Terms of Service

www.talkitout.cl

Terms of Service Overview.

1.1 Capitalized terms are defined in the body of these Terms of Service or in Section 10.

1.2 The Company owns and operates the TalkitOut site which is available through www.talkitout.cl  (the “Website” or the “Site”). We offer you the opportunity to practice English through our online services and site functionality, (collectively, the “Service”).

1.3 The following is a brief summary of certain terms and conditions contained in these Terms of Service. However, this summary is provided for your convenience only; therefore, you should read the entire Terms of Service before agreeing to them. You are granted the right to use the Service, subject to these Terms of Service. This right of use is limited to you, as an individual (not as a partnership, business or corporate entity), and is non-transferable unless expressly agreed to in writing by the Company. In order to take full advantage of the Service, you will be required to accept the end user license agreement and the terms and conditions for any other related software and hardware. Your refusal to accept the terms of such agreements may limit your ability to fully utilize the Service. Notwithstanding anything else contained herein, the Service will be available for use upon registration of your details along with payment for Modules including any applicable renewals. The Service only works with your personal computer and compatible devices. We reserve the right to make periodic updates to the Service, with or without notice. The Service includes security and tamper-evident features that, if activated, may cause content previously available for use to become unavailable thereafter. You must be at least 18 years of age to accept these Terms of Service, provided, however, that if you are under 18, your parent or legal guardian may accept these Terms of Service on your behalf. By using the Service, you consent to the collection, processing and use of all information relating to your use of the Service, which is collected and handled in accordance with the terms of our Privacy Policy. You understand that you may encounter content that is objectionable to you. We reserve the right, at our sole discretion, to change these Terms of Service at any time without notice. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent before implementing any such changes. TalkItOut disclaims, to the fullest extent permitted by law, certain representations and warranties relating to the Service, and limits its liability in connection therewith. If you have any questions about these Terms of Service, or wish to contact us for any reason, please contact us via whsp at the phone number listed on the website www.talkitout.cl 

2. Permission to use the Service; Reservation of Rights.

By agreeing to these Terms of Service, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to enter, access and use the Service solely for your personal, non-commercial use. All rights not expressly granted to you in these Terms of Service are reserved by the Company. You agree that this permission is for your personal, non-commercial use and that no one other than you will use the Service. You have no rights to copy or reproduce in whole or in part any portion of the Service, including without limitation the TalkItOut content. Other than the limited license granted in Section 2, you have no other right, title or interest in the Service. You understand and acknowledge that in all circumstances your rights with respect to the Service will be limited by applicable copyright or intellectual property laws and these Terms of Service.

3. Service Description.

3.1 Generalities.

3.1.1 Your Account and Registration Information. You may browse, preview and search within the Service without opening a TalkItOut Account or providing registration information. However, any other use of the Service and access to content will require you to open an account and provide registration information to the Company.

3.1.2 Access to TalkItOut Content. Ownership of TalkItOut Content is further defined in Section 8 (Intellectual Property) of these Terms of Service. You may access TalkItOut Content as many times as you wish, provided you have subscribed to the Service. You are also permitted to transfer TalkItOut podcasts to certain portable devices for personal, non-commercial use. You may also burn TalkItOut podcasts to CD or DVD for personal, non-commercial use. However, once you have transferred and/or recorded TalkItOut Content to such media, you agree not to copy, reproduce, distribute or transfer such content to any other media or device, or distribute or transfer such content to any other person or third party. The recording and transfer functions of TalkItOut Content are solely for your convenience and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright holders of the TalkItOut Content, including any musical compositions therein.

3.1.3 Additional Software and Hardware Terms. Please note that there may be separate end-user license agreements and terms of service that you must agree to for any hardware and software that you use in connection with the Service, or that may interact with the Service. Your refusal to agree to the terms of such agreements may limit your ability to fully utilize the Service. In addition, the Service only works with compatible devices.

3.1.4 Access to TalkItOut Teens Content. You, your child (and/or any minor under your legal guardianship) are hereby granted the right to use the Service, subject to these Terms of Service. In addition, by using the Service, you agree to the collection, processing and use of all information relating to your use of the Service, all of which is collected and managed in accordance with the terms of our Privacy Policy.

