Legal Notice - Terms of Use of the Site and Terms of Contracting Products or Services
Last updated September 2024
LEGAL NOTICE AND TERMS OF USE
M.O.D. Cabarete Language Institute S.R.L. is referred to in this document as the PROVIDER and you as the CLIENT who receives our products or services (free or paid).
I can assure you that you are in a 100% safe space, and for that, you should know:
1.1. IDENTIFICATION DETAILS OF THE RESPONSIBLE PARTY
As per the current regulations, I inform you that:
My company name is: M.O.D. Cabarete Language Institute S.R.L.
My registered office is located at Address: Cabarete, Puerto Plata, República Dominicana
Email: [email protected]
My social activity is: EDUCATION AND TRAINING
1.2. PURPOSE OF THE WEBSITE
The services provided by the website owner are as follows:
Selling education and services related to online business.
Selling Ebooks.
Managing the list of subscribers and users registered on the website.
Providing content for the blog.
Directing its network of affiliates and merchants and managing their payments.
1.3. USERS:
Access and/or use of this website confers the condition of USER, who accepts these terms of use from such access and/or use. Nonetheless, the mere use of the website does not signify the start of any work/commercial relationship.
1.4. USE OF THE WEBSITE AND INFORMATION CAPTURE:
1.4.1 USE OF THE WEBSITE
The website https://executivespanish.com (hereinafter, THE WEBSITE) provides access to articles, information, services, and data (hereinafter, "the contents") owned by M.O.D. Cabarete Language Institute S.R.L. The USER assumes responsibility for the use of the web.
The USER agrees to make appropriate use of the contents that M.O.D. Cabarete Language Institute S.R.L. offers through its web and, by way of example but not limitation, agrees not to use them to:
(a) Engage in activities that are illegal, unlawful, or contrary to good faith and public order;
(b) Disseminate content or propaganda that is racist, xenophobic, pornographic-illegal, in support of terrorism, or against human rights;
(c) Cause damage to the physical and logical systems of the website, its suppliers, or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages;
(d) Try to access and, if necessary, use the email accounts of other users and modify or manipulate their messages.
M.O.D. Cabarete Language Institute S.R.L. reserves the right to remove all comments and contributions that violate respect for the dignity of a person, that are discriminatory, xenophobic, racist, pornographic, that harm youth or children, public order or safety, or which, in its judgment, are not suitable for publication.
In any case, M.O.D. Cabarete Language Institute S.R.L. will not be responsible for the opinions expressed by the users through the blog or other participation tools that may be created, in accordance with the provisions of the applicable regulations.
1.4.2 INFORMATION CAPTURING
Contact form, where the USER must fill in the email, subject, and name fields.
Subscription form, where the USER fills in the necessary fields for subscription to the web with the fields of name and email.
Sales form, where the USER fills in the necessary fields for the sale with the fields of name, email, address, and ID number.
Tracking cookies, according to the following rules:
Browsing and IP address: By navigating through this web, the user automatically provides the server with information related to your IP address, date and time of access, the hyperlink that has referred you to these, your operating system, and the browser used.
Despite the above, users may unsubscribe at any time from the services provided by M.O.D. Cabarete Language Institute S.R.L. or data provided by the USER in compliance with the current data protection regulations. Likewise, both when subscribing to this website, when making a comment or making a purchase on any of its pages and/or entries, the user consents to:
a. The processing of their personal data in the Wix and Click Funnels environment according to their privacy policies.
b. The access of M.O.D. Cabarete Language Institute S.R.L. to the data that, according to the infrastructure of Wix, Go High Level, Click Funnels, the user needs to provide either for the subscription to the web or for any inquiry via the contact form.
Additionally, we inform that our users' information is protected in accordance with our PRIVACY POLICY.
By activating a subscription, contact form, or comment, the user understands and accepts that:
From the moment they subscribe or access any paid service, M.O.D. Cabarete Language Institute S.R.L. has access to:
Name and email, or other necessary data forming a file named “WEB USERS AND SUBSCRIBERS,” or in the case of making a purchase, will be subscribed to the “CLIENTS AND/OR SUPPLIERS” file having access to data such as name, surname, email, ID number, and full address.
In any case, M.O.D. Cabarete Language Institute S.R.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the web https://executivespanish.com as well as this legal notice.
You agree that if you provide us with success stories, testimonials, or other opinions about your experiences at events, private groups on social media, or other channels, recorded mentorships, and programs, owned by M.O.D. Cabarete Language Institute S.R.L., you will be truthful and complete in your statements and representations of the successes you provide, and we can use your stories or presentations for promotional purposes, at our discretion, in whole or in part, on any medium worldwide, without notification, review, approval, or compensation to you.
This authorization includes the right of M.O.D. Cabarete Language Institute S.R.L. to use your name, voice, image, film, video, recordings, statements, or any derivative work, in all media. This assignment of your image, success case, testimony, or experiences will be free, and you expressly agree that you will not receive or claim remuneration or payment for it.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY:
M.O.D. Cabarete Language Institute S.R.L., by itself or as an assignee, is the owner of all intellectual and industrial property rights of its website, as well as of the elements contained therein (e.g., images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), ownership of M.O.D. Cabarete Language Institute S.R.L. or its licensors. All rights reserved.
Any use not previously authorized by M.O.D. Cabarete Language Institute S.R.L. will be considered a serious breach of the author's intellectual or industrial property rights.
The reproduction, distribution, and public communication, including the modality of making them available, of all or part of the contents of this website for commercial purposes, on any support and by any technical means, without the authorization of M.O.D. Cabarete Language Institute S.R.L., are expressly prohibited.
The USER undertakes to respect the Intellectual and Industrial Property rights owned by M.O.D. Cabarete Language Institute S.R.L. You can only view the elements of the web without printing, copying, or storing them on the hard drive of your computer or any other physical support. The USER must refrain from deleting, altering, evading, or manipulating any protection device or security system installed on the pages of M.O.D. Cabarete Language Institute S.R.L.
It is strictly prohibited to share the license for use with more people; each license is personal and non-transferable, reserving as many civil and criminal actions as may assist us in safeguarding our rights, all under the notice of incurring a crime against intellectual property.
3 EXCLUSION OF WARRANTIES AND LIABILITY
M.O.D. Cabarete Language Institute S.R.L. is not responsible, in any case, for damages of any nature that may arise, by way of example: errors or omissions in the contents, lack of availability of the website — which will undergo periodic stops for technical maintenance — as well as the transmission of viruses or malicious or harmful programs in the contents, despite having taken all necessary technological measures to prevent it.
You understand and accept that the value you will gain from the Program will be proportional to the level of effort you make; your level of comprehension; your experience, skills, level of desire, and willingness to take actions in relation to the provided information; and external factors such as global events, market conditions, employment, relationships, and other unknowns. Due to these unknowns and variability between these factors, there is no way to know how well you will do or what results you will achieve. Consequently, the Provider does not have, cannot, and will not offer any implied guarantees.
Any result or testimonial from past clients you may have heard are only examples of what could be obtained, but they are not promises of future results.
You understand that there are risks associated with your decision and previous results do not represent an indication of success, growth, or earnings in the future.
You accept that we have not made, cannot make, and will not make claims or guarantees of financial, medical, health, or specific results based on this Program.
You understand that we do not offer personal, medical, psychological, legal, therapeutic, accounting, investment, or financial advice in this program, and no information contained in the Program should be confused as such.
You understand that this Program and all the Provider’s or its representatives' products and services are solely for educational, informational, and personal development purposes.
You accept that we are not responsible for the success or failure of your actions, relationships, or business decisions related to any information presented by our Company or Coaches, and by registering for this program you specifically release the Provider and any of its representatives or contractors responsible for any special or consequential damages resulting from the use, or inability to use, of the information or strategies communicated through this program and its materials and websites, or any service provided before or after this program, even if advised of the possibility of such damages.
Under no circumstances, including but not limited to negligence, will the Provider be liable for any special or consequential damages resulting from your participation in this Program.
You understand and accept to defend, indemnify, and hold harmless the Provider and its officers, directors, employees, independent contractors, agents, instructors, coaches, and related companies from and against any and all damages, liabilities, costs, losses, expenses, claims, and/or judgments, including legal costs and reasonable attorney fees that any of them may incur or be required to pay as a result of your breach of any representation, warranty, obligation, or mandate under this Agreement, or for claims or damages to the Provider from the sale or purchase of any product or service.
