Term & Conditions
Last Updated: November 27, 2024
1. Your Acceptance
Welcome to the Terms of Service for Sign Language 101. This is an agreement (“Agreement”) between Sign Language 101, LLC (“Sign Language 101”), the owner and operator of the https://www.signlanguage101.com/ and any other Sign Language 101 branded websites along with any products or services sold via the website (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.
Please be aware that there are ARBITRATION , PAGA, AND CLASS ACTION PROVISIONS contained in this Agreement.
Throughout this Agreement, the words “Sign Language 101,” “us,” “we,” and “our,” refer to our company, Sign Language 101, LLC as is appropriate in the context of the use of the words. Where you purchase any services from Sign Language 101, LLC such services shall be agreed upon via the Sign Language 101, LLC Master Services Agreement executed by and between you and Sign Language 101.
By clicking “I agree,” purchasing any products, or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so.
2. Information Submission and Accounts
Users may access the Platform as permitted by us. Where required, users must register on the Platform before accessing portions of the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 13 to register and create an account. Where you are between the ages of 13 and 18 you must have a parent agree and consent to this Agreement on your behalf and you must have your parent’s permission prior to accessing the Platform. We reserve the right to verify all user credentials and to reject any users. Further we may request additional information or perform a background check prior to activating your account. We reserve the right to deny or restrict your account at our discretion. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Sign Language 101 immediately of any unauthorized use of your account or any other breach of security. Sign Language 101 will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. Each user is only entitled to one account and users may not share accounts with any third parties. If you are creating an account on behalf of an organization you agree that you have the authority to bind such organization and your organization shall be responsible for each authorized user’s use of the Platform. If your organization requires multiple licenses or authorized users you may be required to execute a Sign Language 101 Master Services Agreement to access the Platform or purchase any products.
Authorized Users
If you are an organization or entity that has multiple users connected to the same account (“Authorized User(s)”), you shall ensure that all Authorized Users abide by this Agreement at all times and shall fully indemnify Sign Language 101 for its Authorized User’s use of the Platform in accordance with the indemnification provisions set forth within this Agreement. Users are at all times responsible for: (a) monitoring and maintaining proper access controls and security for its Authorized Users; (b) ensuring that all Authorized Users abide by this Agreement or other guidelines or instructions issued by Sign Language 101; (c) complying with all reasonable instructions from Sign Language 101 regarding the Platform; (d) ensuring the accurate and complete registration of any Authorized User; and (e) restricting access to any Authorized Users or third parties that are not authorized to access the Platform. Each Authorized User must also enter into this Agreement with Sign Language 101 prior their use or access to the Platform.
3. Ownership
The Platform and any related services provided are owned and operated by Sign Language 101 including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software and all other content or any description available on the Platform or available via a link from Platform to a page created by Sign Language 101 on another website (collectively, the “Sign Language 101 Content”). The Sign Language 101 Content is the sole property of Sign Language 101 and/or its licensors. All Sign Language 101 Content is protected by United States and international copyright, trademark, service marks, patents, trade secrets and other proprietary rights and laws. The Sign Language 101 Content, any information found on the Platform, or any products purchased are for general informational and educational purposes only and is not to be considered advice. Do not take any actions or refrain from taking actions based on any information found on the Platform. Use of the Sign Language 101 Content for any purpose not expressly permitted in this Agreement or otherwise consented to by Sign Language 101 is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Sign Language 101 Content.
4. Privacy
Please read Sign Language 101’s Privacy Policy for more information regarding our collection and use of your information. The Sign Language 101 Privacy Policy is integrated into this Agreement by reference and you must agree to all provisions of our Privacy Policy before using our Platform or purchasing any products. You may not be required to create a user account when you use our Platform; however, we may collect information from you when you decide to order any products via the Platform.
5. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security, intellectual property, legal, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, intellectual property, legal, or other reasons.
6. Third Party Links
The Platform may contain links to third party websites that are not owned or controlled by Sign Language 101. Sign Language 101 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Sign Language 101 will not and cannot censor or edit the content of any third-party website. By using the Platform, you expressly release Sign Language 101 from any and all liability arising from your use of any third-party website.
7. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your actions and you agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Platform to stalk, harass, bully or harm another individual;
- You agree that you will not hold Sign Language 101 responsible for your use of the Platform;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Sign Language 101;
- You agree not to interfere with or disrupt the Platform;
- You agree to not violate any US federal laws, state laws, or local laws while using the Platform; and
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Sign Language 101 reserves the right to suspend or terminate your access at any time without notice or explanation.