.4. Promotions

The Company, and certain third parties, may from time to time place advertisements or present promotional offers and materials on or through the Service. Your participation in any promotion or offer is subject to any applicable rules relating to the promotion. Your dealings with other entities or third parties, as well as your participation in third party promotions or offers advertised or appearing on the Service, are solely between you and such third party. Please note that you must be at least 15 years of age to participate in any promotion or offer that is connected or related in any way to the Service. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING AS A RESULT OF SUCH DEALINGS OR THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

5. Restrictions. Your use of the Service is subject to the following restrictions:

5.1 Company Rules and Policies. When using the Service, you will be subject to any other guidelines or rules applicable to specific services and features that may be posted from time to time (the “Guidelines”). All Guidelines are incorporated by reference into these Terms of Service. These Guidelines will apply generally on a non-discriminatory basis to all end users of the Service and may include, for example, required or automatic software updates, modifications, and reinstallations, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications, and similar operations may be performed periodically or as needed, without prior notice. You further understand that certain aspects of the Service are capable of monitoring themselves and may create special identification for security and tamper detection purposes. Your access to certain applications is subject to restrictions for security reasons or pursuant to consistently enforced TalkitOut Content protection policies. You understand and agree that Content previously available for use may no longer be available.

5.2 Age requirement. You must be at least 18 years of age to agree to and accept these Terms of Service on your behalf. If you are under 18, your parent or legal guardian must agree to these Terms of Service and register for the Service on your behalf. Pursuant to the Children's Online Privacy Protection Act, as amended from time to time, if you are under 15 years of age, you are requested not to provide any information to the Company, whether through use of the Service, participation in any promotions, contests or sweepstakes related to the Service, or through any other activity.

If a minor voluntarily wishes to participate and/or intends to become involved in any commercial or advertising campaign of the Company, local regulations regarding child protection and privacy must always be respected where such advertising is intended to be carried out. Any provision to the contrary will be void since children's privacy rights are non-waivable and the requirements and restrictions of the advertising event must be adjusted accordingly if the need arises, all in accordance with the law and the integrity of the parties involved.

5.3 Prohibited Conduct. You will not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are unlawful, obscene, threatening, unsolicited mass mailing or “spam,” defamatory, invasive of privacy, or (ii) that violate or infringe copyrights, trademarks, patents, trade secrets or other intellectual property rights, rights of privacy or publicity, communications regulations or statutes, or any other laws, including, without limitation, laws regarding defamation, harassment, obscenity and pornography; (iii) that constitute political campaigning or solicitation of sales or marketing or that contain software viruses or other computer code intended to interfere with the functionality of computer systems, or (iv) that are otherwise harmful to minors. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. During the Course, students are expected to conduct themselves in an appropriate and respectful manner, taking into account a high standard of education and career progression towards other people. Any violation of the provisions hereof will be subject to review and appropriate action that the Company decides to take, in its sole discretion, including the right to Terminate the Service as provided in Section 9.3 hereof. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.

In the event that the Company becomes aware of an irregular or dangerous behavior on the part of its students towards themselves, members of their family, or classmates, the Company may inform the local authorities of the country in which the minor is domiciled of said situation, in order to prevent any potentially dangerous behavior.

5.4 Restriction on Use Related to the Service. The Service includes security components so special rules and policies apply. You shall not attempt (or support anyone else's attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble or otherwise modify, alter or interfere with any aspect of the Service. You may not distribute, exchange, modify, sell or resell, or transmit to any other person any part of the Service, including without limitation any text, images or audio, for any business, commercial or public purpose. You agree not to copy, sell, distribute or otherwise transfer TalkitOut Content except as expressly permitted herein.

