BRINTON GLOBAL, LLC
LIVE VIRTUAL LESSON SERVICE AGREEMENT

Read this Live Virtual Lesson Service Agreement (this “Agreement”) carefully. This Agreement provides important information about the live virtual class services you are purchasing. This Agreement also imposes obligations upon you.

This Agreement is made between Brinton Global, LLC, a New York limited liability company, and you.

1. 1. Scope of this Agreement. This Agreement governs your use of Brinton Global's live virtual lesson service (the “LVL Service”), regardless of the technology you use to access the LVL Service. As used in this Agreement, a “live virtual lesson” means an instructor-led lesson delivered via the Internet, including all resources identified in the course description for each event and any supplementary activities (e.g., remote practice). The LVL Service may be delivered by Brinton Global or any of its approved agents or partners (each, a “Lesson Provider”). The Language Tailor website is owned and operated by Brinton Global, LLC.
2. 2. Violation of the Terms of this Agreement. Any action that contravenes this Agreement constitutes cause for withdrawal of all privileges and denial of access to the LVL Service by Brinton Global, without liability. Brinton Global reserves the right to take further action to limit its liability or to seek compensation for damages caused by any misuse of the LVL Service or breach of this Agreement.
3. 3. General.
4. In connection with your purchase of the LVL Service, you are agreeing to the terms identified in this Agreement, as well as Brinton Global’s Terms and Conditions of Use and Privacy Policy. Use of the LVL Service shall be deemed use of the “Site” pursuant to the Terms and Conditions of Use.
5. You will be entitled to participate in such number and type of lessons you purchase, subject to this Agreement and Brinton Global’s lesson schedule. Brinton Global may make changes to its lesson schedule from time to time.
6. If permitted by Brinton Global, you may purchase multiple lessons, and then schedule lessons over time. Unless Brinton Global offers you a longer period, lessons purchased must be scheduled and used within 12 months of the date of purchase. Any remaining unused lessons at the expiration of such period will be invalid and forfeited.
7. When you purchase the LVL Service you will receive an email to confirm successful completion of the purchase transaction and to schedule your lesson(s) (the “Confirmation”).
8. You agree to schedule all lessons with your Lesson Provider through website(s) designated by Brinton Global. Your failure to adhere to Brinton Global’s proscribed scheduling procedures will be deemed a breach of this Agreement.
9. If you purchase the LVL Service, you will be directed to use one or more publicly available desktop client(s) from Brinton Global partner(s) to gain access to an online location through which the LVL Service will be made available. You acknowledge that the performance of the LVL Service may be degraded by a number of factors over which Brinton Global has no direct control, such as Internet performance, internal network performance, desktop configuration and/or browser configuration.
10. A configuration guide to assist with an optimal configuration of the client desktop for participation in the LVL Service will be made available to you. You should ensure that you read and apply the recommendations in the configuration guide prior to accessing the LVL Service.
11. You acknowledge and agree that your use of any software proposed by Brinton Global, whether available from Brinton Global or a third party, is subject to the terms and conditions defined for use of that software by its vendor.
12. Brinton Global reserves the right to make changes to the LVL Service, the related websites and/or this Agreement at any time. We will notify you of a change to this Agreement by posting a notice on our website. Your use of the LVL Service after a change of notice is posted to our website means that you agree to and accept the Agreement as amended. If you do not agree to the amended Agreement, you must immediately stop using the LVL Service.
