account.
- 23. Notices. The Service is offered by realLINGUA, Inc., with offices
Ypsilanti, Michigan and email: support@realLINGUA.com. The Company may provide you with
class mail, or
postings on our website. Notice is deemed given upon the earlier of
- (i) actual receipt,
- (ii) twenty-four (24) hours after an email is sent,
- (iii) three (3) days after first class mail is deposited with the U.S.
Postal Service, or
- (iv) thirty (30) days after a notice is posted to our website.
- 24. Entire Agreement. This Agreement is the entire agreement between
you and the Company relating to the stated subject matter. It can be modified by the
in a writing signed by both parties, or by a change to these terms as expressly set
- 25. Choice of Law, Jurisdiction, and Venue. The validity,
and performance under this Agreement shall be controlled by and construed under the laws
State of Michigan, United States of America, as if performed wholly within the state and
giving effect to the principles of conflicts of law. You agree that jurisdiction and
are exclusive in the Washtenaw County Circuit Court in Washtenaw County or the U.S.
Court for the Eastern District of Michigan. The parties specifically disclaim the UN
on Contracts for the International Sale of Goods.
- 26. Nature of Agreement. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this
This Agreement does not create any right that may be enforced by a third party.
- 27. California Users and Residents. By the terms of California Civil
Code Section 1789.3, any and all comments, questions or concerns can be addressed and
us via certified mail to: Agent of the Company, 215 W. Michigan Ave., Ypsilanti, MI
realLINGUA. California users are also entitled to the following specific consumer rights
The Complaint Assistance Unit of the Division of Consumer Services of the California
Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA.