Terms & Conditions


Click the tab below to read important information about what you are paying for.

The terms “we,” “us,” and “our” refer to English Success Academy. The term the “Site” refers to our websites, http://englishsuccessacademy.com and http://otw.englishsuccessacademy.com

The terms “user,” “student,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “the Service” refers to blog posts containing advice about learning and studying English, digital self-study programs or courses (such as Advanced Speaking Guide, Right Notes, the 24+ Writing Tutorial), private lessons and any consulting services (like Score Analysis) and access to the private student membership area (the Online TOEFL Workshop or OTW).

Anytime that you use The Site or Services, including all materials presented herein and all online services provided by English Success Academy, that is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, students, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, and acknowledge reading them.

This applies to the following programs:

  • Advanced Speaking Guide
  • Right Notes
  • 24+ Writing Tutorial
  • Delta’s Key to the TOEFL iBT
Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible by email at info@englishsuccessacademy.com

There are lots of people with your first and last name. To avoid delays and confusion, use the same email address whenever you write to us.

Length of Your Studies

By paying, you agree that you have at least 30 days before the date of your next registered exam to use our program. If you need many improvements in multiple areas (your grammar, vocabulary, accent or exam strategies in multiple sections), it is unrealistic to see significant improvement in fewer than 30 days. You also agree to ask us questions if you are confused about anything, so that we can help you and solve your challenge.

If you have fewer than 30 days to study with our program(s) before your exam date, please do not request a refund.

Refunds

You have 30 days from the day you pay to request a refund for self-study digital programs (Delta’s Key, Advanced Speaking Guide, 24+ Writing Tutorial and Right Notes). Refunds are processed at the end of each month, at which point, membership access to the Online TOEFL Workshop is cancelled and the credit card or PayPal account associated with payment is refunded in full.

Our Intellectual Property

The Site and Service contain intellectual property owned by English Success Academy, including trademarks, copyrights, proprietary information, and other intellectual property. Delta Publishing Company owns all trademarks and copyrights for Delta’s Key to the TOEFL iBT.

If you notice that another teacher or school is distributing or selling our programs, please send us an email and tell us about it.

No one may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove violators from the Service, without refund, if they are caught violating this intellectual property policy.

Use of the Site & Service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to exam preparation for non-native English speakers and other information are subject to change. English Success Academy makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. English Success Academy disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

Your account access to the Online TOEFL Workshop exists for a an indefinite period. In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to English Success Academy will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction when using The Service.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Product Description

We try to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual Property Rights of Your Material

We claim no intellectual property rights over the material you supply to English Success Academy. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to English Success Academy remains yours to the extent that you have any legal claims therein. You agree to hold English Success Academy harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, exemplary, or any other damages arising out of your use of the site or our programs and services. Additionally, English Success Academy is not liable for damages in connect with (1) any failure of website performance, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; (2) loss of points for your score at your next test; (3) third-party theft of, destruction of or unauthorized access to, alternation or use of your information, regardless of our negligence. The foregoing applies even if English Success Academy has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall English Success Academy’s cumulative liability to you exceed the total purchase prices of the service you have purchased from English Success Academy, and if no purchase has been made by you, English Success Academy’s cumulative liability to you shall not exceed $100.

Third-Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with English Success Academy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and English Success Academy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by English Success Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by English Success Academy.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

info@englishsuccessacademy.com

English Success Academy, LLC

4858 East Baseline Road, Suite 104

Mesa, Arizona, 85206

United States of America

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona as applied to contracts that are executed and performed entirely in Arizona. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the United States of America, Arizona. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: August 2016

This applies for lessons coordinated directly by English Success Academy for Level 1, 2, 3 or 4 teachers.

Extra Practice Material

As a student, you will have a membership account in the OTW website. Your membership is controlled by your email address. The computer system cannot recognize that various email addresses all belong to you. To avoid delays and confusion, use the same email address that you have been using to send us emails.

To make sure that you polish your skills, you pay to have access to Extra Practice Materials (which includes English Success Academy’s special study documents, access to digital courses in the OTW, and video recordings of your lessons). You agree not to share them with anyone else or share your log in information with anyone because it dilutes the value of your investment and violates copyright.

Order Confirmation

After paying, you will get an email confirming receipt of payment. If there are any issues, contact us immediately.

Length of Your Studies

Our recommendations about the amount of time that you need to study are estimates. Your success depends on many factors (your trust in us, your memory, your motivation, how much time you have to study, and even how you are feeling).

Refunds

If you are not satisfied, you can request a refund after the first two lessons. We will return 100% of your unused lessons.  However, before this happens, we will talk with you to understand your concerns and provide an alternative, if possible.Refunds are processed at the end of the month.

Cancellations

Each teacher at English Success Academy may have a slightly different policy about how many hours or days of advance warning they want. After you pay, you will receive an important email. Read it carefully for specific information and ask your teacher to clarify anything that you are not sure about. However, you should expect to pay for your lessons IF any of the following are true…

(1) you do not show up for your lesson,

(2) you do not do your homework and your teacher cannot plan your next lesson,

(3) your internet connection is slow,

(4) you do not tell your teacher that you must cancel fewer than 12 hours before the lesson.