5.5 Restriction on Use Related to TalkitOut Content. Except as expressly permitted herein, the rights granted to you hereunder do not confer upon you any of the following: (a) reproduction or promotional use rights in the TalkitOut Content, (b) rights to enter into agreements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute the TalkitOut Content on streaming applications (via the Internet, intranets and/or other networks), (d) rights to distribute to other persons the TalkitOut Content on other content distribution systems (pay-per-view or audio-on-demand applications, etc.) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial use, sale, resale, reproduction, distribution or promotional rights for the TalkitOut Content. Any digital rights management solution provided with TalkitOut Content is an integral part of the TalkitOut Content and may not be circumvented except to the extent permitted by applicable law. If you are in possession or control of TalkitOut Content, it is your responsibility not to lose, destroy or damage such content.

6. Charges and billing.

6.1 Payment Agreement. All users of the Service must first agree to these Terms of Service, complete a payment authorization and agree to the Terms and Conditions of Purchase (“Purchase Terms”). You agree to pay for all TalkitOut Content that is not obtained through a promotional code or that is not offered to you for free by the Company.

6.2 Refund Policy. After three (3) days from the date of purchase of the Course, any payments or charges made are non-refundable. Any refund due to you by the Company will be credited to the credit card or instrument you designate the first time you make a purchase or incur a charge on the Service, as set forth in Section 6.4 of this Agreement.

6.3 Termination. The Company reserves the right to terminate your TalkitOut Account and/or your access to the Service if you violate the Terms of Service. If your TalkitOut membership and subscription(s) to the Service are terminated, all fees and charges are non-refundable.

6.4 Banking and credit card transactions. During the registration process, you will be asked to provide information about your credit card or bank account (your “payment instrument”). As a user of the Service, you agree that your credit card may be charged or your bank account may be debited for applicable fees, as well as any sales tax and any other charges incurred in connection with your use of the Service. Except as set forth herein, all fees and charges are non-refundable. In the event that you use your credit card to make purchases on the Service, we may, at our discretion, post charges to your credit card individually or aggregate your charges with other purchases you make on the Service. You agree to pay all amounts incurred under the Purchase Terms and to maintain adequate funds in your payment instrument to satisfy any amounts you may owe the Company. All charges will be billed to the payment instrument you designate the first time you make a purchase or incur a charge on the Service. Any bank fees or charges reflected on your payment instrument by your financial or credit institution will be your responsibility. By providing your payment instrument information to the Company, you agree that you will check the terms and conditions imposed by the issuer of your payment instrument for any notification requirements and limitations of liability that may apply to you in the event of loss, theft or unauthorized use of your payment instrument. You agree that you, and not TalkitOut, will be solely responsible for payment of all amounts billed to your credit card by unauthorized third parties. You agree that you will not provide information about any payment instrument that is not issued in your name.

6.5 Taxes. Purchases on the Service may include sales tax or value-added tax (where applicable) and such tax will be based on the best available information about your address. In such cases, the tax rate in effect at the time purchases are made on the Service will apply. If the applicable sales tax rate changes before you complete the applicable purchases, the new tax rate in effect at the time you complete the purchase on the Service will apply. Other product and service limitations and disclaimers may apply. You will be solely responsible for paying all such taxes.

6.6 Right to change prices. All prices related to the Service are subject to change by the Company at any time, without notice and without any liability to you. The Company does not offer price protection or refunds in the event of a price drop or promotional offer.

7. Special Notices. As a user of the Service, please note the following:

7.1 Privacy. By registering for the Service, you consent to the collection and processing of all information relating to your use of the Service, including Registration Information. The Company collects and handles this information in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms of Service by reference.

7.2 Accuracy of information. You represent and warrant that all information (including Registration Information and responses to polls and surveys) you provide to the Company is correct, complete, and current, and you agree to update such information as necessary. You also agree that any information provided by you to the Company will not violate any law or regulation, or infringe upon the rights of any third party.

7.3 Nature of the Content. You understand that by using the Service and accessing TalkitOut Content, you may encounter materials that you may find explicit, offensive or otherwise objectionable. The Company may include, if available, information regarding ratings, content type and descriptions, if such information is provided by the applicable owners of the TalkitOut Content. However, the Company is not responsible for the accuracy of such information. You agree that, regardless of whether the Service includes parental control features and regardless of how often you use such features: (a) it is your responsibility to determine which TalkitOut Content or materials within the Service meet your standards, and (b) under no circumstances will the Company or its content providers be in any way responsible for any TalkitOut Content or materials you access. You agree that you use the Service at your own risk and that the Company shall have no liability to you with respect to any content or materials contained within the Service.

