Fast Track English Terms of Service

1. Your relationship with Fast Track English
1.1 Your use of the Fast Track English web site is subject to the terms of a legal agreement between you and Fast Track English, whose principal place of business is at 100 Riverview Center, Middletown, CT, United States.

2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms; or
(B) by actually using the Services. In this case, you understand and agree that Fast Track English will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Language of the Terms
3.1 Where Fast Track English may have provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Fast Track English. 3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Fast Track English 4.1 You acknowledge and agree that if Fast Track English disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Fast Track English will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fast Track English. You also agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.4 Unless you have been specifically permitted to do so in a separate agreement with Fast Track English, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.5 You agree that you are solely responsible for (and that Fast Track English has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Fast Track English may suffer) of any such breach.

6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Fast Track English for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Fast Track English immediately.

7. Content in the Services
7.1 Fast Track English’s purpose is purely educational. As such, Fast Track English reserves the right to pre-screeen, review, flag, filter, modify, refuse, or remove any and all content placed by users that includes spam, profanity, pornography, negative political comments, or other content that is deemed unacceptable by Fast Track English.
7.2 Posts made by Fast Track English users represent the user’s opinion and do not represent the views of Fast Track English.
7.3 Users who post proprietary information from other sites are responsible for doing so. Fast Track Enlgish assumes no responsibility for such actions.
7.4 Users must abide by their local laws.
7.5 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights.You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Fast Track English in a separate agreement.

8. Proprietary rights
8.1 You acknowledge and agree that Fast Track English owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with Fast Track English, nothing in the Terms gives you a right to use any of Fast Track English’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9. Content licence from you
9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Fast Track English a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
9.2 You understand that Fast Track English, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content. You agree that this licence shall permit Fast Track English to take these actions.

10. Ending your relationship with Fast Track English
10.1 If you want to terminate your legal agreement with Fast Track English, you may do so by (a) notifying Fast Track English at any time and (b) closing your account for the Services which you use.
10.2 Fast Track English may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Fast Track English is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) Fast Track English is no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(D) the provision of the Services to you by Fast Track English is, in Fast Track English’s opinion, no longer possible or viable.

11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FAST TRACK ENGLISH ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12. LIMITATION OF LIABILITY
12.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAST TRACK ENGLISH SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHO APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH FAST TRACK ENGLISH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE FAST TRACK ENGLISH WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
12..2 THE LIMITATIONS ON FAST TRACK ENGLISH’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT FAST TRACK ENGLISH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Copyright and trade mark policies
13.1 It is Fast Track English’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

14. Other content
14.1 The Services may include hyperlinks to other web sites or content or resources. Fast Track English has no control over any web sites or resources which are provided by companies or persons other than Fast Track English.
14.2 You acknowledge and agree that Fast Track English is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that Fast Track English is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Changes to the Terms
15.1 Fast Track English may make changes to the Fast Track English Terms of Service.
15.2 You understand and agree that if you use the Services after the date on which the Terms of Service have changed, Fast Track English will treat your use as acceptance of the updated Terms.

16. General legal terms
16.1 The Terms of Service constitute the whole legal agreement between you and Fast Track English and govern your use of the Services.
16.2 You agree that if Fast Track English does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of Fast Track English’s rights and that those rights or remedies will still be available to Fast Track English.
16.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.4 The Terms, and your relationship with Fast Track English under the Terms, shall be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You and Fast Track English agree to submit to the exclusive jurisdiction of the courts located within the county of Middlesex, Connecticut to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Fast Track English shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

April 24, 2009