8. Intellectual Property
The name “Sign Language 101,” the design of the Sign Language 101 Platform along with Sign Language 101 created products, text, writings, images, templates, scripts, graphics, interactive features, marks, and logos contained therein (“Marks”), are owned by or licensed to Sign Language 101. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Sign Language 101 reserves all rights to the Marks not expressly granted.
9. User Content
A user’s ability to submit or transmit any information through the Platform, including but not limited to text, information, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you, the user. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Sign Language 101 does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Sign Language 101, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, and otherwise use and reuse all or part of your User Content in any way we see fit, for commercial or non-commercial use. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata, and images that are used to render your User Content through our Platform.
10. Orders and Payments
Sign Language 101 may allow you to purchase items through our Platform. Where making a purchase you will be prompted to input your payment information or pay through a third-party payment portal. You agree that we may charge the full amount listed at checkout to your credit card or other payment method listed including taxes and other fees. Your payment information will be shared with our third party payment processor. By purchasing anything from our Platform you also agree to the Terms of Service of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us. An order contract is not created until we process your payment and send you an order confirmation notice.
11. Order Acceptance and Shipping
All product orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse shipments of products to you and to cancel any purchases for any reason at any time. Physical items need time to process and prepare for shipping, please be aware that all shipping times for any physical items are estimates and not guarantee of delivery. Shipping prices may vary between regions and any enroute shipping issues must be directed to the courier or postage service responsible.
12. Refunds
Refund Policy
At Sign Language 101 we want you to be satisfied with your purchases and if you are not completely satisfied with your purchase for any reason, you may return it to us for a refund, store credit, or an exchange subject to the following conditions. All physical items and online courses can be refunded or exchanged within thirty (30) days from the original date of purchase (“Refund Period”). Physical items returned must be in new and unused condition, with all original tags and labels attached. Online courses must meet the following criteria for return:
- You’ve completed less than 50% of the course.
- You have not previously received a refund for the course.
In order to request a refund, store credit, or exchange, please complete our Refund Request form. We will review your request and respond with confirmation or further instructions. For undelivered, defective, or damaged products, please let us know within thirty (30) days of the delivery date to arrange a refund or exchange.
Exchanges
Any exchanges permitted shall be based on your purchase price of the exchanged product minus any return or processing fees. You agree to pay any price different between any exchanged product and any other Sign Language 101 product selected. Where any exchange results in an excess balance such balance may not be redeemed for cash. Where you have an excess balance for any exchange such balance shall be added as credit to your account. We reserve the sole discretion in permitting any exchanges.
Returns
After filling out the refund request form any physical items must be postmarked for return shipment within thirty (30) days of the delivery date. Please note, you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to mail your return. Do not ship any physical items until you have contacted us and received a response. After receiving your return and inspecting the condition of your item, we will process your return (excluding any shipping fees) or exchange. Once a refund has been initiated we are not able to reverse such refund. Refunds will be processed to the original form of payment which may take up to one or two billing cycles. Where a refund is exchanged for store credit such credit may take five (5) to ten (10) business days to appear in your account.
Exclusions
Any refunds requested outside of the Refund Period are invalid. We will notify you by email when your return has been processed. We do not grant refunds for any subscription services purchased on the Platform unless otherwise required by applicable law.
Sign Language 101 Discretion
Sign Language 101 shall have sole and final discretion in granting or denying any refunds. At our discretion, if we believe you are abusing our refund policy, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict your use of the Platform. If we ban your account or disable your access to the content due to your violation of this Agreement, you will not be eligible to receive a refund.
13. Chargebacks
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
14. Credit Card Declines
Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.
15. Digital Download Purchases
For any Sign Language 101 Content that is digitally downloadable or accessible after purchase through the Platform the following conditions shall apply. For each digital download purchase you are granted a limited, non-assignable, non-sublicensable, revocable, terminable, non-exclusive worldwide license to use such digital download purchase for your own personal educational use. If you access any Sign Language 101 Content through our Platform, we provide you with the same rights to access such content as the license above. You do not receive any ownership interest to any digital download or any other purchased Sign Language 101 Content merely the license granted. Except as provided otherwise by us, you may not make public, share, repurpose, make derivative works with, publish, distribute, or otherwise make available any portion of the Sign Language 101 Content. You may only retain one copy of your digital download purchase and you may not make any copies of such digital download. Further, you may not share your license with any third parties. If you have violated this Agreement or the license terms stated above we reserve the right to revoke your license or rights granted within this section. Please be aware that some purchases may expire and after such expiration you will be required to purchase an extension or repurchase. Where any purchase has expired, we are not required to offer the same purchase or pricing terms as previously offered to you.
