GATEWAY ESL  |  Terms of Use

 

Effective Date:  July 19, 2022

 

 

Your Agreement to These Terms of Use

Gateway ESL ("Company," "we," "us," and "our") owns and provides access to this and related websites (collectively, the "Site"), and other publicly accessible websites on social media platforms like Facebook, Twitter, Instagram, or LinkedIn (the "Social Media Sites"), as well as other online venues, to our employees, students, franchisees, and the general public. Any person's use of one or more of the Sites and Social Media Sites (collectively, the "Company's Sites"), whether for themselves or on behalf of another, or participation in communications thereon, as well as any purchases made there or receipt of services, is contingent upon that person accepting all of the terms, conditions, and notices contained in or referred to herein without modification (the "Terms of Use"). Therefore, you agree to all terms, conditions, and notices contained or referenced/linked herein by your access to, use of, participation in, communication with, purchase of, or receipt of services through networks, systems, or equipment provided by the Company or those of other people or entities, including your own (the "Company's Sites Activity"). It is as if you physically signed a document accepting these Terms of Use by using the Company's websites.

 

For the purposes of these Terms of Use, the terms you, your, and user relate to and include, without limitation, a person who visits or otherwise uses the Company's Sites for any purpose. Anyone who plans or pays for a student to take part in Company Sites Activities or to access or otherwise use the Company Sites is responsible for ensuring that the person or student is aware of and agrees to these Terms of Use.

 

 

General Rules Concerning Access and Use of Company's Site (Including Social Media/Communication Services)

The Company's Sites Activity may include and/or involve blogs, discussion boards, bulletin board services, chat rooms, newsgroups, forums, communities, personal web pages, calendars, and/or other messaging or communication facilities on the Company's Sites (collectively, "Social Media/Communication Services"). Only to the extent permitted by these Terms of Use, you agree to access, use, participate in, and communicate on or through the Social Media/Communication Services. The following set of terms and conditions governs your access to, use of, participation in, and communication on or through one or more of the Company's Sites, notably the Social Media/Communication Services, and is not meant to be comprehensive.

 

• In connection with the aforementioned tutoring services, you agree to refrain from disclosing to or requesting from a tutor any information that could be deemed personal, such as your name, address, phone number, email address, social security number, password, or any other information that could be used to identify or locate either you or the tutor.

• You must abide by our Privacy Policy as well as the terms of service and other rules, such privacy policies, of the website(s) that support our social media/communication services, like Facebook, Twitter, Instagram, or LinkedIn.

• Any terms, policies, and agreements that apply to you as a Company officer, employee, intern, volunteer, contractor, or other workforce member must be complied with. These terms, policies, and agreements include, but are not limited to, the Company employee handbook, anti-discrimination policies, social media policy, electronic communications policy, and code of conduct.

• Whether posting, uploading, downloading, emailing, or another method, you will not:

  • Infringe the legal rights (such as the rights to privacy and publicity) of others, including tutors and instructors, by defaming, abusing, harassing, stalking, or in any other way.

  • Publish, distribute, or transmit any content or information that is improper, offensive, threatening, defamatory, infringement, obscene, disruptive, abusive, harassing, humiliating, torturous, indecent, or illegal, or that is about any person or thing.

  • Falsely assert or otherwise misrepresent your association with a person or entity, engage in pretexting, or otherwise impersonate any person or entity.

  • Upload any files that are intended to disrupt, obstruct, delay, or otherwise negatively affect the operation of the Company's Sites, any computer hardware or software, or any telecommunications equipment. This includes files that are infected with viruses, corrupted files, worms, bugs, or any other similar software, codes, files, or programs.

  • Upload any files that contain software or other content that is patent, trademark, trade secret, copyright, or otherwise protected by intellectual property laws (or by rights of privacy or publicity), unless you own or control the rights thereto and/or have obtained all required permissions.