7.4 Risk of use. The Company shall not assume any responsibility and shall not be liable for any damage or virus that causes damage to your computer or other property on account of your access to, use of, downloading from, or browsing the Service.

7.5 Links from other websites to third party sites; RSS news. The Company is not responsible for the content or availability of RSS feeds or websites linked to the Service, nor is it responsible for any third party websites that may have links to or from the Service. Your access to RSS feeds and links to other websites is entirely at your own risk. All RSS feeds and links are provided for your convenience only and should not be construed as an endorsement by the site owner/sponsor. The Company disclaims any warranty, express or implied, as to the accuracy, quality or any other aspect of any material or information contained in such RSS feeds and websites.

7.6 The Company's right to change these Terms of Service. The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time, without notice to you. All changes will be effective immediately. In the event of any material changes, we will use commercially reasonable efforts to notify you and obtain your consent prior to implementing such changes. We encourage you to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any such changes constitutes acceptance of those changes.

7.7 The Company's right to make changes to the Service. The Company may add, change, terminate, remove or suspend any material incorporated into the Service, including features, prices and specifications of products described or reviewed on the Service, temporarily or permanently, at any time, without notice and without liability. In addition, the Company and/or the owners of the TalkitOut Content may, from time to time, remove TalkitOut Content from the Service without notice, and the Company may at any time lose the right to make certain TalkitOut Content available. In such event, you will no longer be able to obtain or view certain Talkitout Content.

8. Intellectual property

8.1 Trade secrets and proprietary materials The Service contains and/or incorporates trade secrets, patented (and/or patent pending) inventions and/or other proprietary materials and intellectual property of the Company. All title and ownership rights in the Service, including without limitation the TalkitOut Content and any copies related to the Service and TalkitOut Content, remain the property of the Company and its licensors, as applicable. You agree to keep confidential any information contained on the Service that is not in the public domain, and not to disclose such information to any third party without the prior written approval of the Company.

Students are not permitted to attempt to reconfigure, decompile or reverse engineer the TalkitOut website, the Service and/or the TalkitOut Content.

8.2 Copyright. The TalkitOut Content and other works of authorship contained in or made part of the Service (collectively, the “Content”) are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Content is licensed, not sold. You may not make unauthorized copies or use any portion of the Content except as provided herein and in accordance with applicable law. All title and copyright in and to the Content and the Service (including, without limitation, images, illustrations, graphics, photographs, animations, video, audio, music, text, scripts, applets, files, URLs, documents and interactive features included on or available through the Service) are owned by the Company or its licensors. You agree to comply with all applicable copyright laws in connection with your use of the Service and the Content. In addition to these Terms of Service, the Company may take appropriate measures to protect the copyright in the Content.

8.3 Trademarks. You may not use any of the Trademarks found within the Service except as specified herein and in accordance with applicable law. You may not copy, display or use any of the Trademarks without the prior written permission of the owner. Any unauthorized use may violate trademark laws, the laws of privacy and publicity, and civil or criminal laws. The Trademarks listed below are registered Trademarks of the Company. Nothing contained on the Service should be construed as granting by estoppel or otherwise any license or right to use any Trademark. Please note that the following list of Trademarks is updated periodically. Therefore, neither this list nor any updates to it are all-inclusive.

8.4 Company Rights in Materials You Post. By submitting messages, feedback, inputting data, or engaging in any other form of communication through the Service (if permitted by the Company) or through the Company's official social media accounts, you represent that you have all rights to post such materials, that such materials do not violate any third party rights, and that you agree that the Company may copy, sublicense, adapt, transmit, publicly perform, or display any such content in order to provide and/or promote the Service and/or respond to any legal requirement, claim, or threat. If the Company's use of such content implicates any ownership rights you may have in such material, you agree that the Company has an unrestricted, royalty-free, non-exclusive, perpetual right to use such content worldwide. You agree that any loss or damage of any kind incurred as a result of the use of any message, content, or material that you upload, post, transmit, display, or otherwise make available through your use of the Service is your sole responsibility. Likewise, you are solely responsible for monitoring and protecting the intellectual property rights that may belong to you on those publications that you make on social networks, including but not limited to messages, texts, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content and/or other elements. The Company does not have and does not accept any responsibility on your behalf.

9. Standard Terms

9.1 Resources. You agree that any unauthorized use of the Service and any technology contained therein could cause irreparable harm to the Company for which monetary damages would not be sufficient. Therefore, in such event, the Company shall be entitled, in addition to any other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any such unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Service shall be construed to limit the remedies available pursuant to legal or other claims the Company may have under independent legal authority. You understand and agree that termination of your TalkitOut account is your sole right and remedy with respect to any dispute with the Company.

9.2 Indemnification. You agree to defend, indemnify and hold harmless the Company from and against any and all claims, losses, damages, liabilities, deficiencies, judgments, liens, fines, costs and other expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, or any breach by you of these Terms of Service, and agree to reimburse the Company, upon request, for any losses, costs or expenses incurred by the Company as a result thereof.

9.3 Term; termination. The term of these Terms of Service will remain in effect until terminated as described herein. These Terms of Service and your rights to access, download and use the Service are subject to immediate termination, without notice, (a) if you breach (or the Company reasonably suspects that you have breached) any provision of these Terms of Service, or (b) upon the Company's discontinuance of dissemination or support of the Service. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must cease all use of the Service. If the Company terminates these Terms of Service for any of the reasons set forth in these Terms of Service, the Company will have no further obligation or liability to you and will not refund any amounts previously paid by you.

9.4 LEGAL NOTES; LIMITATION OF LIABILITY.

9.4.1 YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND BY THE COMPANY, AS APPLICABLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN RESPECT OF PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, CAPACITY, TIMELINESS, OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM YOUR ACCESS (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS, OR REGISTERED MOBILE DEVICES YOU USE TO ACCESS THE SERVICE. THE OPERATION OF THE SERVICE IS NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE ANY WARRANTY IN RELATION TO THE COMPANY.

9.4.2 THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PERSONAL COMPUTER, CD OR DVD PLAYER, CD OR DVD RECORDER, OR REGISTERED MOBILE DEVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS FUNCTION PROPERLY WITH THE SERVICE; AND UNLESS THE COMPANY INDICATES OTHERWISE, YOUR USE OF MOBILE APPLICATIONS IS LIMITED TO THE APPLICABLE DEVICE AND/OR OPERATING SYSTEM APPROPRIATE FOR ACCESSING THE MOBILE APPLICATION. THE COMPANY DOES NOT ACCEPT ANY LIABILITY FOR ANY LACK OF AVAILABILITY OF THE APPLICATION OR ANY DIFFICULTY OR INABILITY TO DOWNLOAD OR ACCESS MOBILE CONTENT OR ANY OTHER COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE MOBILE APPLICATION BEING UNAVAILABLE.

9.4.3 THE SERVICE MAY CONTAIN VIEWS, ADVICE, STATEMENTS AND OPINIONS, WHICH REPRESENT THE VIEWS, ADVICE, OPINIONS AND STATEMENTS OF THE INDIVIDUAL AUTHORS AND NOT NECESSARILY THOSE OF ANY AFFILIATED COMPANY. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY VIEWS, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION PROVIDED BY SUCH AUTHORS. SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION ARE SOLELY THOSE OF THE AUTHORS AND CANNOT BE ATTRIBUTED TO THE COMPANY. YOUR RELIANCE ON SUCH VIEWS, OPINIONS, ADVICE, STATEMENTS OR OTHER INFORMATION IS ALSO AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY INACCURACIES, ERROR, OMISSION, INTERRUPTION, TIMELINESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMMUNICATION LINE FAILURE, ALTERATION OR USE OF THE AUTHOR'S WORKS, REGARDLESS OF THE CAUSE, OR FOR ANY DAMAGES WHATSOEVER RESULTING THEREFROM. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY DAMAGE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE AUTHOR'S MATERIALS.