13. 4. Lesson Providers. As stated, the LVL Service may be delivered by Brinton Global or another Lesson Provider. The location of the Lesson Provider may be inside or outside of the United States. Information about the Lesson Provider may be contained in information pages of the lesson content furnished to you, or communicated to you verbally in the course of a lesson. Lesson Providers may be substituted from time to time without prior notice to you.
14. 5. Use of the LVL Service in Accordance with Agreement and Policies. While using the LVL Service, you may not conduct any activity that contravenes this Agreement, applicable policies or any agreements that apply to websites, equipment or software used in connection with the LVL Service (including without limitation Brinton Global’s Terms and Conditions of Use and Privacy Policy). Any student materials downloaded before or while attending a lesson are for your sole use and may not be transferred to a third party before, during or after the lesson.
15. 6. Fees and Charges.
16. General. The LVL Service is provided in accordance with fees applicable to each lesson as defined by Brinton Global on its website or in hardcopy documents. All fees must be paid in advance through means designated by Brinton Global (e.g., PayPal). As LVL Service prices are subject to ongoing changes, Brinton Global will endeavor to maintain the most current prices on its website. Where a difference in price exists between the website and hardcopy prices for a LVL Service, the website price will be deemed correct.
17. Introductory Class. Brinton Global encourages use of the LVL Service through an introductory class which may be offered for free or at a discounted rate relative to the offered retail rate. The introductory class is only available to first-time customers of the LVL Service and cannot be combined with any other offer, used by existing customers or used by old customers who have used the LVL Service in the past. Only one introductory class may be redeemed per student. Brinton Global reserves the right to charge a penalty if an existing customer or old customer takes an introductory class. Even you are not charged for your introductory class, you will be bound by all of the terms and conditions of this Agreement.
18. 7. Lesson Schedule Changes; Cancellations; Refund of Fees.
19. Change or Cancellation by Student. You may cancel or request changes to the LVL Service in compliance with the terms of your Confirmation and this Agreement. You may cancel or request a change of date or time of a scheduled lesson provided that you do so at least 24 hours prior to the scheduled lesson; failure to do so will result in your being charged for the scheduled lesson. Your failure to attend a scheduled lesson at the allotted time, or within 15 minutes of the allotted time, will result in your being charged for the scheduled lesson. Additional fees and conditions may apply as outlined in your Confirmation. If you desire to cancel the LVL Service at any time, you must send an email to info@languagetailor.com that includes “Canceling Service” in the subject line and your Brinton Global student ID in the body of the email (a “Student Cancellation Notice”). Your eligibility for a refund, if any, will be determined pursuant to Section 7(d) below.
20. Change or Cancellation by Brinton Global. Situations may occur where your Lesson Provider may have to alter or cancel a LVL Service lesson after enrollments have been accepted. Your Lesson Provider may cancel or request a change of date or time of a scheduled lesson provided that the Lesson Provider does so prior to the scheduled session; your only remedy in such a situation is to reschedule the lesson. Further, if your Lesson Provider fails to attend a scheduled lesson at the allotted time, your only remedy will be to have the lesson rescheduled.
21. Termination of Student by Brinton Global. Brinton Global reserves the right in its sole discretion to terminate the LVL Service and/or any lesson in the event of any conduct by you that violates the terms of this Agreement, any related Brinton Global policy or any other related agreement or policy which supports the LVL Service.
22. Refunds.

