Terms of Service

Last Updated: July 24, 2025

Welcome to LearnSpanish.com, a website operated by Dictionary Media Group, Inc. (“LearnSpanish.com,” “us,” “we” and “our”). We provide high quality reference and education products to Spanish learners across the world.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF LEARNSPANISH.COM, ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY LEARNSPANISH.COM. THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH, A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY BROWSING THE WEBSITE AND/OR COMPLETING THE LEARNER SURVEY, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LEARNSPANISH.COM, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 12 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

PLEASE NOTE THAT The Terms are subject to change by LEARNSPANISH.COM in its sole discretion at any time. When changes are made, LearnSpanish.com will make a new copy of the Agreement available at the Website. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have provided us with your email address, or via another manner through the Services (which may include posting an announcement on our Website). LearnSpanish.com may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, the Application and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website and the Services. Otherwise, your continued use of the Website, Application or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Use of the LearnSpanish.com Services and Website.

The information and content available on the LearnSpanish.com website are protected by copyright laws throughout the world. Subject to the Terms, LearnSpanish.com grants you a limited license to use LearnSpanish.com solely for your personal or internal business purposes. LearnSpanish.com may at any time, and in its sole discretion, update, change, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently. Unless otherwise specified by LearnSpanish.com in a separate license, your right to use the Website is subject to the Terms.

1.1 Updates. LearnSpanish.com may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Website (“Updates”). These Updates may be automatically deployed without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not wish to use such Updates, your sole remedy is to cease use of the Website. Your continued use of LearnSpanish.com is your agreement to this Agreement.

1.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any aspect or feature of the LearnSpanish.com Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other elements of the LearnSpanish.com Website (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using LearnSpanish.com’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the LearnSpanish.com website; (e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access the Website in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in LearnSpanish.com. Any future release, update or other addition to the Website shall be subject to the Terms. LearnSpanishc.om, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website terminates the licenses granted by LearnSpanish.com pursuant to the Terms.

2. Privacy

As a condition of using the Service, you agree to the terms of the LearnSpanish.com Privacy Policy, available at https://www.learnspanish.com/privacy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that LearnSpanish.com may access or disclose your personal information, including the content of your communications, if LearnSpanish.com is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general LearnSpanish.com Privacy Policy. Personal information collected by Learnspanish.com may be stored and processed in the United States or any other country in which LearnSpanish.com or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

3. User Conduct

As a condition of your use of the Website, you agree not to use LearnSpanish.com for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through the Website that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without LearnSpanish.com’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of LearnSpanish.com; (vi) interferes with or attempt to interfere with the proper functioning of the LearnSpanish.com Website or uses LearnSpanish in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Website, including but not limited to violating or attempting to violate any security features of LearnSpanish.com, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in LearnSpanish.com, introducing viruses, worms, or similar harmful code into the Website, or interfering or attempting to interfere with use of LearnSpanish.com by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” LearnSpanish.com

4. Third-Party Services

4.1 Third-Party Websites and Applications. LearnSpanish.com may contain links to third-party websites or applications (“Third-Party Websites or Applications”). When you click on a link to a Third-Party Website or Application, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites or Applications are not under the control of LearnSpanish.com. LearnSpanish.com is not responsible for any Third-Party Websites or Applications. LearnSpanish.com provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, warrant, or make any representations with respect to Third-Party Websites or Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites or Applications at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

5. Indemnification

You agree to indemnify and hold LearnSpanish.com, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “LearnSpanish.com Party” and collectively, the “LearnSpanish.com Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, the LearnSpanish.com Website; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations.LearnSpanish.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LearnSpanish.com in asserting any available defenses. This provision does not require you to indemnify any of the LearnSpanish.com Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of the Agreement and/or your access to the Website.

6. Disclaimer of Warranties and Conditions

6.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF LEARNSPANISH.COM IS AT YOUR SOLE RISK, AND LEARNSPANISH.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LEARNSPANISH.COM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.

