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

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.