Effective Date: December 7, 2021
Welcome to Pura Vida Talk
“User”, “you” or “your” means a person, organization or entity using the Services, including Parents and Students.
“Parent(s)” means a parent or legal guardian who completes Pura Vida Talk’s account registration process to purchase a membership on the Site for the purpose of enrolling their child.
“Teacher(s)” or “Instructor(s)” means a person who teaches Spanish.
“Class(es)” means any online class(es) available on the Site.
The Service is designed to provide an online Spanish Course for Children from K-8th grade (“Service”) taught through the Zoom Cloud Meetings Application (“Zoom”). Teachers and Instructors are native Spanish speakers.
You will be required to register with Pura Vida Talk to access and use the features of the Service. Upon registering, you agree to give current, accurate and complete personal information as requested by the Service’s registration form.
Classes will not be recorded.
Use of Service
Class is designed to last from 25 to 45 minutes depending on the level of proficiency and age of the student.
Class will not be longer than the specified time as the teacher will have other classes to attend immediately after your scheduled Class. A student’s late arrival for a Class will not lengthen the specified time for a Class and after the specified Class time, the Class will be deemed as completed.
If you cannot complete a scheduled Class by fault of Pura Vida Talk for reasons which include, but are not limited to, the following: (i) Teacher is more than 10 minutes late, (ii) the Teacher cancels the Class or stops teaching prior to the scheduled ending time for any reason; or (iii) Pura Vida Talk’s website or services experience system outages, you may reschedule the Class. Other than the right to reschedule the same Class as provided herein, you agree that Pura Vida Talk will not be held responsible and will not liable for: (a) the unavailability of the Class during the scheduled time period; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties including, but without limitation, any companies or servers hosting the Class, any Internet service providers, any third party platforms, or any internet facilities and networks.
Since our classes are live and personalized our schedule will be most likely booked. For this reason, we request that you cancel at least one (1) week before your scheduled Class. You may email us at firstname.lastname@example.org between the hours of 7:00 a.m. to 12:00 p.m. to cancel.
Enrollment Fee and Payment Terms
Modifications to Service
Pura Vida Talk reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pura Talk will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Links to Third-Party Websites
There may be links from this Site to third-party websites or links to information. Pura Vida Talk provides links for your convenience only, and the inclusion of any link to a site not owned by Pura Vida Talk is not an endorsement by Pura Vida Talk of this site or its contents. You further acknowledge and agree that Pura Vida Talk will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Pura Vida Talk is not liable for any losses or claims that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PURA VIDA TALK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED or STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PURA VIDA TALK MAKE NO GUARANTEE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENT, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PURA VIDA TALK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RELATED TO THE FOLLOWING: (I)THIS SITE; (II)THE USE OR THE INABILITY TO USE THE SERVICE; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL PURA VIDA TALK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PURA VIDA TALK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100.00).
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Pura Vida Talk will have no liability or responsibility with respect thereto.
Pura Vida Talk may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
Disputes and Resolution
Agreement to Arbitrate
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor Pura Vida Talk will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right Pura Vida Talk or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
Pre-Arbitration Dispute Resolution
Pura Vida Talk is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing email@example.com
By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us (collectively, “Communications”). The Communications may also be those that we send to you for other reasons.