Welcome to www.EnglishProfi.com (“EnglishProfi.com”, “English Profi” or the "Website"), English Profi is a platform for professionals offering English language consulting, training, translating, voice over, seminars, localization and interpreting services offered both face-to-face and on-line. English Profi’s goal is to help you (the user, the site visitor, Member, Specialist) by providing the most helpful services and best possible products. All the features and functionality of our Website are to be determined solely by English Profi and are subject to change or termination without notice.
To ensure that we provide a safe and friendly environment for all of our users, we have established these TERMS OF USE. It spells out just what you, an English language specialist (“Specialist”), member (“Member”) or user, of this website can expect from us and what we can expect from you. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THEY ARE LEGALLY BINDING ON YOU. By using this Web site, you signify your agreement to these Terms of Use. (Note: The use of the word "Terms" also includes the term and concept of "Conditions.") We reserve the right, at our discretion, to modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our Website, as we may decide in our absolute discretion. We take very seriously all attempts to abuse, misuse or disrupt our Website or our customers.
Specialists found on English Profi should only be contacted for interview or potential contracting or hiring purposes by registered EnglishProfi.com visitors. We will pursue every reasonable effort to protect our Members and Specialists from unwanted spam, nuisance contact and persons not primarily and seriously interested in the services offered by our Specialists in their profile.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Any and all information you provide in your registration and profile form must be accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
English Profi’s Service:
English Profi provides a platform where an English Specialist may present his or her profile of experience and knowledge to sell services to interested registered EnglishProfi.com visitors (“Members”). English Profi makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for the services given by the Specialist. Therefore, Specialists are encouraged to verify the details of Members to whom Specialists consider offering services. Members are also encouraged to verify the details of Specialists. English Profi does not screen, verify, confirm or deny the qualifications of the Members or Specialists on our Website. Members are responsible to conduct all background and reference checks of Specialists they seek services from.
1. RESTRICTIONS ON USE OF MATERIALS
All materials on this site, including but not limited to text, images, designs, audio, graphics, logos, software, and the like(collectively called the "Materials"), are owned or licensed by EnglishProfi.com or its content suppliers and protected by any local, state, national, and international laws. All trademarks, service marks, and trade names are proprietary to English Profi. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from our Website without the prior written permission of English Profi. However, you may download or make one copy of the Materials and other downloadable items for personal, noncommercial home use only, provided all copyright and other notices on the Materials are left intact. Any modification or use for the Materials for any other purpose is an infringement of English Profi's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission of English Profi.
2. ONLINE CONDUCT
A Member or Specialist will be solely and fully liable for all postings, advice, services, transmissions and conduct that are made under their user name and password. Any communication which you post to our Web site is non confidential, and user agrees to use EnglishProfi.com only for lawful purposes. You shall not post or publish on our Website any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law. If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our Web site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Website; and (iii) to protect the rights or property of our Website, its users, or providers.
EnglishProfi.com reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our company, or any third party. Provided, however, neither we nor our provider(s) can ensure the prompt removal of questionable content after online posting. Accordingly, neither our Website nor any of its officers, employees, or representatives shall assume liability for any action or inaction taken with respect to removing such material from our Website. Our Website shall be used only for personal uses consistent with our site's operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services other than your English language services. You specifically acknowledge that soliciting any users of this website to become members of any commercial online service or other organization is expressly prohibited. Members and Specialists agree that any information or content that Members and Specialists post or transmit through EnglishProfi.com will not be considered Member’s or Specialist’s confidential information, but rather this information, whether personal in nature or not, shall be owned by English Profi. By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, unlimited, irrevocable, nonexclusive right and license to use, publish, modify, and distribute the content worldwide, including the right to use it in other works in any form, media, or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content.
Any advice, services, or offers that are expressed by you, or made available by third parties, are those of the respective authors - and not of EnglishProfi.com or any of our officers, employees, or representatives. Neither English Profi nor any of its representatives guarantee the accuracy, completeness, or appropriateness of any content, opinion, or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damage, or harm caused by a user's reliance on any information obtained through this Website. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this Website. English Profi reserves the right to correct spelling, omit, modify or edit any content added to English Profi by Members or Specialists including the content in any profile or posting found on English Profi.
Member and Specialist will not attempt to provide any service that he or she is not qualified to provide and will not mislead Members to believe that he or she can provide a service which is outside their expertise.
Specialist agrees to abide by the English Profi pricing terms before and while using English Profi. Specialist will not attempt to avoid fees for the services offered by EnglishProfi.com. Specialist will not attempt to post contact information in their profile or anywhere else on our Website. English Profi will provide a contact link in the Specialist’s profile to facilitate easy contact between Members and Specialists. Members or Specialists found violating these terms or attempting to avoid fees will be swiftly and permanently banned from the Website. English Profi has no interest in cheating customers or unethical customers.
Specialists and Members will not attempt to manipulate the integrity of the feedback system on English Profi. English Profi reserves the right to exclude any feedback that we believe may lessen the truthfulness of the feedback system.
Use of improper or offensive language ANYWHERE on English Profi is prohibited.
THIRD-PARTY SUBMISSIONS
User may upload to or distribute on our Website only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, date, owned by[name of owner]; used by permission.". The unauthorized submission or distribution of copyrighted or other proprietary content is illegal. In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections to us, in care of [State E-mail Address for complaints about Copyright infringements]. We will address those concerns in accordance with that Act. Our company, its officers, and representatives will not be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.
4. LINKING FROM AND TO THIS WEB SITE
To the extent that this Website has links from and to other websites, we cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular web site.
Any link to our web site is subject to our approval, conditions, and agreement, as we may decide in our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
5. TERMINATION OF USE
EnglishProfi.com reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitation, if we believe that any customer's conduct violates applicable law, is harmful to another user's interest, or is harmful to the company's, a third party's, or a service provider's interests.
6. DISCLAIMER
Please use your best judgment in evaluating all information contained or opinions expressed on the EnglishProfi.com site. It is the policy of the EnglishProfi.com site not to endorse or oppose any opinion expressed by a user or content provided by a user, contributor, or other independent party. You expressly agree that your use of the EnglishProfi.com site is at your sole risk. Neither the EnglishProfi.com site nor any of its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, affiliates, licensors or other suppliers providing content, data, information or services warrants that the EnglishProfi.com site or any Internet site linked to or from the EnglishProfi.com site will be uninterrupted or error free, that defects will be corrected, or that this site, including the interactive areas, or the server that makes it available are free of viruses or other harmful components. Nor do any of them make any warranty as to the results that may be obtained from the use of the EnglishProfi.com site or any Internet site linked to or from the EnglishProfi.com site or as to the timeliness, sequence, accuracy, authority, completeness, usefulness, non infringement, reliability, availability, or substance of any content, information, service, or transaction provided through the EnglishProfi.com site or any site linked to or from the EnglishProfi.com site. The EnglishProfi.com site is provided on an "as is," "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
7. LIMITATION OF LIABILITY
Under no circumstances shall the EnglishProfi.com site, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, the EnglishProfi.com site, or any Internet site linked to or from the EnglishProfi.com site, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records.
Under no circumstances shall the EnglishProfi.com site, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the EnglishProfi.com site or the content contained within any Internet site linked to or from the EnglishProfi.com site. The content within the EnglishProfi.com site and the content within Internet sites linked to or from the EnglishProfi.com site may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of the EnglishProfi.com site and specifically are included in this section agreement. The EnglishProfi.com site and its contributors may make improvements and/or changes in the content at any time and from time to time.
You specifically acknowledge and agree that the EnglishProfi.com site is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any EnglishProfi.com site site-content, or with the access agreement of the EnglishProfi.com site, in whole or in part, your sole and exclusive remedy is to discontinue using the EnglishProfi.com site.
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
8. INDEMNITY
You agree to indemnify, hold harmless, and defend EnglishProfi.com, our employees, officers, directors, agents and providers from and against all claims, actions, or demands, including reasonable legal fee and court costs, resulting from any breach by you of these Terms of Use or other liability.
9. MISCELLANEOUS
This agreement comprises the entire agreement between the EnglishProfi.com site and you, and supersedes any prior agreements with respect to the subject matter herein. The EnglishProfi.com site may revise this agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the EnglishProfi.com site. You agree to review this agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the EnglishProfi.com site. Your continued accessing and use of the EnglishProfi.com site following notice of any such revision shall conclusively be deemed acceptance of all such revisions. If any provision of this agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the EnglishProfi.com site to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. This agreement shall be governed by the laws of the state of Baden-Württemburg in Germany, excluding its conflict of laws rules, and you and the EnglishProfi.com site each submit to the exclusive jurisdiction of the courts of that state or province. This agreement is personal to you and you may not assign your rights or obligations there under to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the EnglishProfi.com site have been done strictly for clarification and identification and does not constitute endorsement by the EnglishProfi.com site of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the EnglishProfi.com site by such trademark, service mark or link owner.