The Future Cost & Availability of Lessons

By paying today, we have an agreement about this series of lessons.

We cannot promise that your teacher will have exactly the same schedule for any future series of lessons (that you would agree to and pay for later). We also cannot promise that the price you are paying today will be the same for any future lessons. Generally speaking, lessons with teachers who are in the following experience levels have the following prices:

Level 1 teachers – $20 per hour

Level 2 teachers – $50 or more per hour

Level 3 teachers – $75 or more per hour

Level 4 teachers – $100 or more per hour

Also, by paying for lessons, you agree not to ask your teacher for a different payment agreement than this one. If you try to privately negotiate for a lower price or ask your teacher to teach you (separately from English Success Academy), it puts your teacher in an uncomfortable position.

Refusal of Service

To benefit from our lessons, you need to have the time, trust, energy, motivation and ability to study and learn from us. If any of these factors limits your ability to benefit from our lessons, we reserve the right to refuse service and recommend other teachers or programs that may serve you better.

Updated: August 2016

By participating in the S26 program, signing the S26 Agreement with HelloSign or accessing the S26 Member Site in the OTW website (hereafter “Site”) you are agreeing to the following terms.

Overview

The terms “School”, “we”, “us”, and “our” refer to English Success Academy. The term “Site” refers to otw.englishsuccessacademy.com and/or englishsuccessacademy.com. The term “Student”, “user,” “you” and “your” refers to students and any other users of the site. The terms “Service” and “Program” refersto the services included in S26 membership, as described below.

By using the Service, including all information and educational materials presented herein by English Success Academy, you agree to all of the following terms and conditions. These Terms and Conditions apply to all students and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

1. Scope of S26 Services

(a) S26 membership includes the following services:

  • Regular contact with and advice from Jaime Miller, from now until you finish with TOEFL iBT
  • Score Analysis consultation
  • A customized “to do” list of what to study to increase your score
  • Structure of Intellect test, results and workbook
  • Access to all 4 self-study programs: Delta’s Key, Right Notes, Advanced Speaking Guide, 24+ Writing Tutorial
  • Personal, customized feedback from expert teachers to help you get un-stuck with anything that is confusing (not more than 4 Writing responses and 12 Speaking responses per month)
  • Unlimited attendance in “Strategy Implementation Sessions” (which will be scheduled live each week until January 2018)
  • Access to and support of the ESA team with fellow S26 members via a private Facebook group;
  • Access to the S26 Video Archive with presentations on on relevant topics such as Reading, Listening, Writing, Grammar, Speaking, Topic Development, Language Use and Accent/Pronunciation;
  • Jaime’s opinion on when to schedule your official TOEFL iBT test
  • Private lessons to get you “unstuck” from difficult topics (not more than 3 per month and only if Student has done relevant pre-lesson activities to make it worth meeting)

The S26 membership services outlined above are hereafter referred to as “the Services” or “Program.”

(b) Any additional services provided by School to Student may require additional fees to be discussed and agreed upon by the parties.

2. Student Duties

(a) Payments / Installments: If you are paying for S26 with installments, you agree for us to charge your credit card with equal, monthly installments until S26 is paid off. If you have any questions about this, just ask. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).

(b) Late payment fee: If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full.

(c) Tools to be Provided by Student: You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.

(d) Extra Practice Material: You have membership in the OTW website. Your membership is controlled by your email address. The computer system cannot recognize that various email addresses all belong to you. To avoid delays and confusion, use the same email address that you have been using to send us emails.

You pay to have access to English Success Academy’s special study documents and digital courses in the OTW.  You agree not to share them with anyone else or share your log in information with anyone.

(e) Additional Student Duties: You understand that your success in the program depends on your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own English development on your own time during the term of Services. You are responsible for requesting additional support from us, if needed.

3. Term

The term of these Terms and Conditions shall be until December 31, 2018. Jaime Miller will provide support and help for S26 until the end of December 31, 2018.

4. Cancellation and Refunds

If you are not satisfied, you can request a refund via email on or before Day 31 of when you officially join S26. Refunds are processed at the end of the month. 100% of your payment will be refunded to you. However, if you have already had a Score Analysis during the first 30 days, $200 will not be refunded.  If you had the Structure of Intellect test and workbook during the first 30 days, $250 will not be refunded. However, before this happens, Jaime Miller will talk with you to understand your concerns and provide an alternative, if possible.

Cancelling your membership or not participating after Day 31 will not stop your obligation to pay the full program fee as described in Paragraph 2(a). If you cancel your Program membership after Day 31, you will remain obligated to pay all remaining unpaid program fees in full.

To benefit from S26, you need to have the time, trust, energy, motivation and ability to study and learn from School. If any of these factors limits your ability to benefit from our material, we reserve the right to refuse service and recommend other teachers or programs that may serve you better. We may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the program.