16. Multiple Licenses Purchased
Where you are an organization or entity wishing to purchase multiple licenses from Sign Language 101 such purchase shall be governed by the SIGN LANGUAGE 101 MASTER SERVICE AGREEMENT. Where this Agreement and the Sign Language 101 Master Service Agreement directly conflict, the Sign Language 101 Master Service Agreement shall control.
17. Gift Purchases
Gift Purchases and Gift Codes
Gift courses purchased through Sign Language 101 are subject to specific terms and conditions as set forth at the time of purchase. Each gift purchase generates a unique gift code that the recipient must redeem within twelve (12) months from the purchase date. Once redeemed, the course access follows our standard course terms.
Gift Returns and Refunds
Unredeemed gift codes may be refunded within thirty (30) days of the purchase date. Only the original purchaser can request a refund for an unredeemed gift code, which will be processed to the original payment method. If a gift code has already been redeemed by the recipient, the standard course refund policy applies.
Gift Exchanges
Unredeemed gift codes may be exchanged for courses of equal value within thirty (30) days of purchase. If an exchange is requested for a course of a different value, adjustments will be made as follows: For higher-value courses, the original purchaser must pay the price difference; for lower-value courses, the difference will be issued as store credit. After a gift code is redeemed, it can only be exchanged for another course of equal value if the course is less than 50% completed, in line with our standard completion criteria.
Restrictions
Gift codes are subject to certain restrictions. They cannot be redeemed for cash, combined with other promotional offers, transferred after redemption, or extended beyond their expiration date except where required by law. Additionally, subscription services purchased as gifts are non-refundable and non-exchangeable, except where required by applicable law.
Recipient Rights
Recipients of gifted courses have the right to request a refund if they meet the standard course refund criteria. Refunds for redeemed gift courses will be issued as store credit to the recipient. All standard course refund policies, including the completion threshold, must be met by the recipient.
Sign Language 101 reserves the right to modify these terms or make exceptions at its sole discretion. Additionally, these gift policies are subject to our general refund policy terms, including our right to deny refunds in cases of policy abuse. If you are having trouble accessing any gift purchase please contact us at hello@support.signlanguage101.com.
18. Taxes
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes owed, including, but not limited to, sales tax.
19. Product Issues, Availability, and Pricing
It is possible that some of the products listed on our Platform may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on any product pages. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled. Please be aware that all photos of any products on the Platform are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Platform, it is possible that some photos shown on our Platform may not exactly match the actual product.
20. Pricing and Free Trials
Free trials, special pricing, and discount codes (“Pricing Offers”) may be offered by us at our discretion. Pricing Offers are non-transferable, have no cash value, and may not be combined or used retroactively. You must meet all eligibility criteria to use any Pricing Offer. We reserve the right to restrict, limit, revoke, rescind, or cancel any Pricing Offers or discontinue any Pricing Offers at any time and at our discretion. Any acceptance of your use of a Pricing Offer is at our discretion. Pricing Offers are subject to additional terms, conditions, and restrictions as stated and may be subject to verification. We reserve the right to terminate or restrict your account where we determine that you have misused any Pricing Offer.
21. Limitation of Liability; Representations and Warranties
USE OF THIS PLATFORM INCLUDING ANY SERVICES PROVIDED, THE SIGN LANGUAGE 101 CONTENT, AND ALL PRODUCTS AND ITEMS PURCHASED, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
A. EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED WITHIN THIS AGREEMENT, THE PLATFORM, ANY SERVICES, AND ALL PRODUCTS SOLD ON THE PLATFORM ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
B. SIGN LANGUAGE 101 DOES NOT WARRANT THAT THE PLATFORM, ANY SERVICES OFFERED, OR ANY PRODUCTS OR ITEMS SOLD WILL BE: (1) UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; (3) FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) BE ACCURATE, FUNCTIONAL, OR RELIABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE PLATFORM, OUR SERVICES, AND OUR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIGN LANGUAGE 101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE SPENT ON YOUR PURCHASES VIA THE PLATFORM OR ONE HUNDRED US DOLLARS ($100 USD), WHICHEVER IS GREATER. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY SIGN LANGUAGE 101’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.
22. Release
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED. YOU RELEASE US FROM ANY LIABILITY (INCLUDING LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH), RELATING TO ANY SIGN LANGUAGE 101 CONTENT, OUR SERVICES, AND PRODUCTS SOLD, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED OR ANY CLAIM YOU HAVE AGAINST US. YOU UNDERSTAND THAT THE USE OF SOME PRODUCTS PURCHASED INVOLVES CERTAIN RISKS, HAZARDS, AND DANGERS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, THE RISK OF BODILY INJURY, PROPERTY DAMAGE, AND DEATH. YOU AGREE THAT YOU HAVE VOLUNTARILY CHOSEN TO PARTICIPATE IN AND USE THE PRODUCTS SOLD, KNOWING THE RISKS INVOLVED.
23. Indemnity
You agree to defend, indemnify, and hold harmless Sign Language 101, its officers, directors, agents, affiliates, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
- Your use of any Sign Language 101 products and services;
- Your violation of any term of this Agreement; and
- Your use of the Sign Language 101 Platform.
This defense and indemnification obligation will survive the termination or expiration of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
24. Takedown Notice
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Sign Language 101, legal@signlanguage101.com or Sign Language 101, PO Box 40778, Austin, TX 78704.
Counter Notice
In the event that you receive a notification from Sign Language 101 stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: legal@signlanguage101.com or Sign Language 101, PO Box 40778, Austin, TX 78704
25. Choice of Law
This Agreement shall be governed by the laws in force in the state of Texas. The offer and acceptance of this contract is deemed to have occurred in the state of Texas.
26. Forum
By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, Sign Language 101 or the Platform arising out of, relating to, or connected in any way with this Agreement or any products purchased shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Consumer Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Austin, TX; (3) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Sign Language 101 ’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, both parties shall be entitled to appear using written briefs, electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the AAA, 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, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Sign Language 101 shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. This arbitration agreement does not apply to any intellectual property infringement claims or any claims that require injunctive relief all such claims shall be heard in a court of competent jurisdiction located within Travis County, TX.
27. Arbitration Opt Out
You may opt-out of this dispute resolution provision by notifying Sign Language 101 within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Sign Language 101, PO Box 40778, Austin, TX 78704 , United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Sign Language 101 through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Travis County, TX.
28. Class Action Waiver
You and Sign Language 101 agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
29. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, pandemic, or any other event beyond our control.
30. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Sign Language 101 are deemed to conflict with each other’s operation, you agree that Sign Language 101 shall have the sole right to elect which provision remains in force.
31. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as a waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
32. Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licensing, ownership provisions, warranty disclaimers, indemnity, class action, arbitration, and limitations of liability. You agree that we are not required to provide you with access to our Platform and may terminate our Platform at any time and for any reason.
33. Termination
We may terminate your access to the Platform or this Agreement if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm the Sign Language 101 Platform, our business interests, or any third party, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
You may terminate your account by contacting us at hello@support.signlanguage101.com, please be aware that upon account termination portions of the Platform may become immediately unavailable.
34. Age
All users who access the Platform must be thirteen (13) years of age or older. In order to purchase anything from the Platform you must be eighteen (18) years of age or older.
35. Continuing Education
Sign Language 101 may offer Continuing Education Units (CEUs) to users of the Platform. Upon successful course completion, you will receive documentation, including a dated certificate, the number of hours completed, an outline of the course curriculum, and verification of course completion. To receive a CEU certificate, students must fully complete the course, meet all outlined requirements, actively engage and participate, and submit any required assessments. CEU certificates are only issued upon successful completion of any course. We make no representation or warranty as to whether any CEU fulfills any requirements as set forth by your organization, governing body, or employer nor that the CEUs will meet any specific professional development standards. It is your sole responsibility to confirm whether your organization, employer, or licensing board will accept CEUs from Sign Language 101 and you release Sign Language 101 from any liability related to any CEU or CEU certification. Further you agree that you are solely responsible for any deadlines, submission requirements or the maintenance of accurate records related to any CEU. Sign Language 101 also does not provide retroactive CEU certification for previously completed courses. Sign Language 101 reserves the right to modify CEU policies at any time, require additional verification from you before issuing CEUs, and withhold CEUs if course requirements are not met. Additionally, CEU values may be adjusted to reflect changes in course content.
36. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
37. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
38. Electronic Communications
The communications between you and Sign Language 101 use electronic means, whether you visit the Platform or send Sign Language 101 e-mails, or whether Sign Language 101 posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you: (1) consent to receive communications from Sign Language 101 in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Sign Language 101 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
39. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Sign Language 101 must be sent to Sign Language 101, PO Box 40778, Austin, TX 78704 , or via email: Sign Language 101 legal@signlanguage101.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.