Thank you for choosing Stateside Sounds, A Subscription to Better English (a service of Stateside Sounds, Inc., the "Company"). In order for you to become a subscriber of our services you must acknowledge your acceptance of these Terms and Conditions (the "Terms") and that they (the Terms) will be legally binding on you. We recommend that you bookmark or print these Terms for you reference.
CONTACT INFORMATION: You may contact Stateside Sounds, Inc. at any time by sending an email to Customer Service at service@statesidesounds.com. Alternatively, you may complete our online form or write to us at 504 Indian Trail Rd., Suite 201-B, Lilburn, GA 30047, USA.
1. GENERAL.
a) Language Services. Stateside Sounds, A Subscription to Better English, consists of verbal and written English language dialogues and exercises purchased on a subscription basis (the "Service"). The Company also makes available for purchase other language products and services targeted to learners of English as a Second Language . Stateside Sounds, Inc. reserves the unrestricted right to determine the content, timing and pricing of the Service. We will post on our website at www.statesidesounds.com and/or notify you by email of any material changes to our Service.
b) Use Limitations. We provide the Service and other products only for your personal, non-commercial use. You agree not to make commercial use of the Service or to duplicate, transmit, or repackage the contents of the Service. Language institutes and schools, and their teachers, are restricted by the terms of use outlined at the time of licensing or purchase. ANY VIOLATION OF THE TERMS OF USE CONSTITUTES AN INFRINGEMENT OF COPYRIGHT AND MAY SUBJECT YOU TO CIVIL OR CRIMINAL PENALTIES.
c) Country Limitations. At present we are not able to offer products or services in the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria.
2. SPECIAL OFFERS; CHANGES TO TERMS AND CONDITIONS.
a) Special Offers. We may from time to time make available special offers which supplement or modify the terms and conditions set forth in these Terms. Details of such special offers, including eligibility requirements for participation, will be made available separately. In the event of any conflict between these Terms and the terms of such offers, the terms of such offers shall govern. Only offers made or expressly authorized by Stateside Sounds, Inc. can alter the terms and conditions set forth in these Terms.
b) Changes to Terms and Conditions. We reserve the right to change these Terms from time to time. If we make any material changes, we will notify you by email. You have the right to cancel the Service at any time if the Terms are not acceptable to you. Should you not cancel within 30 days of receipt of notification of such changes, you affirm your agreement to the Terms as amended.
3. PAYMENT TERMS AND DELIVERY NOTIFICATION.
Unless otherwise noted, all products and services must be paid for in full in advance according to the payment mechanisms made available on our website. Should you purchase the Service, you agree as follows:
a) Subscription Fee. You must
pay for the Service by credit card or by debit/check
card acceptable to the Company, or by a USD
check drawn on a US financial institution, or
by such other method as may be accepted from
time to time by the Company. The Company will
send you a receipt of payment via email at the
time you submit your order. Unless specifically
requested in writing, we will not provide a
paper receipt through the mail.
b) Recurring Payment. If you
elect at the time of subscription to "pay as
you go", you hereby authorize the Company to
automatically initiate the bimonthly charge
to the credit card you have provided us. Should
the payment authorization for any charge be
refused, then the Company will notify you via
email to arrange for a different method of payment.
The Company will not ship or make available
in digital form the then current edition of
the Service until it receives payment in full
of any amounts owed. The Company reserves the
right to cancel your subscription at any time.
Under the "pay as you go" scheme, you may cancel
your subscription at any time by sending an
email to service@statesidesounds.com.
c) Administrative Fees. The
Company may charge you one or more of the following
fees, all of which are subject to change:
1. Collection Fee. Should you present a check which has to be sent for collection outside of the United States, we may charge you the actual collection fees charged by our bank.