  • Conduct or forward surveys, contests, chain letters, pyramid schemes, or other forms of advertising or solicitation unless such Social Media/Communication Service expressly permits such activities and, with respect to Company employees, you make clear your relationship or affiliation to Company. You may also not endorse, recommend, or offer to buy or sell any goods or services for any business purpose, or in any other way transmit promotional materials, "junk mail," "spam," or other forms of advertising or solicitation.

  • Download any file that has been posted by another user of a Social Media/Communication Service or messaging service that you know, or should know, legally cannot be shared or downloaded in this way.

  • Alter, falsify, or remove any writer credits, legal or other necessary notices, other exclusive designations or labels of the origin or source of any software or other materials contained in a file that is uploaded.

  • Access, harvest, extract, disclose, post, transmit, destroy, or otherwise compile, maintain, or process proprietary or confidential information about the company, including any details about its services, or the personal information (including phone numbers and email addresses) or protected health information of others, including students, without their permission. You will do all in your power to protect the company's private and confidential information. Without their consent, you shouldn't upload any images or videos that include another person.

  • Defy any applicable laws or rules at the federal, state, local, or international levels.

  • Use the Company's Sites in any way that could harm, disable, restrict, overload, or impair the website or make it difficult for another person to use and enjoy the Websites or the Social Media/Communication Services.

  • If applicable, give someone else permission to access the Company's websites using your login or password. To put it another way, you agree to take all necessary precautions to protect the confidentiality and security of your login and password, as well as to guard against their disclosure or unauthorized access. 

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All postings on the Company's Sites, including the Social Media/Communications Services, will be publicly available on the Internet and thus publicly accessible without restriction or protection of any kind, with the exception of postings made in connection with purchasing and receiving the tutoring and/or instructional services mentioned above. Company expressly disclaims any duty, liability, obligation, and/or responsibility with relation to the Social Media/Communication Services and any actions brought about by your involvement in any Social Media/Communication Service since Company does not regulate or endorse the content, messages, or information found in any such service. Site administrators, instructors, and hosts are not permitted to speak for the company and are not required to share the company's opinions because their views do not necessarily reflect those of Company.

 

Nothing in these Terms of Use is meant to limit an employee's ability to exercise his or her rights under the National Labor Relations Act or under any other law that safeguards legal employment-related or other actions.

 

The sole, final, and binding decision made by the Company on whether you comply with the terms of these Terms of Use, including without limitation the requirements in this section, shall be made at the Company's sole discretion.

 

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Termination of Use,

Access to Company's Sites Including Social Media/Communication Services

Company is under no duty to keep an eye on its websites, social media accounts, or communication services. Although Company reserves the right to access, review, or record any and all activity on its Company's Sites, including without limitation any files, documents, photos, software, or other materials, information, or communications transmitted through or stored on the Company's Sites, at any time and for any reason, it does so at its sole discretion. There can be posted restrictions on usage, replication, and/or distribution for materials uploaded to a company's website or social media or communication service. You are in charge of abiding by these restrictions. 

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At its sole discretion, Company reserves the right, at any time, for any reason, and without prior notice to you, to monitor, restrict, block, discontinue, limit, suspend, or terminate your access and use of the Company's Sites and the related services or any portion thereof. Any and all posts, files, photos, documents, or other transmissions or communications of any kind to or from the Company's Sites, as well as any information relating to your Company's Sites Activity, are subject to editing, removal, deletion, or blocking under this reservation of rights, without limitation.

 

Links to Third Party Sites
There may be links to other websites on the Company's websites, including the Social Media/Communication Services ("Linked Sites"). When it comes to Linked Sites that Company does not control or sponsor, Company is not liable for the information found therein, including without limitation any links contained therein or any alterations or updates made to such Linked Sites. Webcasting or any other type of communication from such Linked Sites is not under the control of the Company. You are merely receiving these links from Company as a courtesy; nothing about their presence suggests that Company endorses the linked site or that they are affiliated with its creators.

