Terms of Use

Effective Date: December 7, 2021

Welcome to Pura Vida Talk

Thank you for visiting our website (the “Site”) which is owned and provided by Pura Vida Talk LLC, an Illinois limited liability company (“Pura Vida Talk”, “Pura Vida Club”, “we” or “us”). Your use and access of the Site and the services offered through the Site is governed by and subject to the following terms and conditions (the “Terms of Use”). If you do not agree to these Terms of Use, or if you do not agree with our Privacy Policy, which is incorporated herein by reference, please do not use the Site or any services offered through the Site.  By entering, accessing, browsing, submitting information to, or otherwise using this site and the services and content available therein, you acknowledge and agree to these terms and represent and warrant that you are at least eighteen (18) years of age or older and possess the legal right and ability to agree to these terms. If you do not agree to these terms or you are under the age of eighteen (18), do not use this site.

Key Terms

“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.

Service Description

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.

Registration

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.

Registration Form

Registration and personal data for both you and the student are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many Jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Term of Use and agree to them for you before you use the Service. If you are a Parent and you provide your consent for your child’s use of the Service, then you agree to be bound by these Terms of Use with respect to your child’s use of the Service.

Class Recordings

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.

Cancellation Policy

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 info@puravidatalk.com between the hours of 7:00 a.m. to 12:00 p.m. to cancel.

Enrollment Fee and Payment Terms

The Service is made available for a fee, and you will be required to select a payment plan and provide Pura Vida Talk the necessary information in regards to your credit card or other payment methods. By doing this you communicate to Pura Vida Talk that this information is true and that you are the authorized User for this payment method.  It is necessary that you promptly update your account information with any changes (e.g. change in billing address or expiration dates). The specified amount in the payment plan according to the terms of this plan and this Terms of Use will be charged to your credit card.  Pura Vida Talk offers a 100% Money Back Guarantee. If there was an issue with any Class, please email us within seven (7) days of the Class, or before the next Class at info@puravidatalk.com and a credit for the Class will be deposited to your account.

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

You agree to release, indemnify and hold Pura Vida Talk and its affiliates, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.

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.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

User Disputes

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.

Termination

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.

Interpretation

These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of conflict provision or rules. Headings in these Terms of Use are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms of Use or the meaning and construction of these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or Pura Vida Talk.

Disputes and Resolution

Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and Pura Vida Talk, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into this Terms of Use, you and Pura Vida Talk are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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 info@puravidatalk.com

Entire Agreement

These Term of Service constitute the entire agreement between you and Pura Vida Talk and governs your use of the service, superseding any prior agreements between you and Pura Vida Talk. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights.

Change of the Terms of Use

We reserve the right to refuse access to this Site at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms of Use by posting them on this Site, and your use of this Site after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. You should review the current version of the Terms of Use before using this Site.

Communications

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.

Contact Us

If you have any questions or comments about these Terms of Use, please contact us at info@puravidatalk.com