2. Return Item Fee. If any bank or other financial
institution refuses to honor any payment of
yours, we may charge you a return item fee in
the amount of US$20.00, or the maximum amount
permitted under applicable law. You acknowledge
that this collection fee is not an interest
charge, finance charge, time price differential
or other such charge or payment of a similar
nature and that it is reasonably related to
the actual expense we incur due to unsatisfied
payment
3. Cancellation Fees: If you cancel your subscription of the Service prior to the end of a one-year or other prepaid subscription, we may charge you a cancellation fee of up to $10.00. No cancellation fee will apply if you cancel prior to shipment of your second edition of the Service. PLEASE REFER TO SECTION 4 FOR A DESCRIPTION OF OUR CANCELLATION AND REFUND POLICY.
4. Other Administrative Fees: If you make special requests related to your account, the Company reserves the right to charge other administrative fees to offset our costs.
d) Questions About Your Bill.
If you have a question about our services or
your bill, or if you would like to change any
of the terms of your subscription, please contact
Customer Service as provided on the first page
of these Terms. We will respond to you as promptly
as we can. If you write or e-mail Customer Service,
please include the following information:
o Your name and address
o Your email address
o The specific details of your question.
If you wish to dispute any charge, you must contact us within 45 days after the due date of the payment in question. OTHERWISE, YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE.
e) Confirmation of Delivery.
After shipment of a new edition of the Service,
the Company may send a request by email asking
you to confirm whether you have received such
edition. You agree to respond to such requests
promptly, and you acknowledge that failure to
respond to such requests may result in cancellation
of your subscription to the Service. In addition,
should you fail to notify the Company by the
30th day following a notice of shipment from
us that you have not received the edition in
question, you agree that this constitutes a
confirmation that the edition in question has
been received and that our obligation to you
(with respect to such edition) has been fulfilled.
f) Change of Address or Credit or Charge
Card Information. You agree to notify
Customer Service immediately of any change in
your name, billing address, shipping address,
e-mail address, telephone number or credit card
or payment information.
g) Taxes and Duties. You are
responsible for all taxes, duties, tariffs,
and other government fees and charges, if any,
which are assessed based on the shipping address
on your account.
4. CANCELLATION AND REFUNDS.
a) Term. The term of your
subscription to the Service is determined by
you at the time of purchase. If you choose the
"pay as you go" method (bimonthly payments),
the term of the Service is indefinite and will
continue until cancelled by you.
b) Your Cancellation. You
may cancel your subscription to the Service
at any time by notifying Customer Service. To
avoid being charged for any further editions
you must provide your notice of cancellation
at least five business days prior to the shipment
of the next future edition. Otherwise, we will
consider that you have paid for that edition.
Any editions already paid for or shipped are
not eligible for refund. For your convenience,
we have posted our planned shipping dates in
the Frequently Asked Questions section of our
website. [A business day is a day in which businesses
generally are open for business in the USA (i.e.
excludes Saturdays, Sundays and national holidays).]
If you have selected the "pay as you go" method and you cancel at least five business days prior to the shipment of the next future edition, we will discontinue all further charges to your credit card and your subscription to the Service. No cancellation fees will apply.
If you cancel your subscription to the Service prior to the expiration of a prepaid subscription (such as a one-year subscription), you will receive a refund of any unused subscription and shipping fees based on the number of editions remaining in your subscription (less a$10 cancellation fee, if applicable). Please see the sample calculations below.
Example of Calculation of Refund Amounts:
| |
Assumptions |
| Cancellation Fee |
$10 (see Section 3c.) |
| Subscription Period: |
One year |
| Subscription Fee: |
$72 ($12/edition) |
| Shipping: |
$18 ($3/edition) |
| Total: |
$90 ($15/edition) |
| Cancellation Date |
Refund Amount |
| Anytime before shipment of first edition* |
$90 |
| Five business days prior to shipment of second edition* |
$90 - $15 = $78 |
| Five business days prior to shipment of third edition |
$90 - (2*$15) - $10 = $50 |
| Five business days prior to shipment of fourth edition |
$90 - (3*$15) - $10 = $35 |
| Five business days prior to shipment of fifth edition |
$90 - (4*15) - $10 = $20 |
| Five business days prior to shipment of sixth edition |
$90 - (5*15) - $10 = $5 |
*No cancellation fee applies
c) Our Cancellation. We may
cancel your subscription at any time if you
fail to pay amounts owing to us when due (subject
to any applicable grace period), violate or
breach any of these Terms, or for any other
reason. If your subscription is cancelled, you
will still be responsible for payment of all
outstanding balances accrued through the cancellation
date, including any fees described in Section
3.