9.4.4 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THESE TERMS OF SERVICE, OR THE SUBJECT MATTER OF ANY OF THE FOREGOING, UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO: (1) DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF THE SERVICE AND ANY DOWNLOADS OR ANY RELATED EQUIPMENT, DOWNTIME AND USER TIME, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (2) DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, PARTICULARLY THE LIMITATIONS ON USE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CONTENT OR ANY USE OF THE SERVICE TO DEVELOP, DISTRIBUTE OR USE ANY MATERIAL THAT IS DEFAMATORY, LIBELOUS, DEFURIOUS OR OBSCENE, THAT GIVES A FALSE IMPRESSION OF ANY PERSON, THAT CONSTITUTES AN INVASION OF ANY PRIVACY RIGHT OR A VIOLATION OF ANY PUBLICITY RIGHT, THAT VIOLATES OR INFRINGES UPON THE RIGHTS OF ANY THIRD PARTY, OR THAT VIOLATES ANY FOREIGN, FEDERAL, STATE OR LOCAL LAW OR REGULATION.

9.4.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMERS OR LIMITATIONS ON DAMAGES OR LIABILITY SET FORTH HEREIN ARE PROHIBITED BY APPLICABLE LAW, THEN IN LIEU OF THE PROVISIONS HEREIN IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS OF DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY UNDER SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE. IN NO EVENT WILL SUCH DAMAGES OR THE COMPANY'S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU IN THE PAST 12 MONTHS.

9.5 Entire Agreement and Divisibility. These Terms of Service, the Privacy Policy, the Purchase Terms, and the Payment Authorization (including any modifications or revisions made by the Company to any of these documents) together constitute the entire agreement between you and the Company with respect to its subject matter, and supersede all prior and/or contemporaneous agreements and understandings, whether written or oral, between you and the Company, with respect to the subject matter hereof. Except as expressly set forth herein, these Terms of Service may not in any way be amended, modified or supplemented by the parties except by a written instrument signed by an authorized officer of the Company. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms of Service shall be construed to reasonably reflect the intention of the parties. Headings are for convenience of reference only and in no way define, limit, construe or describe the scope or content of such section. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in writing and signed by an authorized officer of the Company. These Terms of Service shall be binding upon and inure to the benefit of each party's successors and assigns, provided that you may not assign or transfer these Terms of Service, in whole or in part, without the prior written consent of an authorized officer of the Company.

9.6 Subsequent Ownership of the Service; Merger/Acquisition of the Company. By using the Service, you agree that the Company or one of its companies may, in the event of a merger, acquisition, or sale of the Service, or of all or substantially all of the Company's assets, assign its rights and obligations in connection with the Service to a subsequent applicable owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Service signifies your agreement to be bound by the Service Terms and the privacy policy of the subsequent owner or operator of the Service.

9.7 Survival. The paragraphs of these Terms of Service titled “Indemnification,” “Limitation of Liability,” “Choice of Law and Jurisdiction,” “Fees and Billing,” “Company’s Rights to Materials You Post,” “Remedies,” and “Disclaimers” will survive termination.

10. Questions.

If you have any questions or comments about these Terms of Service, please feel free to contact us by phone at the numbers listed on our website. www.talkitout.cl. 

Any rights not expressly granted herein are reserved.

TalkitOut shall not be liable for any damage or virus that causes harm to your computer or other property as a result of accessing, using, downloading or browsing the Course. TalkitOut shall also not be liable to any Participant who is unable to access the Internet or is unable to click/browse for any period of time, regardless of whether this is due to technical, hardware, software, Internet problems, computer viruses or connection problems, or due to delays, crashes or malfunctions of any kind including, but not limited to, loss or unavailability of network connections or due to force majeure.

Progress in the course is the responsibility of each user, TalkitOut will have no influence on it.