(i) Except as otherwise expressly provided in this Section 7(d) and Section 16, you are not entitled to a refund of any fees paid for any reason.

(ii) You may cancel the LVL Service at any time. If you cancel the service, you will be charged for all lessons initiated, whether or not completed (calculated by multiplying the number of lessons initiated by Brinton Global’s standard list price for one individual lesson), and Brinton Global will refund the balance, if any, of the fees you paid for the LVL Service.

(iii) If Brinton Global terminates the LVL Service and/or any lesson pursuant to Section 7(c), unless Brinton Global determines otherwise in its sole discretion, you will not be entitled to any refund and, as stated in Section 2, Brinton Global reserves the right to take further action to limit its liability or to seek compensation for damages.

1. 8. Availability of the LVL Service; Customer Service. The LVL Service may only be accessed from locations within the United States. The LVL Service is only available for use through authorized Brinton Global channels once the conditions exist to participate in the LVL Service using available approved technology and once the scheduling on lesson(s) permits participation. Due to the nature of the LVL Service, Brinton Global reserves the right to deem the LVL Service as “not available” if any required conditions cannot be met. In the event of severe technical issues under the control of Brinton Global that make providing instruction during a scheduled lesson impossible, Brinton Global or a Lesson Provider may determine to reschedule the lesson for a later date. Support for the LVL Services is available Monday through Friday, 9am to 5pm Eastern Standard Time, in English only. Access to support is made available solely through email at info@languagetailor.com or by telephone at 888-216-6033.
2. 9. Minimum System Requirements. It is your responsibility to ensure that your computer systems (including IP and desktop configurations) meet the minimum system requirements to support an optimal learning experience. These requirements are defined in the configuration guide made available to you. From time to time, the minimum systems requirements may change and your computer systems may cease to be adequate for participation in the LVL Service. Unless hardware and/or software is upgraded or replaced to meet minimum recommendations, your sole resolution will be to cancel the LVL Service in accordance with the terms of this Agreement.
3. 10. Software, Documentation and Resources Provided with the LVL Service. Any software, documentation or other resources provided to you for participation in the service will remain the property of Brinton Global and/or its approved partners in the LVL Service, as applicable. You shall take appropriate steps to protect these against loss, theft or misuse or damage. Your use of any resources provided to you will be governed by the associated terms of service, terms of use, license agreement or similar agreement. It is your responsibility to review and comply with the terms, licenses and agreements for any resource made available to you.
4. 11. Security and Privacy.
5. Software Security Programs. Various online hazards such as viruses, online attacks and key-loggers that seek to intercept sensitive information that you provide through the Internet, denial of service attacks, and unauthorized access to systems (hacking), are an ongoing risk. To reduce the possibility of harm from these events, you should ensure that any computer you use to access the LVL Service is equipped with up-to-date antivirus software and a firewall.
6. Signing On. You must sign on to the service only using the authorized access information provided to you by Brinton Global. You are forbidden from providing this authorized access information to any other person. It is your responsibility to protect this information. If in the course of a lesson you become aware of the access information of another participant, you are forbidden from using that information to gain access for yourself or any other person. Any misuse of such information contravenes the terms of this Agreement and constitutes unlawful activity.
7. Signing Off. To prevent unauthorized access to the LVL Service and/or your account, you must sign off from the LVL Service and close your browser as soon as you end your session. Clearing the browser cache before leaving the computer is an additional recommended precaution.
8. 12. No Reuse or Resale of the LVL Service. No reuse or resale of the LVL Service is permitted under any circumstances.
9. 13. Information Shared through the LVL Service. Sharing of information is an integral part of the LVL Service. Information shared between instructors and students and among students should be for the express purpose of learning related to the topic of the lesson and other such reasonable information such as hints and tips among participants to assist with desktop configuration, browser configuration and to conduct practice. Brinton Global and/or your Lesson Provider may monitor and/or record the LVL Service electronically or otherwise for compliance with such conditions, this Agreement and applicable laws, to gather information required for quality control, contractual or regulatory purposes and for republishing to other students in the case of group lessons. All information shared is of course subject to, among other things, the “User Conduct” provisions of the Terms and Conditions of Use.
10. Proprietary and Confidential, False, and Misleading Information. No proprietary and confidential information should be shared by students through the LVL Service. No information that is knowingly false should be shared through the LVL Service or submitted to Brinton Global or any Lesson Provider. No information that seeks to promote conduct that may be deemed criminal activity should be shared through the LVL Service. Neither Brinton Global nor your Lesson Provider assumes liability for such information that is inappropriately shared through the LVL Service.
