Terms of Use

This Website is owned and operated by Better Chinese LLC, a California limited liability company (“Better Chinese” or “We” or “Us”).  The following terms and conditions  govern all use by you of (a) this website and domain (collectively the "Website"), and (b) any and all services available on or through the Website, including any software, materials, content, data, text, images, video, or audio files made available through the Website and applications (collectively, the "Services").  By accessing and/or using the Website or Services (or by registering a User Account), you acknowledge and agree that you have read and will comply with and be legally bound by, the Terms as amended from time to time ("Terms"), whether or not you become a registered user of the Website.   These Terms govern your access to and use of the Website, Services, and constitute a binding legal agreement between you and Better Chinese.  If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website or Services 

You agree to receive all communications from Better Chinese electronically via email and to maintain a current email address on the Website at all times. You agree that you will be deemed to have received any notice that Better Chinese sends to the email address that you provide.  We recommend that you check your spam folder from time to time to verify that Better Chinese’s emails were not misdirected.  We are not responsible for any emails you do not receive as a result of any misdirection by your email provider. 

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PERMITTING YOUR CHILD TO USE THIS WEBSITE.

 

Registration of Account; Passwords.

A Better Chinese account and account profile page for your use of the Website and Services will be created upon registration based upon the personal information you provide to us. If you do not register your User Account you will not be able to access or use certain portions of the Services that may require a User Account.

You may not have more than one (1) active Better Chinese Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Better Chinese reserves the right to suspend or terminate your account and your access to the Website, and Services for any reason, including, without limitation, if you create more than one (1) Better Chinese account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your Better Chinese account, whether or not you have authorized such activities or actions. You will immediately notify Better Chinese of any unauthorized use of your Better Chinese account.  Better Chinese is not liable for any loss, damage or other liability arising from any unauthorized access to or use of your account, including any “hacking” into your account or data breach. In the event of any dispute between two or more parties as to account ownership, you agree that Better Chinese shall be the sole arbiter of such dispute in its sole discretion and that Better Chinese's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

 

User Conduct; Permitted Use of the Services

As a condition of your use of these services, you expressly agree that you and/or you child will not use the Website or other Services provided by Better Chinese for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur when using this Website, including the content of your transmissions through the Services.

The Services made available to you are intended for entertainment and educational purposes and for the personal non-commercial use and enjoyment of families, parents, and children.  You agree to use the Website only for such purposes.  Any unauthorized commercial use of the Website, Better Chinese's servers or Internet infrastructure, the Services (including any use of software applications and videos), or the resale of its related services, is expressly prohibited.   

            You are restricted from any commercial use of our Services, including our online learning system, software applications and videos made available to you by Better Chinese.  For clarification, the following types of “commercial use” of our Services are expressly prohibited unless we have provided you with our prior written permission:

1.      The use of our Services for private tutoring or training;

2.      The use of our Services by a school, any educational institution, or after-school program; or

3.      The use of our Services for providing language instruction, support, or training for a fee.

In addition, you may not without Better Chinese's prior written consent, reproduce, sell, distribute, modify, display derivative works based on, repost or otherwise use the content of this Website. Nothing contained herein shall be construed as transferring or assigning any license or right under any copyright or other intellectual property right.

Better Chinese reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.

Disclaimers/Limitation of Liability

Your use of this Website and related Services is at your risk. Neither Better Chinese nor any other party involved in creating, producing, or delivering the Website is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Website or related services. The material contained in this Website may contain inaccuracies and errors. Better Chinese does not warrant nor guarantee that: (a) the functional aspects of the Services will be uninterrupted or error-free, or (b) that this Website or any Services provided are free of viruses or other harmful components, or (c) the results that may be obtained from the use of the Services will be correct or reliable, (d) the Services themselves (or any part thereof) will meet your expectations, or (e) any errors in the Services will be corrected. You assume all risk of loss from the use of the Services.

 

Our furnishing of the Website and Services is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any such exclusions.