 

Submissions to the Company's Sites
Company does not claim ownership of any files, documents, photos, software, or other information or materials that you provide to Company (including feedback and suggestions) or that you post, upload, input, or submit to any Company Site other than personal information you submit through a Company's Site in connection with an employment application or in connection with the tutoring services outlined above, including without limitation recorded tutoring sessions and transcripts thereof (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting—and/or representing that the owner has granted—Company and its affiliated companies, the global, perpetual, royalty-free, and nonexclusive right to use your Submission (aside from any academic source materials that you are permitted to use under the "fair use" doctrine of copyright law) in connection with the operation of the Site; and, if the Company so chooses, to publish your identity alongside your Submission, barring any legal restrictions. All personally identifiable data submitted to this company's website will be treated in accordance with the Privacy Policy posted online. 

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Regarding your Submission, neither you nor any third party shall receive payment of any type or under any circumstances (s). No Submission you may provide has to be posted or used by the Company. By posting, uploading, providing, providing input, providing your Submission, or otherwise submitting it, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, provide, or submit the Submissions.

 

 

Fees

To post or access Content or for other features, goods, services, or licenses, Company (or its partners) may charge a price. You are accountable to Company (or its partners) for paying any fees associated with any Content you upload, other features, goods, services, or licenses that you buy directly from Company (or its partners), or that are acquired through Company (or its partners). You give your permission for the Company (or its partners) or its chosen payment processor to bill the fees mentioned during registration to the credit card, debit card, or other payment method you specify.

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All fees are in United States dollars (USD), unless otherwise stated, and all charges will be made in US dollars. Additional to the indicated fee are any relevant sales taxes or other taxes. Your agreement with the company that issues your credit card or other payment method will govern currency exchange settlements and foreign transaction costs.

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All fees are nonrefundable unless otherwise required by law, including without limitation when purchased posts are deleted by the Company (or its partners) or as a result of community complaints. The user cannot cancel payments or purchases unless it is required by law. However, Company (or its partners) maintains the right, in its sole discretion, to reject or halt any transaction or attempt at any time. You acknowledge and accept that there may be a hold on your usage of that transaction amount for a number of days if you authorize a payment transaction using your credit card, debit card, or another payment method, but your charge is declined for any reason.

 

Changes to These Terms of Use

The Company retains the right to periodically modify these Terms of Use for any cause, with or without notice. Any modifications to these Terms of Use take effect the moment you start using the Company's websites. It is your obligation to review these Terms of Use frequently for any updates we may make. Following the publishing of modifications to these Terms of Use, your use of the Company's websites constitutes your acceptance of those modifications.

 

Liability Exclusions

Any software, materials, or information that a user makes available on the Company's Sites but which is not accurate, complete, or up to date is not the responsibility of the Company and is not subject to liability in any way. The information on the Company's websites is only for general informational purposes and should not be relied upon or used as the basis for important choices without first seeking advice from primary sources that may be more reliable, complete, or up to date. You assume all risk when relying on any software, materials, or information found on the Company's websites. The Sites may include some outdated historical information that is just provided for your reference.

 

You agree that any use or disclosure of proprietary or confidential information of the Company in violation of these Terms of Use will cause irreparable harm to the Company, its subsidiaries, or affiliates, and that the Company will be entitled to equitable and injunctive relief to stop and prevent such use or disclosure.

 

It is critically important that any information you provide through the Company's websites must be secure. Despite the fact that no system can completely protect against dangers of intentional eavesdropping or unintentional information leak, the company regularly examines its security procedures to assist guarantee that your data is preserved securely. Furthermore, the security of the transmission may be jeopardized before it reaches the Company's Sites when you send information over the Internet since it will be sent via a medium that is out of the Company's control. As a result, the Company makes no assurances regarding security or confidentiality. Furthermore, you expressly and solely assume the risk of any unauthorized disclosure or intentional intrusion, as well as the risk of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of the company's sites.

 

The sites of the Company may contain inaccuracies or typographical errors in the information, software, products, and services included in or available through them. The information herein under subject to changes from time to time. The Company may at any time make changes and/or improvements to its websites.