5. No Guarantees

No one can guarantee your TOEFL iBT score because your success depends on many factors (your trust in School’s Program, your memory, your motivation, your current level of English, how many areas you need to focus on to see results on TOEFL iBT Speaking, how much time you have to study, and your energy level and feelings). Students who commit to the program and follow the protocols typically see results within 6-8 months. However, some students see faster results.

We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that School cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

6. Confidentiality

(a) Student Information: Any and all Student information and data of a confidential nature, including but not limited to any TOEFL iBT scores and needs, and English language needs and students’ contact information (hereinafter referred to as “Confidential Information”), shall be treated by School in the strictest confidence and not disclosed to third parties or used by School for any purpose other than for providing Student with the services specified hereunder without Student’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by School, (b) was in School’s possession prior to receipt from the disclosure, (c) is received by School independently from a third party free to disclose such information, or (d) is independently developed by School without use of the Student’s Confidential Information.

(b) Participant Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow students in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(c) School Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by School in the Program. Any Confidential Information shared by School, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to School. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep School’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Non-Disparagement: Student shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding School, or any of School’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

(e) Violations of Confidentiality: Student agrees that if Student violates or displays any likelihood of violating this paragraph 7 the School and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

7. Ownership of Intellectual Property

Student agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by School and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. School retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. School allows Student a license to use the Intellectual Property solely for Student’s own noncommercial purposes.

Student agrees that s/he has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. Student agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on School’s Intellectual Property or that in any way violate School’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the School. Student may not use such trademarks or service marks for any purpose except with written permission by School.

8. Warranties

(a) School’s Warranties: School represents, warrants and covenants that, School has full authority to enter into these Terms and Conditions and all of the Services, whether performed by School or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Student’s Warranties: Student represents, warrants and covenants that Student has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Student’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

9. Limitation of Liability

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.

10. Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

11. Entire Agreement; Modification; Waiver

These Terms, coupled with the S26 Agreement, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions or the S26 Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

12. Neutral Construction

These Terms and Conditions were prepared by School and/or School’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against School merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

13. Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

14. Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Student may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Student. No such assignment by Student to its wholly owned subsidiary shall relieve Student of any of its obligations or duties under these Terms and Conditions.

15. Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

English Success Academy
4858 East Baseline Road, Suite 104
Mesa, Arizona 85206

To Student at Student’s address provided at the time of purchase.

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

16. Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Sacramento County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

17. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

18. Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Questions about these Terms and Conditions? Email us info@englishsuccessacademy.com.

Updated: November 2017

This applies for any trainings specifically for teachers like How to Teach Exams and subsequent mentoring.

Order Confirmation & Payment

After paying, you’ll receive an email confirmation. Contact us immediately if you feel there are any problems. By paying any deposit, you agree to take responsibility for making timely payments. This ensures we avoid confusion or interruptions in Service.

Refunds

To receive a full refund, you must request it before Week 3 of your cohort. Private mentoring packages are non-refundable.

Account Creation

Your account access to the Online TOEFL Workshop exists for a an indefinite period. In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to English Success Academy will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction when using The Service.

You agree not to give your student(s), colleague(s) or anyone else access to your personal account.

Our Intellectual Property; Copyright

The Site and Service contain intellectual property owned by English Success Academy, including trademarks, copyrights, proprietary information, and other intellectual property. Delta Publishing Company owns all trademarks and copyrights for Delta Key to the TOEFL iBT.

Through your training, you receive access to Digital Courses (like Advanced Speaking Guide) that students pay to study with. These materials are being shared with you for demonstration purposes only. To use materials in lessons with students, either (1) your student can purchase the Digital Course or (2) you can purchase the ESA Bundle. Click here for details.

If you notice that another teacher or school is distributing or selling our programs, please send us an email and tell us about it immediately. Your name will be kept confidential because… No one may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove violators from the Service, without refund, if they are caught violating this intellectual property policy.

Status & Promotion

You can market and promote yourself as an English Success Academy certified ESL Exam Prep Coach after your name is listed on our website. To promote your certification, you agree to use the badge and certificate that are designed by English Success Academy, and not to design your own version of the badges.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Product Description

We try to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual Property Rights of Your Material

We claim no intellectual property rights over the material you supply to English Success Academy. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to English Success Academy remains yours to the extent that you have any legal claims therein. You agree to hold English Success Academy harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, exemplary, or any other damages arising out of your use of the site or our programs and services. Additionally, English Success Academy is not liable for damages in connect with (1) any failure of website performance, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; (2) loss of points for your students’ scores at any of their tests; (3) third-party theft of, destruction of or unauthorized access to, alteration or use of your information, regardless of our negligence. The foregoing applies even if English Success Academy has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall English Success Academy’s cumulative liability to you exceed the total purchase prices of the service you have purchased from English Success Academy, and if no purchase has been made by you, English Success Academy’s cumulative liability to you shall not exceed $100.

Third-Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with English Success Academy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and English Success Academy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by English Success Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by English Success Academy.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

info@englishsuccessacademy.com

English Success Academy, LLC

4858 East Baseline Road, Suite 104

Mesa, Arizona, 85206

United States of America

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona as applied to contracts that are executed and performed entirely in Arizona. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the United States of America, Arizona. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.