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Terms of Use

English For New Bostonians

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TERMS AND CONDITIONS OF THE USE OF THIS SITE

 

General

Your use of the English for New Bostonians Website (the “Site”) constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.

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Use License

English For New Bostonians grants you the non-exclusive permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, if you agree to and accept without modification the notices, terms and conditions set forth in this agreement.

As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately cease use of the Site, including any materials that you may have previously printed.

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Copyrights

The Site, and all materials on this Site, including photographs, designs, illustrations, images, and text are the copyrighted property of English for New Bostonians. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products, or services from this Site. For purposes of these Terms and Conditions, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Use License is expressly prohibited.

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Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of English for New Bostonians and others. Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. English for New Bostonians will fully enforce its intellectual property rights to the fullest extent of the law. English for New Bostonians may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. English For New Bostonians prohibits use of any links to the site unless establishment of such a link is approved in advance by English for New Bostonians in writing. Your use of English for New Bostonians’ Trademark requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and should not be used without the permission of the trademark owner.

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Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than English for New Bostonians. Such links are provided for your reference only. English For New Bostonians does not control outside sites and is not responsible for their content. English For New Bostonians’ inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator, or sponsor, nor does inclusion of the links imply that English for New Bostonians is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk

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Feedback

Any comments or feedback you provide to English for New Bostonians regarding the Site is deemed to be non-confidential. This includes suggestions, ideas, comments, or other submissions to English for New Bostonians, whether through the Site or otherwise. English For New Bostonians shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to English for New Bostonians will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

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Disclaimers of Warranties /Limitation of Liability

While English for New Bostonians uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.

English for new Bostonians makes no representations about the accuracy, correctness or completeness of the content or the products or services associated with this site, or the suitability of the content, products, or services on this site for any purpose. All such materials are provided “as is” without warranty of any kind, express or implied. English for new Bostonians specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. English for new Bostonians shall not have any liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site (including your purchase of products or services through this site) or for any damage to your computer or data or any other damage you may incur in connection with this site. Your use of this site is at your own risk.

Your sole remedy for dissatisfaction with this site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.

 

Contacting Us

If you have any questions about this agreement, send us an e-mail at info@englishfornewbostonians.org.  Although English for New Bostonians will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), English For New Bostonians does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.

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Jurisdiction and Governing Laws

You agree that this agreement and your use of this Site are governed by the laws of the State of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. English for New Bostonians has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

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Arbitration

Any claim, dispute or controversy arising out of, relating to, or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, Massachusetts. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

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Miscellaneous

You agree that English for New Bostonians may at any time and without notice change the terms, conditions, and notices under which this Site is offered. English for New Bostonians reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.

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You agree that no joint venture, partnership, employment, or agency relationship exists between you and English for New Bostonians because of this agreement or your use of this Site.

 

English for New Bostonians’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of English for New Bostonians’ right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by English for New Bostonians with respect to such use.

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This agreement and the English for New Bostonians Privacy Policy constitutes the entire agreement between you and English for New Bostonians with respect to this Site. This agreement and the English for New Bostonians Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and English for New Bostonians with respect to this Site. No modification of this agreement shall be effective unless it is authored by English for New Bostonians or its affiliates, or unless it is physically signed by an English for New Bostonians officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by English for New Bostonians in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by English for New Bostonians in printed form.

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