YOU ACKNOWLEDGE THAT ALL OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS," AND ALL WARRANTIES, EXPRESS AND IMPLIED, EXCEPT AS EXPRESSLY SET FORTH IN THE SERVICE WARRANTY, ARE DISCLAIMED.
Under no circumstances will you be entitled to recover any indirect, incidental, consequential, or exemplary damages, or lost profits, in any action against the Provider, agreeing that your remedies will be limited to an action for direct damages, not exceeding the amount you paid to us.
Payments are in USD (United States Dollars). Differences and fluctuations in international exchange rates are the customer's responsibility. This applies to all payment plans as well as refunds.
4. MODIFICATIONS
M.O.D. Cabarete Language Institute S.R.L. reserves the right to make, without prior notice, the modifications it deems appropriate on its website, being able to change, delete, or add both the content and services provided through it and the way in which they appear presented or located on its website.
5 LINK POLICY
Persons or entities who intend to, or do, create a hyperlink from a webpage of another internet portal to the website of M.O.D. Cabarete Language Institute S.R.L. must submit to the following conditions:
The total or partial reproduction of any services or content of the website is not allowed without the prior express authorization of M.O.D. Cabarete Language Institute S.R.L. No deep-links, IMG, or image links, or frames with the website of M.O.D. Cabarete Language Institute S.R.L. will be established without its prior express authorization.No false, inaccurate, or incorrect statements will be made about the website of M.O.D. Cabarete Language Institute S.R.L., nor about its services or contents. Except for those signs that are part of the hyperlink, the webpage where it is established will not contain any brand, trade name, establishment sign, denomination, logo, slogan, or other distinctive signs belonging to M.O.D. Cabarete Language Institute S.R.L., except with express authorization from it.The establishment of the hyperlink will not imply the existence of relations between M.O.D. Cabarete Language Institute S.R.L. and the owner of the website or portal from which it is made, nor the knowledge and acceptance by M.O.D. Cabarete Language Institute S.R.L. of the services and contents offered on that webpage or portal.M.O.D. Cabarete Language Institute S.R.L. will not be responsible for the contents or services made available to the public on the webpage or portal from which the hyperlink is made, nor for the information and statements included in them.The website of M.O.D. Cabarete Language Institute S.R.L. may make connections and links available to the user to other websites managed and controlled by third parties. These links have the exclusive function of facilitating the search for information, content, and services on the Internet for users, and can in no case be considered a suggestion, recommendation, or invitation for a visit to them.M.O.D. Cabarete Language Institute S.R.L. does not market, direct, or previously control nor does it own the content, services, information, and statements available on these websites.M.O.D. Cabarete Language Institute S.R.L. assumes no type of responsibility, not even indirectly or subsidiarily, for damages of any kind that could derive from access, maintenance, use, quality, lawfulness, reliability, and usefulness of the contents, information, communications, opinions, statements, products, and services existing or offered on websites not managed by M.O.D. Cabarete Language Institute S.R.L. and that are accessible through M.O.D. Cabarete Language Institute S.R.L.
6. RIGHT OF EXCLUSION
M.O.D. Cabarete Language Institute S.R.L. reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own instance or that of a third party, to those users who fail to comply with these General Terms of Use.
7. GENERALITIES
M.O.D. Cabarete Language Institute S.R.L. will pursue the breach of these conditions as well as any improper use of its website by exercising all civil and criminal actions that may correspond by law.
8. MODIFICATION OF THESE TERMS AND DURATION
M.O.D. Cabarete Language Institute S.R.L. may modify at any time the conditions specified herein, duly publishing them as they appear here. The validity of the aforementioned conditions will depend on their exposure and will remain in force until they are modified by others duly published.
9. CLAIMS AND QUESTIONS
M.O.D. Cabarete Language Institute S.R.L. informs that there are complaint forms available to users and clients, which can be requested by sending an email to YOUR COMPANY SUPPORT EMAIL, indicating your name and surname, the service or product purchased, and stating the reasons for your complaint.
