Terms and Conditions
Last Modified: May 4th, 2018
Beihu Chinese Institute Website and Services
This is a legal agreement ("Agreement") between you and Beihu Chinese Institute LLC a Minnesota corporation (the “Company", “we” or “us”) through its "Self-Study Chinese" curriculum, provides services related to mandarin Chinese study (the "Services"). The Services are available exclusively through the Company's website, located at https://www.beihuchinese.com (the "Website"). The Services may change from time to time, or we may stop (permanently or temporarily) providing the Services (or any features therein) to you or to users generally. We reserve the right to create limits on access and use of the Website and the Services in our sole discretion.
By accessing the Website and using any of the Services accessible through the Website, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
This Agreement is subject to change by the Company in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the beginning of this Agreement to determine when the Agreement was last revised.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
You agree not to use the Website or the Services:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or users of the Website or the Services, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Website or the Services, or interfere with any other party's use of the Website or the Services, including their ability to engage in real time activities through the Website.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website of the Services for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website or the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
We reserve the right to access, read, preserve, and disclose any information provided through the Website or in connection with the Services that we reasonably believe is necessary or desirable to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, our users and the public.
If you post information or materials to the Website through the Services, post links through the Services, or otherwise make (or allow any third party to make) any content, information or other materials available by means of the Services (collectively, "Content"), you are entirely responsible for that Content and any harm resulting from that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other medium. By providing or making Content available, you represent and warrant that:
The distribution, display and use of the Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You have permission from the owner of the Content to display, post or make available the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Company or otherwise.
The Company reserves the right to remove any Content that you provide on or through the Website or the Services in its sole discretion, for any or no reason.
By submitting Content for inclusion on the Website or in connection with the Services, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your use of the Services. If you delete Content, the Company will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any other remedies, the Company has the right (though not the obligation) to, in its sole discretion, (a) refuse or remove any Content that, in the Company's reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Services to any individual or entity for any reason, in the Company's sole discretion.
Use of Your Information
If you provide suggestions, ideas, feedback, or recommendations to us regarding the Website or the Services ("Feedback"), we will be free to use, disclose, reproduce, license or otherwise distribute such Feedback as we see fit, without any obligation or restriction of any kind to you.
Communication and Privacy
Fees and Payment
We charge fees for the use of certain features or aspects of the Services, which are described with those features and services. These fees are subject to change at any time.
When purchasing a service, you agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased.
Some Services may start with a free trial. If you have (or someone in your company has) used those Services previously, you may not be eligible to receive a free trial. We will not charge your account during the free trial period. Once the trial period has ended (unless you cancel the Services prior to the end of the free trial period), we will charge your account the subscription fee at the beginning of your subscription and on a recurring basis thereafter until you cancel. You will not receive a notice from us that your trial period has ended. You must cancel your subscription before your billing period renews to avoid the billing of the next period's fees to your account. You will not receive a refund for any partial billing period cancellation.
If you cancel part way through your subscription length, you will retain account access until the end of your subscription. Once your subscription terminates, your account will move to a dormant state, and you will no longer be able to access the data associated with your account. You will not be charged again and no refunds will be given for the remaining paid-up time.
There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append "un-used time" to your account should you wish to reactivate in the future.
Intellectual Property Rights
The Website, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download copies of a reasonable number of pages of the Website or the Services for your own personal or business use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
The Company name, the term Beihu Chinese, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Changes to the Website
We may update the content on the Website or available through the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website or the Services may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Minnesota in the United States. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. We make no claims that the Website, the Services, or any of their content is accessible or appropriate outside of the United States. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID THE COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Entire Agreement and Assignment
Your Comments and Concerns
This website is operated by Beihu Chinese Institute LLC., a Minnesota corporation St. Paul, MN 55128.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.