Better Chinese also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Website (or the Services) or your downloading of any materials, software, applications, data, text, images, video, or audio from this Website.  You also agree that Better Chinese will not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE USE OF THE SERVICES (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. BETTER CHINESE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF FIFTEN U.S. DOLLARS ($15) UNLESS CAUSED BY OUR WILLFUL MISCONDUCT.  THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT BETTER CHINESE WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE SERVICES AVAILABLE TO YOU WITHOUT THESE LIMITATIONS ON LIABILITY.

 

Website Content Owned By Better Chinese

            A.        All trademarks, service marks, logos, trade names and any other proprietary designations of Better Chinese used herein are trademarks or registered trademarks of Better Chinese. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.  In addition, all materials, data, software, text, designs, messages, files, links, videos, images and all other content (collectively, the "Content"), contained in or delivered via the Services or otherwise made available in the Website (collectively, "Website Content") are the property of Better Chinese and/or its affiliates or licensors, and are protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

Nothing contained on this Website should be construed as granting any license or right to use any Website Content without the written permission of Better Chinese. Any unauthorized use of such Website Content may violate copyright laws, trademark laws, as well as other local and foreign laws. 

            B.        The Website may contain links to third-party websites or resources. You acknowledge and agree that Better Chinese is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Better Chinese of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

Termination

If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website. Subject to terms and conditions, and upon appropriate notice, a refund of some or all pre-payment for services may be made by Better Chinese.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Website, and/or Services, and (b) deactivate or cancel your Better Chinese account.  All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive its termination (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

This agreement is effective until terminated by either party. You may ask us to end your membership at any time by emailing [usa@BetterChinese.com.] (You will be required to provide your member name and password.) This agreement will terminate immediately without notice from Better Chinese if you fail to comply with any term or provision of this agreement.

 

Modification of Terms

Better Chinese may at any time revise these Terms by updating and publishing its terms on the Website. You are bound by any such revisions and you should therefore review this page periodically to ensure your understanding of the terms and conditions of your use.

 

Privacy Policy.

All information provided by you or collected by Better Chinese in connection with the Website or Services is governed by its Privacy Policy, which may be viewed at http://www.betterchinese.com/Privacy-Policy.html.  Better Chinese may use information it receives or collects regarding its users in accordance with the terms of its Privacy Policy.  

 

General

1. Governing Law. These terms and conditions will be governed by and be construed in accordance with the laws of the United States of America and the State of California without regard to its conflicts of law provisions. If you use this Website from other locations you are responsible for compliance with local laws and regulations. Better Chinese products are available in many parts of the world; however, this Website may describe products that are not available in your jurisdiction.

2.  Jurisdiction.  You and Better Chinese both agree to submit to the personal jurisdiction of a state court located in San Mateo County, California or a United States District Court, Northern District of California located in San Mateo County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

 3. Dispute Resolution; ArbitrationYou and Better Chinese agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Better Chinese are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Better Chinese otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

                        (i) Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

                        (ii) Notwithstanding the provisions of the “Modification” section above, if Better Chinese changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to usa@betterchinese.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Better Chinese’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Better Chinese in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 

4.  Entire Agreement.  This agreement constitutes the entire agreement between you and Better Chinese with respect to this Website and related Services and supersedes all prior or contemporaneous terms or conditions, oral or written, between you and Better Chinese. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5.  Statute of Limitations.  Any cause of action arising out of or related to this Website or its Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

6. Export Controls.  The Services are subject to United States export controls.  Therefore, you will comply with all applicable laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.  No part of the Services may be exported to any country to which the U.S. has embargoed goods and/or services of the same type as the Services, or to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List.  By using the Services, you represent and warrant that you are not located in, and you are not a national or resident of, any such embargoed country, and that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

7.  Waiver; Severability.  The failure of Better Chinese to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Better Chinese. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

8.  Indemnification.  You agree to release, defend, indemnify, and hold Better Chinese and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services; (b)  your violation of these Terms; and (c)  your violation of any local ordinance, state or federal law or regulation.

9.  Force Majeure.   Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.