11. Personal Messages. Information that you send through the LVL Service may be intercepted and subject to viewing by a third party as it traverses the Internet. Neither Brinton Global nor your Lesson Provider assumes any obligation to monitor the LVL Service for such interceptions and unauthorized review, and assumes no liability for any damages resulting from any such misuse of your information.
12. 14. Approved Content. The lesson instructions, student guides, and other instructional material (collectively, “Content”) that is authorized for use through the LVL Service constitutes acceptable content for the LVL Service. In the course of a lesson, an instructor may allow students to control Content presented to the instructor and, if applicable, other students. Introduction of unauthorized content contravenes the terms of this LVL Service Agreement and will lead to action by Brinton Global.
13. 15. No Warranty. The LVL Service, including changing components like LESSON INSTRUCTIONS, STUDENT GUIDES, AND OTHER INSTRUCTIONAL MATERIAL, is provided “as is” without any guarantees, particularly in regards to the ability to achieve an expected learning outcome. The entire risk as to the quality and outcome of the LVL Service is with you. Neither Brinton Global nor your Lesson Provider warrants uninterrupted availability of the LVL Service, even for lessons that are in progress. Neither Brinton Global nor your Lesson Provider warrants that any information sent by you, or to you, will not be cached at intermediate locations, or be fully secure from interception, or remain uncorrupted during transmission, or that other users may not gain access to such information through illegal means. Information that passes through the Internet is subject to certain risks, including those identified in Sections 11 and 13. Neither Brinton Global nor your Lesson Provider assumes any liability for these risks or for damages that result from them.
14. 16. Limitation of Liability. In the event Brinton Global or your Lesson Provider is in breach of any fundamental term of this Agreement, or is in any way negligent, your sole remedy shall be to receive compensation for damages related to the event, equal to the maximum fees paid by you to Brinton Global for the lesson to which the breach or negligence applies. Other than the foregoing remedy, your Lesson Provider will not be liable for damages related to:
15. any direct, indirect or special loss including time off, lost wages, lost business opportunity, loss of Internet access or misuse of information gained through the LVL Service;
16. any inability to apply the newly acquired learning or any inability to perform to an expected skill level leading to possible job loss or change or other consequence;
17. any losses or expenses arising out of actions (allegation, claim, suit) against you or a third party for infringement of intellectual property rights or misuse of information under any associated agreement, license or terms of use applicable to the LVL Service;
18. any act of omission by a carrier or provider whose facilities are used to establish connection to, and make use of the LVL Service; and/or
19. defamation or copyright infringement arising from material transmitted via the LVL Service without knowledge and consent of Brinton Global.
20. 17. User Information. You acknowledge that Brinton Global and your Lesson Provider may retain and use your information and comments provided on feedback questionnaires and the like related to the LVL Service to make improvements to the LVL Service, and to analyze its learning customers, without your consent. Brinton Global and your Lesson Provider will maintain a confidential record of your personal information in which your lesson history will be recorded for ongoing and future use. All information collected about you may be stored in databases outside your country of residence unless prohibited by country laws that restrict movement of such information outside the country borders.
21. 18. Miscellaneous. Except to the extent the issue arising under this Agreement is governed by United States federal law, this Agreement shall be construed, interpreted and governed by the laws of the State of New York without regard to its conflict of law principles. The exclusive forum for any disputes arising out of or relating to this Agreement shall be any federal or state court sitting in the State of New York, USA. Your use of the LVL Service shall comply with all applicable laws and regulations. This Agreement, together with the agreements, terms and policies referenced herein, shall constitute the entire agreement between you and Brinton Global concerning the subject matter hereof. This Agreement and the rights granted hereunder shall not be assigned by you without the prior written consent of Brinton Global. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both you and Brinton Global. The captions and headings used in this Agreement are used for convenience only and are not to be given any legal effect. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified with retroactive effect to render such provision valid and enforceable to the maximum extent permissible so as to effect the intent of the parties hereto, and the remainder of this Agreement shall continue in full force and effect.

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I acknowledge that participation in the Live Virtual Lesson Service is subject to the terms of this Agreement. I have read and understood this Agreement and agree to be bound by it.