5. PRIVACY. The Company's
Privacy Policy is incorporated herein by reference.
6. LIMITS ON OUR RESPONSIBILITY.
a) DISCLAIMERS.
1. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, ITS SUITABILITY FOR YOUR LANGUAGE LEARNING OBJECTIVES, OR EQUIPMENT THAT YOU MIGHT CHOOSE TO EMPLOY IN LISTENING TO OR USING THE SERVICE.
2. STATESIDE SOUNDS, A SUBSCRIPTION TO BETTER ENGLISH, IS A LANGUAGE LEARNING SERVICE AND NOT A NEWS PUBLICATION. IN OUR DIALOGUES WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE IN CITING ANY NEWS, STATISTICS, "FACTS," OR OTHER INFORMATION. HOWEVER, THE COMPANY MAKES NO REPRESENTATION AS TO THE ACCURACY OF THE INFORMATION QUOTED IN ITS DIALOGUES AND ASSUMES NO LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS, ERRORS OR OMISSIONS.
b) LIMITATIONS OF LIABILITY.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
OR SPECIAL DAMAGES OR LOSSES RELATING TO THE
USE OR PURCHASE OF THE SERVICE OR RELATING TO
THE FIXED OR PORTABLE EQUIPMENT EMPLOYED BY
YOU TO LISTEN TO OR USE THE SERVCE, WHETHER
BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
THEREOF. THIS LIMITATION OF LIABILITY EXTENDS
TO ANY LOST DATA, RECORDS, PROFIT, INTERRUPTION
OF SERVICE, OR ANY OTHER LOSS ARISING FROM COMPUTER
VIRUSES OR OTHER DATA CORRUPTION PROBLEMS THAT
MAY RESULT FROM ACCESS TO, DOWNLOADING OF OR
USE OF THE SERVICE. IN NO EVENT WILL OUR TOTAL
LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING
THE SERVICE, REGARDLESS OF THE CAUSE, EXCEED
THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE
SERVICE THAT YOU RECEIVED DURING THE SIX MONTH
PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT
THAT GAVE RISE TO THE DAMAGE OR LOSS CLAIMED.
THIS LIMITATION OF LIABILITY AND YOUR AGREEMENT
THERETO CONSTITUTE A FUNDAMENTAL ELEMENT OF
OUR AGREEMENT TO PROVIDE THE SERVICE.
The exclusion above may not apply to you depending on the law of the jurisdiction where you reside. These Terms give you specific legal rights, and you may have other rights according to the jurisdiction in which you live.
7. WAIVER TO TRIAL BY JURY.
You waive your right to trial by jury. Any disputes will be resolved in good faith by the two parties or under rules of binding arbitration in the jurisdiction in question. Nothing in these Terms shall affect our ability to terminate your subscription for non-payment of amounts owed to us when due.
8. MISCELLANEOUS.
a) Notice. Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) set forth at the beginning of these Terms.
b) Applicable Law. The interpretation and enforcement of these Terms shall be governed by the rules and regulations of the internal laws of the State of Georgia (United States of America). These Terms are subject to modification if required by such laws
c) Assignment of Account. We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment.
d) Other. These Terms make up our entire agreement relating to your subscription of the Service. No salesperson or other representative is authorized to change it for you, although Stateside Sounds, Inc. may modify it without prior notice to you (see Section 2). If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed.