Terms and Conditions

Ovient English Accent Training Program

Updated February 9, 2009

By using the Ovient Online Accent Training Program available at the www.myovient.com Website (“Service”), a service of Ovient International (“Ovient”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Ovient reserves the right to update and change the Terms of Service from time to time without notice. Any new features that change or enhance the current Service, including the release of new content and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:  http://www.ovient.com/onlineaccentterms.html.

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by automated methods are not allowed.  The service is only available to individuals.  Schools, corporations, and other organizations may request group pricing by contacting Ovient at info (at) ovient.com or by calling 408-524-1649.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. As a part of the signup process, you will be required to create a Paypal Account.  The account will be created automatically when you complete your registration.  For additional information regarding Paypal, visit http://www.paypal.com.
5. Your account may only be used by one person – a single login shared by multiple people is not permitted.
6. You are responsible for maintaining the security of your account and password. Ovient cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You are responsible for all activity that occurs under your account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account.

Payment and Refunds Terms

1. A valid credit card is required for all accounts.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made, except as noted in 3. below (Accent Improvement Guarantee).
3. Ovient currently offers an Accent Improvement Guarantee which can be found at http://www.ovient.com/accentguarantee.html. You may receive a refund of your payment for your first month of service, provided you meet all conditions for the Accent Improvement Guarantee and contact us within 40 days of signing up.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Termination

1. You are solely responsible for canceling your account. You may cancel at any time by emailing us at cancel (at) ovient.com or by clicking the “unsubscribe” button at http://www.ovient.com/accent.html
2. Canceling your Service may cause the loss of Content, including but not limited to your assessment results. Ovient does not accept any liability for such loss and does not store copies of this information once you have canceled your service.  All of your Content will be immediately deleted from the Service upon cancellation.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will NOT receive a refund for the unused portion of the month.
4. Ovient, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Ovient service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ovient reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Ovient reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Ovient site (http://www.ovient.com) or the service itself.
3. Ovient shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. Content contained in the service is copyrighted and the proprietary property of Ovient.  All rights reserved.
2. Ovient offers you a non-transferable, non-exclusive, limited right to access, use and display the content of this Service, provided that you comply with these terms as set out in full. The materials of this Site are provided to you only for your private, non-commercial use during the term that your account is paid and active, including all free trial periods.
3. Ovient and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright ©2006-2009 Ovient. All rights reserved. The underlying technology platform is the exclusive property of our technology provider.  You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Ovient and/or our partner organizations.

General Conditions

1. Your use of the Service is at your own risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is available by contacting us at English (at) ovient.com or by calling 408-524-1649.
3. You understand that Ovient uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Ovient, or any other Ovient service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Ovient.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ovient customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. Ovient does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that Ovient shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ovient has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
13. The failure of Ovient to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ovient and govern your use of the Service, superseding any prior agreements between you and Ovient (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to English (at) ovient.com.