Terms and Conditions

This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, http://espanolen3000.com/ (“Website”). It was last updated on 27 December 2017. The terms, “we” and “our” as used in this Agreement refer to Conversational Fluency Labs Pty Ltd (“Español en 3000”).

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.

We refer to this Agreement, our Privacy Policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.

Limited License

Español en 3000 grants you a non-exclusive, non-transferable, non-revocable license to access and use our Website in order for you to make purchases of access to Spanish e-learning content, and other features of our e-learning product through our Website, strictly in accordance with our Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Español en 3000. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Español en 3000 aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Español en 3000, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Español en 3000. Español en 3000 prohibits use of any logo of Español en 3000 or any of its affiliates as part of a link to or from any Website unless Español en 3000 approves such link in advance and in writing. Fair use of Español en 3000’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than Español en 3000. Such links are provided for your reference only. Español en 3000 does not monitor or control outside Websites and is not responsible for their content. Español en 3000’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Español en 3000’s inclusion of the links imply that Español en 3000 is authorised to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on our Website are made at such times as Español en 3000 determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Español en 3000 does not guarantee that we will review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Refunds

We offer 100% refunds for the first 30 days, for any reason and no questions asked. If you wish to receive a refund, you will need to contact our customer support and they will apply the full refund to your credit card.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY Español en 3000 ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Español en 3000 SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Español en 3000 SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Español en 3000 OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Español en 3000’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Español en 3000 FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, Español en 3000 DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. Español en 3000 AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.

Español en 3000 MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold Español en 3000 harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

Affiliate Program

At Español en 3000, we offer a 40% lifetime commission to referred sales. The affiliate will be paid out all successful payments at the end of the month via Paypal Masspay. The affiliate payment will not include any refunds or failed payments made by the affiliate customer.  

The 40% commission will be paid out for every month the user is a paying member and for the lifetime of there membership.

Affiliate Obligations

To begin the enrolment process, you will complete and submit the online application at our Samcart shopping cart. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  1. Promotes sexually explicit materials
  2. Promotes violence
  3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  4. Promotes illegal activities
  5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  6. Includes “Merchant” or variations or misspellings thereof in its domain name
  7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Merchant.com or any other affiliated business.

As a member of Español en 3000’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the listeningmethod.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

Español en 3000 reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.