What information do we collect?
Our web site contains a few forms, where a visitor to the site may be asked for information about them. The only reason we ask for this information is so that we may provide the visitor with better service. When we ask for the visitor's name and contact information, we do so in order to know how to reach the visitor in order to respond to any requests they may make.
In addition to basic contact information, we also have a registration form that will request additional information of the visitor. This information is requested as a means of preparing to provide said visitor with a valuable service. The visitors to the site are providing this information voluntarily.
Conversa Language Programs may use this information to contact a visitor after the initial contact has been made, or even after the service has been provided, in an attempt to inform the visitor of relevant information relating to Conversa Language Programs and services offered directly by Conversa Language Programs.
Cookies are files stored on a visitors computer to help web sites provide a better user experience, as well as to understand how the user navigates the web site (again, helping us provide a better service to the visitor).
Conversa.com and spanishbackpack.com
THE [SPANISHBACK.COM] SITE (THE “SITE”), OR USING THE WEB-BASED SERVICES, MATERIALS
OR CONTENT PROVIDED ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE
THIS AGREEMENT require the
use of arbitration on an individual basis to resolve disputes, rather than jury
trials or class actions, and also limit the remedies available to you in the
event of a dispute. THIS AGREEMENT ALSO INCLUDES AN AUTOMATIC RENEWAL OPTION.
License, and Restrictions
Licensor hereby grants to you, the
user, a non-exclusive and non-transferable license to access and use the Site
as made available by Licensor during the term of this Agreement, subject to
the other terms and condition in this
Agreement. The "Web-Based Service" means Licensor’s provision of, and
your use of, the Site as permitted by the foregoing license.
The Site and Web Based Services includes
the executable computer programs and any related printed, electronic and online
documentation and any other content that may accompany the foregoing as
generally made available by Licensor for users.
3. Licensor retains all right, title and
interest in and to the Site and Web-Based Services, including all intellectual
property rights therein or thereto. Licensor reserves all rights not expressly
granted and there are no implied licenses granted to you. Licensor’s intellectual
property rights include the look and feel of the Site and Web-Based Service, as
well as content developed and distributed by Licensor. Nothing herein conveys
or transfers any ownership rights in or to the Site or Web-Based Service.
The Web-Based Service is
accessible through the Site. You can grant access to your student users,
subject to Licensor’s policies and procedures regarding student users. You can
grant access to an unlimited number of student users, subject to the pricing
structure established by Licensor for that purpose. You and your student users
can access the Site and Web-Based Service from a computer or mobile device and
are solely responsible for any telecommunication, internet or other costs or
expenses relating to such access.
You may not transfer or assign any
of your rights or obligations under this Agreement to any other person or legal
entity without Licensor’s prior written approval.
You may not make available the Site
or Web-Based Service for use to any unauthorized persons. You may not access
the Site or Web-Based Service to develop a competing site or service. You may
not modify, reverse-engineer, or de-compile, in any manner through current or
future available technologies, the Site or Web-Based Service. You may not use
the Site or Web-Based Service for any illegal purpose or in a manner that harms
or disrupts the Site or any third party. You may not authorize or permit any
other person (including your students) to violate any of the foregoing
Failure to comply with any of the
terms of this section will be considered a material breach of this Agreement
and will provide Licensor the right to terminate. In addition, Licensor may
suspend your access and/or your student’s access to the Site and Web-Based
Services if Licensor has a good faith belief that you or your students are
using the Site or Web-Based Services in breach of this Agreement.
Access and use of Site and
Web-Based Service is available to Conversa students currently enrolled in online classes, or soon to be enrolled in the Spanish Immersion program in Costa Rica, and students paying the subscription fee established by Conversa.
and Limitation of Liability
1. THE SITE AND WEB-BASED SERVICE ARE
PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LICENSOR (AND ITS
SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. LICENSOR (AND OUR SUPPLIERS) MAKE NO
WARRANTY THAT THE SITE OR WEB-BASED SERVICE WILL MEET YOUR REQUIREMENTS, WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL
BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL,
OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR
WEB-BASED SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL LICENSOR (OR OUR SUPPLIERS) BE LIABLE TO YOU, YOUR STUDENTS,
OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE
OF, OR INABILITY TO USE, THE SITE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND WEB-BASED
SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, LICENSOR’S LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A
MAXIMUM OF THE FEES PAID TO LICENSOR BY YOU DURING THE THEN CURRENT TERM (I.E.,
ONE MONTH OR ONE YEAR). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE
THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND
ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
otherwise provided, this Agreement will remain in full force and effect while
you use the Site and/or Web-Based Services.
suspend or terminate your rights to access or use the Site and Web-Based
Services at any time if you breach this Agreement or fail to pay amounts due.
your rights cease and you will stop accessing the Site and Web-Based Services. You
understand that any termination or non-renewal may involve deletion of your content
from Licensor’s live databases. Licensor will not have any liability whatsoever
to you for any termination of your rights under this Agreement, including for
termination or deletion of your content.
Even after your
rights are terminated, the following provisions of this Agreement will remain
in effect: III and V.
