Terms
ESL Assist Terms of Service
By using the ESL Assist web site, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
ESL Assist reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.esl-assist.com/terms
Account Terms
1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login may only be used by one person.
3. You are responsible for maintaining the security of your account and password. ESL Assist cannot and will not be liable for any loss or damage from your failure to protect your login information, including your password.
4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card or Paypal account is required for paying accounts, once the free trial period has ended. Free accounts are not required to provide payment information.
2. If you initially sign up for a free trial on a paying account, and you do not cancel that account within 30 days, you will be sent an email allowing you to begin paying for your subscription. If you choose not to pay once your trial has expired, your account will be suspended until payment is received.
3. The Service is billed in advance on a monthly or yearly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. The only acceptable refunds will be duplicated payments and refunds approved by the billing department.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modifications to the Service and Fees
1. ESL Assist reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
2. ESL Assist reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the ESL Assist website or blog.
Cancellation and Termination
1. You alone are responsible for the proper cancellation of your account. You may cancel your account from the "My Account" page after logging into your account. If you are paying by Paypal, you are also responsible for canceling your Paypal subscription to ESL Assist to prevent them from sending further payments as canceling your ESL Assist account does not trigger cancellation of your Paypal subscription.
2. All of your Content will be immediately deleted from the Service upon cancellation.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. ESL Assist, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ESL Assist reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership
1. ESL Assist owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which ESL Assist owns.
2. ESL Assist claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of ESL Assist.
3. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
5. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the internet.
6. You may not use the service to transmit any viruses, worms, or malicious content.
7. ESL Assist does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
8. ESL Assist, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
9. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
10. The failure of ESL Assist to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ESL Assist and govern your use of the Service, superseding any prior agreements between you and ESL Assist (including, but not limited to, any prior versions of the Terms of Service).