 

You should consult an appropriate professional for specific advice tailored to your situation and not use or rely on any commentary, advice, or information received through or from the Company's Sites for personal, medical, legal, or financial decisions.

 

Company does not warrant that the information, software, products, services, and materials included on the company's websites are fit for any purpose and does not warrant the reliability, availability, timeliness, or accuracy of such information. All such information, software, products, services and materials are provided "as is" and without warranty or condition of any kind, to the fullest extent permitted by applicable law.

 

Including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement, Company hereby disclaims all warranties and conditions with regard to this information, software, products, services, and materials.

 

To the fullest extent permitted by law, under no circumstances shall Company or third-party content providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages of any kind, including, without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data, or profits, unauthorized access to and alteration of your transmissions and data, or intentional or malicious attempts at intrusion into your private information and any material and immaterial losses resulting from or associated with the use or functionality of the Company's sites, or any actions we take or fail to take as a result of email or other messages you send us, or for any information, software, products, services, and materials obtained through the Company's Sites, or otherwise arising out of the use of the company's sites, regardless of the basis for the claim, including contract, tort, negligence, strict liability, or other legal theory, even if Company has been counseled concerning the possibility of damages. The above limitation may not apply to you because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Your only and exclusive remedy is to stop using the Company's Websites if you are unhappy with any aspect of them or with any of these terms of use. Assuming all risk and responsibility for the confidentiality, security, privacy, and integrity of data you access, send, store, upload, download, or otherwise transmit on the Company's Sites, you expressly acknowledge and agree to this.

 

Service Contact E-mail - support@gatewayesl.com

 

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Indemnification

You agree to hold the Company, its officers, directors, employees, contractors, agents, and other team members, as well as their licensors and suppliers, harmless from and against any and all losses, liabilities, expenses, damages, and costs, as well as reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use or Company's Site Activities, including with regard to the Social Media/Communication Services. You agree to be liable for all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, occurring or resulting from any technical disruption of the Company's Sites or the systems transmitting or supporting the Company's Sites to you or others.

 

 

General

 

• This Terms of Use replaces all prior written and oral agreements with respect to the subject matter hereof and represents the full understanding between the parties thereto.

 

• In accordance with its sole discretion, the Company reserves the right to at any time release any information on the Company's Sites as necessary to respond to claims under the Patriot Act or other governmental requests. You acknowledge that the Company shall not be liable if it exercises its rights under this Agreement for whatever reason.

 

• You hereby consent to the exclusive jurisdiction and venue of the courts in Texas in all disputes arising out of or connected to the use of the Company's Sites. To the fullest extent permissible by law, these Terms of Use shall be governed by the laws of the State of Texas.

 

• You acknowledge that your acceptance of these Terms of Use does not create a joint venture, partnership, employment, or agency relationship between you and the Company.

 

• These terms of use apply to the company's representatives, successors, assignee, and licensors. Company may assign or transfer its rights, responsibilities, or obligations under these Terms of Use.

 

• A valid, enforceable replacement provision that most closely matches the intent of the original provision shall be deemed to supersede the invalid or unenforceable portion of these Terms of Use, and the remaining provisions of these Terms of Use shall remain in force. This applies to, but is not limited to, the warranty disclaimers and liability limitations set forth above.

 

 

Copyright and Trademark Notices

The trademarks, service marks, and logos (collectively, the "Trademarks") used and displayed on the website or in any Company sites are registered and unregistered trademarks of us and third parties and are unrestrictedly protected under U.S. and international trademark laws. Without the express written consent of the relevant Trademark owner, nothing on the Company's Sites, the related services, or in any other context should be understood as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the services, or Company Content. We vigorously and to the fullest extent permitted by law enforce our intellectual property rights. Without the owner's prior written consent, you are not allowed to use anybody else's or our trademarks in any form. We forbid using our emblem as a "hot" link to any other World Wide Web page unless we have given us prior written consent.

