Language School Management Software with Online Scheduling

IMPORTANT - BY VISITING THIS WEBSITE OR APPLYING FOR MISTERENGLISH SERVICES YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE, PLEASE DO NOT APPLY.

1 ACCEPTANCE OF TERMS
Welcome to MisterEnglish. MisterEnglish provides its service to you and your students, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. When using particular MisterEnglish service, you and MisterEnglish shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2 DESCRIPTION OF SERVICE
MisterEnglish currently provides users with free (or paid) real time access to their appointment schedule, their student 'profile' database and the ability to appoint, cancel and reschedule times, and other school management features. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS".

3 YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MisterEnglish has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,MisterEnglish has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4 MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password, username, and account designation upon your application being approved. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MisterEnglish of any unauthorized use of your password or account or any other breach of security. MisterEnglish cannot and will not be liable for any loss or damage arising from your failure to notify us of changes or problems. You must retrieve any lost password from the lost password link on the login page. To ensure your privacy and security, MisterEnglish.com employees will never ask for your password, nor will they ever personally retrieve your password on your behalf. Password retrieval is the sole responsibility of the user.

MisterEnglish may use your registration information to contact you to clarify a question, or assist you with a problem. If you participate in activities on the web site, we may use your registration information to help you. MisterEnglish will not give your registration information to other users. MisterEnglish staff or an authorized representative may access your account to help you with questions or maintain the website. We do not sell our customer names, addresses, or other information to third parties for any purpose.

5 MEMBER CONDUCT
All users therefore agree that all access and use of MisterEnglish is the user's own risk. Under no circumstances will MisterEnglish be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted via the Service.

You agree to not use the Service to:

1. upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;

2. Decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files to any human-perceivable form or assist anyone in doing so, as the Software contains or may contain trade secrets of MisterEnglish.

3. impersonate any person or entity, including, but not limited to, a MisterEnglish official, community leader, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5. copy, upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

6. upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

7. upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

9."stalk" or otherwise harass another; or

10. use the service in a manner that breaks any laws of the country where you reside or break the laws of the United States of America.

You acknowledge that MisterEnglish and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, MisterEnglish and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. MisterEnglish makes every effort to keep all data at this site accurate and up to date, but make no warranties or representations regarding the data. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content created by MisterEnglish or submitted to MisterEnglish, including without limitation information in any MisterEnglish forums, and in all other parts of the Service.

You acknowledge and agree that MisterEnglish may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MisterEnglish, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6 INDEMNITY
You agree to indemnify and hold MisterEnglish, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7 MODIFICATIONS TO SERVICE
MisterEnglish reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MisterEnglish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8 TERMINATION
You agree that MisterEnglish, in its sole discretion, may immediately terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, if MisterEnglish believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MisterEnglish may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with 14 days notice via email to you. Further, you agree that MisterEnglish shall not be liable to you or any third-party for any termination of your access to the Service.

9 LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. While MisterEnglish makes an effort to provide links that will be beneficial to its users, MisterEnglish has no control over such sites and resources, you acknowledge and agree that MisterEnglish is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MisterEnglish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MISTERENGLISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. MISTERENGLISH MAKES NO WARRANTY THAT

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MISTERENGLISH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
VI SERVER RELIABILITY AND UPTIME. DUE TO THE NATURE OF THE INTERNET NO SERVER CAN BE GUARANTEED 100% UPTIME DUE TO PERIODIC MANTAINANCE, TRAFFIC CONDITIONS AND FACTORS BEYOND OUR CONTROL. THEREFORE MISTERENGLISH MAKES NO GUARANTEES AS TO SERVER PERFORMANCE.

11 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MISTERENGLISH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MISTERENGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.

12 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 12 MAY NOT APPLY TO YOU.

Claims for breach of this contract will be subject to the laws of the State of Virginia, or Osaka Japan (at the choice of MisterEnglish) without reference to conflict of laws principles. If this contract is with a MisterEnglish affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such MisterEnglish affiliate, without reference to conflict of laws principles.

You may cancel your access to MisterEnglish at any time, with or without cause, upon notice to us.

MisterEnglish strives for 100% client satisfaction and offers clients a 100% money-back guarantee. If you are unsatisfied for ANY reason, you have the right to a 100% refund under the following conditions: Anytime within 30 days of first payment. To stop payment for any MisterEnglish pay service you must notify us AT LEAST 48 HOURS BEFORE YOUR NEXT PAYMENT PERIOD. It is your responsibility to know your payment period and you will NOT be reminded of any upcoming payment periods. Refunds cannot be made after 30 days from the day of your first payment. Any affiliate programs found on this site have their own separate terms and you must abide by their terms of service.

15. DORMANT ACCOUNTS
Free Plan users must log in at least once every 30 days to prevent the account from going dormant.

Dormant accounts will be assessed a small fee to reactivate. To avoid the need to email us to re-activate your account, please log in at least once every 30 days. If your account is dormant, please email us at support(at)misterenglish(dot)net.

Please check this page from time to time for updates.

TERMS OF SERVICE

(user agreement)