Terms and Conditions

Welcome to refinedaccent.com!

These terms and conditions outline the rules and regulations for the use of Refined Accent's Website, located at www.refinedaccent.com.

By accessing this website we assume you accept these terms and conditions. It is the responsibility of you, the user, customer or prospective customer to read the terms and conditions  before proceeding to use this site. Do not continue to use refinedaccent.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logging in on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

ACCEPTANCE OF TERMS 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Refined Accent, in association with the use of the website, which includes www.refinedaccent.com, (the "Site") and its Services, which shall be defined below. 

Cookies

We employ the use of cookies. By accessing refinedaccent.com, you agreed to use cookies in agreement with the Refined Accent's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Description of Website Services Offered

The Site is an e-commerce website that sells the service of improving American English communication for non-native English speakers through pronunciation & language training. 

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Refined Accent. At its discretion, Refined Accent may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Refined Accent does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Refined Accent shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Refined Accent shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PRIVACY POLICY 

Every member's registration data and various other personal information are strictly protected by theRefined Accent Online Privacy Policy (see the full Privacy Policy at www.refinedaccent.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Refined Accent and/or our subsidiaries and affiliates.

Contributions to Company Website

Refined Accent may request a testimonial from Clients to be used exclusively on our website.  When you submit your testimonial via email, you acknowledge & agree to:

1. Your testimonial does not contain any type of confidential or proprietary information.

2. Allowing Refined Accent to use your first name & occupation &/or your company name along with your testimonial.

3. Refined Accent is under no obligation to either compensate or provide any form of reimbursement in any manner for a testimonial.

Refined Accent may collect audio or video recordings related to your training.  We will only use these for purposes related to your assessment and training unless you provide written consent for us to use the recordings for another purpose. We will always ask for your permission before using your recording(s) for another purpose.   

License

Unless otherwise stated, Refined Accent and/or its licensors own the intellectual property rights for all material on refinedaccent.com. All intellectual property rights are reserved. You may access this from refinedaccent.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from refinedaccent.com

• Sell, rent or sub-license material from refinedaccent.com

• Reproduce, duplicate or copy material from refinedaccent.com

• Redistribute content from refinedaccent.com

This Agreement shall begin on the date hereof

Payments:

The Client agrees to pay for the services in full, based upon time frames laid out in a separate Client Agreement form that will be signed by Refined Accent & the client.  This agreement form will stipulate details on payment policies.  Payments are due prior to initiation of services.  You are responsible for the full purchase price. You can choose to pay for the package in full at time of purchase of the initial package or opt for a payment plan with subsequent payments automatically charged at monthly intervals from the original purchase date. The first payment would be charged at the time of purchase.  Thereafter, you will automatically be charged for the remaining 1, 2 or 3 payments coinciding with package 1,2 or 3. You are obligated under this agreement for all subsequent payments.  Payments will be processed through Stripe.  If your payment is rejected for any reason (ie, card expired or new card not entered) there will be a $25 fee.  

Refund Policy:

I want you to be satisfied with the training.  If for any reason you are not, please let me know so I have the opportunity to assist you to the fullest extent that I can.  Please keep in mind that I am your trainer/coach providing you with knowledge & strategies.  In order to make progress you must practice the provided assignments at least 30 min a day on a regular basis in order for you to achieve your goal.  I cannot provide you with a guarantee of your progress, as most of your progress is in your control.  You can think of this training to be similar to a fitness or health coach…they can advise you during weekly meetings of what exercises you need to do & how often to do them or advise you on what to eat & drink…but you are responsible for following through with their advice to achieve your desired goals.  

Cancellation Policy:

When changing or cancelling an appointment you are required to do so at least 24 hours in advance via emailing me at seanne@refinedaccent.com.  Less than 24 hours notice or failing to show for an appointment will result in forfeiture of the session from your package.  

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

INDEMNITY 

All users herein agree to insure and hold Refined Accent, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. 

COMMERCIAL REUSE OF SERVICES 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Refined Accents's sites. 

MODIFICATIONS 

Refined Accent shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 

LINKS 

Either Refined Accent or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Refined Accent shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. 

PROPRIETARY RIGHTS 

You do hereby acknowledge and agree that Refined Accent's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Refined Accent or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Refined Accent Services (e.g. Content or Software), in whole or part. 

Refined Accent herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Refined Accent for use in accessing our Services. 

WARRANTY DISCLAIMERS 

You herein expressly acknowledge and agree that: 

a)   The use of Refined Accent services and software are at the sole risk by you.  Our services and software shall be provided on an “as is” and/or “as available” basis.  Refined Accent and officers, employees, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement.

b)   Refined Accent and our officers, employees, partners and licensors make no such warranties that (i) Refined Accent services or software will meet your requirements; (ii) Refined Accent Services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Refined Accent services or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.

c)   Any information or material downloaded or otherwise obtained by way of Refined Accent services or software shall be accessed by your sole discretion and sole risk, and such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and or displaying, or for any loss of data that could result from the download of any such information or material.

d)   No advice and/or information, despite whether written or oral, that may be obtained by you from Refined Accent or by way of or from our services or software shall create any warranty not expressly stated in the TOS. 

LIMITATION OF LIABILITY 

You explicitly acknowledge, understand and agree that Refined Accent and our officers, employees, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and results from: 

1. the use or inability to use our service;

2. the cost of procuring substitute goods and services;

3. unauthorized access to or the altercation of your transmissions and/or date;

4. statements or conduct of any such third party on our service;

e)    and any other matter which may be related to our service.

RELEASE 

In the event you have a dispute, you agree to release Refined Accent (and its officers,  employees, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. 

EXCLUSION AND LIMITATIONS 

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not may not apply to you. 

NOTICE 

Refined Accent may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. 

TRADEMARK INFORMATION 

You herein acknowledge, understand and agree that all of the Refined Accent trademarks, copyright, trade name, service marks, and other Refined Accent logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Refined Accent. You herein agree not to display and/or use in any manner the Refined Accent logo or marks without obtaining Refined Accent's prior written consent. 

GENERAL INFORMATION 

ENTIRE AGREEMENT 

This TOS constitutes the entire agreement between you and Refined Accent and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Refined Accent Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Refined Accent Services, affiliate Services, third-party content or third-party software. 

CHOICE OF LAW AND FORUM 

It is at the mutual agreement of both you and Refined Accent with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Refined Accent, shall be filed within the courts having jurisdiction within the County of Baltimore, Maryland or the U.S. District Court located in said state. You and Refined Accent agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. 

WAIVER AND SEVERABILITY OF TERMS 

At any time, should Refined Accent fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 

STATUTE OF LIMITATIONS 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred. 

VIOLATIONS 

Please report any and all violations of this TOS to Refined Accent as follows: 

Email: seanne@refinedaccent.com 

Seanne Herbick