Licensor will be free of liability
if Licensor is prevented from executing its obligations under this Agreement in
whole or in part due to events or circumstances outside its control, such as
earthquake, typhoon, flood, fire, war or any other unforeseen and
2. This Agreement is subject to occasional
revision by Licensor, and if Licensor makes any substantial changes, Licensor
may notify you by sending you an e-mail to the last e-mail address you provided
to Licensor (if any), and/or by prominently posting notice of the changes on the
Site. In the event that the last e-mail address that you have provided is not
valid, or for any reason is not capable of delivering to you the notice
described above, dispatch of the e-mail containing such notice will nonetheless
constitute effective notice of the changes described in the notice. Any changes
will be effective upon the earlier of thirty (30) calendar days following our
dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar
days following our posting of notice of the changes on our Site. These changes
will be effective immediately for new users. Continued use following notice of
such changes shall indicate your acknowledgement of such changes and agreement
to be bound by the terms and conditions of such changes.
READ THIS DISPUTE RESOLUTION SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any and all
controversies, disputes, demands, counts, claims, or causes of action
(including the interpretation and scope of this clause, and the arbitrability
of the controversy, dispute, demand, count, claim, or cause of action) between
you and Licensor and its employees, agents, successors, or assigns, regarding
or relating to the Site, Web-Based Services or this Agreement shall exclusively
be settled through binding and confidential arbitration.
be subject to the Federal Arbitration Act and not any state arbitration law.
The arbitration shall be conducted before one commercial arbitrator with
substantial experience in resolving commercial contract disputes from the
American Arbitration Association (“AAA”)
or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the
parties in writing, the arbitration will be governed by the AAA’s or JAMS’s
rules for commercial arbitration and, if the arbitrator deems them applicable,
the procedures for consumer-related disputes.
You are thus GIVING
UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters
that may be taken to small claims court. Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING,
BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES
APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order
and are subject to VERY LIMITED REVIEW BY A COURT.
You and Licensor must
abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE
BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE
OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD
CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the
costs of arbitration will be prohibitive as compared to costs of litigation, Licensor
will pay as much of your filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from
being cost-prohibitive as compared to the cost of litigation, (4) Licensor also
reserve the right in our sole and exclusive discretion to assume responsibility
for all of the costs of the arbitration; (5) the arbitrator shall honor claims
of privilege and privacy recognized at law; (6) the arbitrator’s award shall be
final and may be enforced in any court of competent jurisdiction; (7) the
arbitrator may award any individual relief or individual remedies that are
permitted by applicable law; and (8) each side pays its own attorneys’ fees and
expenses unless there is a statutory provision that requires the prevailing
party to be paid its fees’ and litigation expenses, and then in such instance,
the fees and costs awarded shall be determined by the applicable law.
the foregoing, either you or Licensor may bring an individual action in small
claims court. Further, claims of infringement or misappropriation of the other
party’s patent, copyright, trademark, or trade secret shall not be subject to
this arbitration agreement. Such claims shall be exclusively brought in the
state or federal courts in which our principal place of business is located.
Additionally, notwithstanding this agreement to arbitrate, either party may
seek emergency equitable relief before the state or federal courts in which our
principal place of business is located in order to maintain the status quo
pending arbitration, and hereby agree to submit to the exclusive personal
jurisdiction of the courts located within the state in which our principal
place of business is located for such purpose. A request for interim measures
shall not be deemed a waiver of the right to arbitrate.
exception of subparts (1) and (2) in Section V.3(d) above (prohibiting
arbitration on a class or collective basis), if any part of this arbitration
provision is deemed to be invalid, unenforceable or illegal, or otherwise
conflicts with the Agreement, then the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms as
if the invalid, unenforceable, illegal or conflicting provision were not
contained herein. If, however, either subparts (1) and (2) in Section V.3(d)
(prohibiting arbitration on a class or collective basis) is found to be
invalid, unenforceable or illegal, then the entirety of this arbitration
provision shall be null and void, and neither you nor Licensor shall be
entitled to arbitration. If for any reason a claim proceeds in court rather
than in arbitration, the dispute shall be exclusively brought in state or
federal court in the state in which our principal place of business is located.
information on AAA, its Rules and Procedures, and how to file an arbitration
claim, you may call AAA at 800-778-7879 or visit the AAA website at
http://www.adr.org. For more information on JAMS, it’s Rules and Procedures,
and how to file an arbitration claim, you may call JAMS at 800-352-5267 or
visit the JAMS website at http://www.jamsadr.com.
Any and all
controversies, disputes, demands, counts, claims, or causes of action between
you and Licensor and our employees, agents, successors, or assigns, regarding
or relating to these Agreement, Site, or Web-Based Services shall exclusively
be governed by the internal laws of the state in which Licensor’s principal
place of business is located, without regard to its choice of law rules and
without regard to conflicts of laws principles except that the arbitration
provision shall be governed by the Federal Arbitration Act. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply to
The Site and
Web-Based Services may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree not to
export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Licensor, or
any products utilizing such data, in violation of the United States
export laws or regulations.
constitute the entire agreement between you and Licensor regarding its subject
matter, including the access or use of the Site and Web-Based Services. Failure
to exercise or enforce any right or provision shall not operate as a waiver of
such right or provision. The section titles are for convenience only and have
no legal or contractual effect. The word “including” means “including without
limitation”. If any provision is, for any reason, held to be invalid or
unenforceable, the other provisions of this Agreement will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law. Your relationship
to Licensor is that of an independent contractor, and neither party is an agent
or partner of the other.
All notices to Licensor
under this Agreement are to be provided at the following address:
Santa Ana, Calle Central, Avenida 6, Casa Conversa
Santa Ana, Costa Rica
communications between you and Licensor use electronic means, whether you use
the Site or send us emails, or whether Licensor posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Licensor in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Licensor provides to you electronically satisfy any legal requirement
that such communications would satisfy if it were be in a hardcopy writing. The
foregoing does not affect your non-waivable rights.