10. TERMS OF SALE
These general conditions are intended to expressly regulate the conditions applicable to the hiring processes carried out by the users "Client" of the online courses offered by M.O.D. Cabarete Language Institute S.R.L. through its website.
These conditions will remain in force and will be valid for as long as they are accessible through the website, all without prejudice that M.O.D. Cabarete Language Institute S.R.L. reserves the right to modify them, without prior notice, as well as any of the legal texts found on said website. In any case, accessing the Web after its modification, inclusion, and/or substitution implies acceptance of the same by the user.
The client is subject to the general conditions in force at each of the moments of making the corresponding contract, not being possible to contract any service without the prior acceptance of these general conditions of contract.
On this website, you can acquire reflected products or services on each sales page.
To proceed with the payment, the client has the following means available:
Visa/Mastercard/American Express; the user must provide the name of the cardholder, the number, the expiration date, and the CVV.
All information will be processed through external payment gateways to M.O.D. Cabarete Language Institute S.R.L. such as Stripe, with more information available at https://stripe.com/es or via Paypal, with all necessary information available at https://www.paypal.com/es/home or Ebax at https://www.ebanx.com/
11. APPLICABLE LAW AND JURISDICTION
The relationship between M.O.D. Cabarete Language Institute S.R.L. and the CLIENT will be governed by the laws of the United States, and any dispute will be submitted to the courts and tribunals of the State of New Mexico, except where otherwise provided by applicable law.
12. CAUSES FOR CONTRACT TERMINATION
YOU MAY CANCEL AGREEMENTS AND CONTRACTS SIGNED WITH M.O.D. Cabarete Language Institute S.R.L. AT ANY TIME BEFORE MIDNIGHT OF THE THIRD DAY AFTER THE DATE YOU MAKE THE FIRST PAYMENT.
To cancel agreements, contact support at [email protected].
The notice must indicate that you are canceling the agreement or include words to that effect. In the event of a claim or dispute, you must first communicate with us in good faith, and both parties commit to attempting to reach a satisfactory resolution before proceeding with a formal claim. You must send a written description of your claim via email to [email protected]
If a resolution cannot be achieved, you may file an action in court, which will be decided by a duly appointed judge, but neither you nor we will have the right to present claims before a jury or have a jury trial. You waive and exclude claims and remedies sought as part of a "class action," "private attorney general," or any other representative legal action voluntarily by your participation in the program, and both parties agree that relief can only be granted individually (non-class, non-representative). This agreement will be governed and interpreted exclusively according to the laws of the State of New Mexico, United States of America. The parties agree that any lawsuit, action, or proceeding arising from, or related in any way to, this agreement must be filed in New Mexico.Each party irrevocably waives any objection and submits to the jurisdiction and venue of the aforementioned courts, which will have the sole competence and jurisdiction to resolve the dispute, expressly waiving any jurisdiction that might correspond by reason of domicile, agreeing to pay their own fees, costs, and expenses, including those of attorneys, experts, discovery, and witnesses.If any part of this section or Agreement is deemed invalid or unenforceable, it will not invalidate the remaining parts of this section or Agreement, each of which will be enforceable to the fullest extent possible, regardless of such invalidity.This Agreement is governed by the laws of the State of New Mexico. By registering for this program through our website and providing your initials for these terms and conditions and this Agreement, you are providing your digital signature, which is equivalent to a handwritten signature as provided under the Federal E-Sign Act.If you request to pause or cancel your program after the established cancellation period, you are financially responsible for any outstanding or overdue payments covering sessions you have already completed. Upon your deferment/cancellation request, customer service will notify you of the amount due for services rendered.
Upon termination of the contract, your right to use the Services will immediately cease.
Causes for contract termination include:
Falsity, in whole or in part, of the data provided during the contracting process of any service.Altering, bypassing, reverse engineering, decompiling, dismantling, or otherwise tampering with the security technology provided by M.O.D. Cabarete Language Institute S.R.L.Instances of abuse of support services by requesting more hours than established in the contract.False and unfounded opinions with the intent to discredit the holder of the acquired products or services.Any breach established throughout the conditions.Termination implies the loss of your rights to the contracted service.