Standard Terms for the Purchase of LEX™ Courses, Products, and Services
These terms and conditions apply to courses, products, and services provided by LEX™ (Linguist~Educator Exchange) of PO Box 10883, Prescott, AZ 86304.
These terms and conditions are in addition to any website or email disclaimers and apply to the sale of any online or in-person course, published product, or service. Please read these terms and conditions carefully before making a purchase.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, LEXinar™materials, course materials, and published materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“LEXinar™materials” and “Course Materials” refer to the information provided by LEX™ to accompany a course provided as part of the services in hard copy or electronic form. “Published materials” refers to any and all tangible materials in the LEX™
store.
“Fees” means the fees paid by you to LEX for the materials or services.
“Intellectual Property Rights” means copyright, rights in or relating to titles, data, patents, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Website” means www.linguisteducatorexchange.
“You” means the individual or entity purchasing the courses, products, or services.
2. Courses, Products, and Services
2.1. A description of the courses, products, and services together with pricing and any applicable dates are available on the website. We will provide purchases with reasonable care and skill in accordance with the website descriptions.
2.2. We reserve the right to vary or withdraw any of the courses, products, or services described on the website without notice.
2.3 We expect you to confirm that the courses, products, or services you are purchasing will meet your needs. We make no promise or guarantee of a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the courses, products, or services.
2.4 Recordings of LEXinars™ are not guaranteed to be available, and must be purchased at least 24 hours prior to the start of the requested course. Recordings are for personal study only and may not be shared.
2.5 Certificates of completion may be requested free of charge within two weeks of the last day of the class or seminar; thereafter a small fee may be incurred.
3. Purchasing via the Website
3.1. When you place an order via the website, invoice, or purchase order, you are agreeing to the purchase according to these terms and conditions. LEX™ reserves the right to cancel or decline your order or any part of your order at any time if the terms and conditions are violated.
3.4. Following receipt by us of your order via the website, you will receive confirmation of your order.
3.5. A legally binding agreement between us and you shall begin once we have:
(a) accepted your offer to purchase courses, products, or services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant charges from you in accordance with clause 5 below.
3.6. Where your order consists of multiple courses, each individual course will be treated by us as a separate purchase agreement. Acceptance of your agreement to buy one or more courses will not be acceptance by us of your agreement to purchase any other courses which make up your order.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the courses being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted any time prior to the scheduling of the course to cancel your purchase.
4.2. If you have purchased a LEXinar™ and have already attended, accessed, or downloaded all or part of the LEXinar™ course materials, then you shall have no right to cancel your order.
4.3. If you have purchased a LEXinar™ and all or part of the LEXinar™ has been delivered, even if you do not attend the scheduled sessions, then you shall have no right to cancel your order.
4.4. Undamaged, unopened products purchased may returned within 14 days of receipt for a refund, less any restocking fees.
5. Fees
5.1. The fees for courses, products, and services shall be as set out on the website or LEX™ conference price list
5.2. Unless otherwise specified at the time of your purchase, the fees are exclusive of VAT, customs fees, or other local taxes. Shipping and handling costs are determined at the time of purchase.
5.3. Fees shall be debited from your credit / debit card at the time of purchase. Installment plans are available for year-long courses.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase are for your own account and LEX™ shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance in any LEXinar™ or live course.
6. Liability
6.1. No part of the provision of the courses, products, or services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of diagnostic information or educational advice.
6.2. Although LEX™ aims to provide the courses, products, and services beyond the highest standards of the industry, LEX™ accepts no liability for (i) any inaccuracy or misleading information provided in the courses, products, or services, nor for any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the courses, products, or services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, LEX™’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the courses, products, and services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant purchase in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit LEX™’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under US law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the courses, products, or services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in LEXinars™, conference presentations and materials, blog posts, pop-up classes, cards, books, posters, videos, or services offered by LEX™ or made by LEX™ are, and remain, the intellectual property of LEX™ or its licensors, whether adapted, written for, or customized for the Client or not.
7.2. You are not authorized to
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the content or materials in clause 7.1 without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any course, product, or service, without prior written permission
(iii) use any LEX™ content or materials in the provision of any other course, training, or promotional materials for same;
(iv) remove any copyright or other notice of LEX™ on the course, product, or service materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software or electronic data or files forming part of a LEXinar™.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any courses, products, or services, including but not limited to access to previously purchased courses, products, or services.
7.3. In consideration of the fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use LEX™ materials, tangible or electronic, for the sole purpose of completing the LEXinar™ or for personal study.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any courses, products, or services with immediate effect in the event that you
- fail to pay when due your fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards LEX™, its clients or affiliates;
- cheat or plagiarize any work which you are required to prepare or submit in connection with your profession;
- steal or act in fraudulent or deceitful manner towards LEX™, its clients or affiliates;
- intentionally or recklessly damage our property or the property where we are hosting any events;
- are intoxicated through alcohol or illegal drugs while attending a live or online event;
- commit any criminal offense while attending a live or online event, or where the victim is our employee or student;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any courses, products, or services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with any website disclaimers and course specific terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
LEX™ shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the courses, products, and services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our use of data. By making a purchase you agree to this use.
14.2 When you register with us you will need to provide contact details. We will store this data and use it to contact you, provide you with details of your purchase and otherwise as required during the normal provision of a course, product, or service.
14.3 We will not pass any personal data onto anyone outside of LEX™.
14.4 To enable us to monitor and improve our services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.5 LEX™ endeavors to take all reasonable steps to protect your personal data including the use of encryption technology, but cannot guarantee the security of any data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any external breach of security.
14.6 If you wish to change or update the data we hold about you, please contact us through the website.
15. Law and Jurisdiction
This Agreement is subject to U.S. law and the parties submit to the exclusive jurisdiction of the U.S. courts and any pertinent international agreements in connection with any dispute hereunder.