 

You acknowledge and agree that any software or technology underlying the services offered on or through the Company's Sites and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, or other data or copyright materials, including the selection or arrangement thereof, provided or made available to you through the Company's Sites or in conjunction with the Company's Sites are all owned, licensed, or otherwise in the sole and absolute possession of the Company and are safeguarded without restriction in accordance with international and U.S. copyright laws. You may not, in any way, commercially exploit the Company's Sites, Company Content, or the Company Sites Activity, in whole or in part, except as expressly permitted by us or in these Terms of Use, by copying, reproducing, publishing, performing, distributing, disseminating, broadcasting,  circulating, modifying, creating derivative works from, renting, leasing, selling, assigning, sublicensing, or otherwise transferring. Decompiling, disassembling, reverse engineering, reverse assembling, or making any other attempt to find the source code of the Company Content, the content of the Company's sites, or the services offered via such sites is not permitted in any way without our prior written consent. You are not permitted to save a sizable chunk of any company's websites, company content, or data supplied or made accessible through the services in any manner, including archival files, computer-readable files, or any other medium. Any Company Content, Company websites, or any services offered by the Company may not be "mirrored" on any server. The offender may be subject to civil liability and criminal prosecution under applicable international, federal, and state laws for any unauthorized or unlawful use of Company Content, Company's Sites Activity, or Company's Services, including Company's Sites Activity.

 

You are only permitted to access and use these services for noncommercial personal or educational purposes while they are available, and we grant you a limited, non-perpetual, revocable, nontransferable, non-exclusive, royalty-free license to access and use such services. You may download and print a reasonable number of copies of any documentation provided or made available in connection with the Company Content and/or receipt of the services provided through the Company's Sites, while these Terms of Use are in full force and effect; provided, however, that (i) any permitted copies of documentation provided or made available in connection with the Company Content contain, in their original, unaltered form, (a) all linguistic designations in the materials that we provided to you initially designating their confidential nature and (b) all copyright or other proprietary rights notices present in the materials that we first gave you, as well as a source credit to us and/or the appropriate third parties; (ii) you won't change any Company Content unless we've given our prior written consent. You agree that we and/or our affiliated providers and/or third-party service providers or suppliers (as applicable) are responsible for all tangible and intangible aspects of Company Content, Company Websites, and related services. This includes, but is not limited to, all patents, copyrights and trade secrets associated therewith. With the exception of the restricted rights mentioned above, you have no intellectual property rights. By accessing or using the Company's Sites, Company Content, or services in any other way, including without limitation by downloading or printing Company Content, you also do not acquire any license connected to the aforementioned. According to these Terms of Use, we reserve the right to cancel any rights we have granted you here.

 

Digital Millennium Copyright Act ("DMCA")

The intellectual property rights of others are respected by Company. If filed to Company's Copyright Agent as specified below, claims of copyright infringement on the Site will get a prompt response from Company in accordance with the DMCA. Following receipt of a report alleging copyright infringement, in its sole discretion, Company may take any appropriate action, including removing the allegedly illegal materials and blocking access to repeat offenders of copyrighted material.

 

Please give the following details to the designated Copyright Agent stated below if you believe that Company or a third party that contributed materials to our website violates your intellectual property rights:

 

1. An explanation of the work protected by copyright or other allegedly infringing intellectual property;

2. A description of the location on the website of the allegedly infringing content;

3. Contact information for you, including your home address, phone number, and email address, as well as, if different, a different email address that the accused infringer, if not Gateway ESL, can use to get in touch with you;

4. A declaration that you genuinely believe the use is not permitted by the owner of the copyright or other intellectual property rights, by the owner's agent, or by the law;

5. A declaration made by you under oath that the details in your notice are true and that you are the copyright or intellectual property owner or are permitted to speak on behalf of the owner;

6. Your physical or electronic (digital) signature. 

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Before removing any allegedly infringing content, Company may ask for more details. In the case that Company takes down the allegedly infringing content, Company will promptly let the individual who posted it know that the content has been taken down or access to it has been restricted. In order for the accountable party to respond to your accusations, Company may also give them your email address.