(a) LEARNSPANISH.COM PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) LEARNSPANISH.COM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF LEARNSPANISH.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF LEARNSPANISH.COM WILL BE ACCURATE OR RELIABLE.

(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH LEARNSPANISH.COM PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS LEARNSPANISH.COM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. LEARNSPANISH.COM MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEARNSPANISH.COM OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(e) FROM TIME TO TIME, LEARNSPANISH.COM MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LEARNSPANISH.COM’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

6.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT LEARNSPANISH.COM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LEARNSPANISH.COM PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

7. Limitation of Liability

7.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE LEARNSPANISH.COM PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LEARNSPANISH.COM, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT LEARNSPANISH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF LEARNSPANISH.COM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE LEARNSPANISH.COM; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH LEARNSPANISH.COM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON LEARNSPANISH.COM; OR (5) ANY OTHER MATTER RELATED TO LEARNSPANISH.COM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LEARNSPANISH.COM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LEARNSPANISH.COM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LEARNSPANISH.COM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

7.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL LEARNSPANISH.COM PARTIES BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LEARNSPANISH.COM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LEARNSPANISH.COM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LEARNSPANISH.COM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

7.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEARNSPANISH.COM AND YOU.

8. Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on LearnSpanish.com Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on LearnSpanish.com Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for LearnSpanish.com’s Copyright Agent for notice of claims of copyright infringement is as follows: legalnotices@ixl.com.

9. Remedies

9.1 Violations. If LearnSpanish.com becomes aware of any possible violations by you of the Agreement, LearnSpanish.com reserves the right to investigate such violations. If, as a result of the investigation, LearnSpanish.com believes that criminal activity has occurred, LearnSpanish.com reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. LearnSpanish.com is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in LearnSpanish.com, including Your Data, in LearnSpanish.com’s possession in connection with your use of LearnSpanish.com, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Agreement, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of LearnSpanish.com, its Users or the public, and all enforcement or other government officials, as LearnSpanish.com in its sole discretion believes to be necessary or appropriate.

9.2 Breach. In the event that LearnSpanish.com determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for LearnSpanish.com, LearnSpanish.com reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to LearnSpanish.com) that you have violated the Terms;
(b) Discontinue your access to any Services;
(c) Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(d) Pursue any other action which LearnSpanish.com deems to be appropriate.

10. Term and Termination

10.1 Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use LearnSpanish.com, unless terminated earlier in accordance with the Agreement.

10.2 Prior Use. Notwithstanding the foregoing, if you used LearnSpanish.com prior to the date you accepted the Terms, you hereby acknowledge and agree that the Agreement commenced on the date you first used LearnSpanish.com (whichever is earlier) and will remain in full force and effect while you use LearnSpanish.com, unless earlier terminated in accordance with the Agreement.

10.2 No Subsequent Use. If your ability to access LearnSpanish.com is discontinued by LearnSpanish.com due to your violation of any portion of the Agreement, then you agree that you shall not attempt to access LearnSpanish.com through use of different identifying information or otherwise. In the event that you violate the immediately preceding sentence, LearnSpanish.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

11. International Users

LearnSpanish.com can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that LearnSpanish.com intends to announce such Services or Content in your country. LearnSpanish.com is controlled and offered by LearnSpanish.com from its facilities in the United States of America. LearnSpanish.com makes no representations that LearnSpanish.com is appropriate or available for use in other locations. Those who access or use LearnSpanish.com from other countries do so at their own volition and are responsible for compliance with local law.

12. Dispute Resolution

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with LearnSpanish.com and limits the manner in which you can seek relief from us.

12.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with LearnSpanish.com, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify,; and (2) you or LearnSpanish.com may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
12.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, LearnSpanish.com will pay them for you. In addition, LearnSpanish.com will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and LearnSpanish.com. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
12.4 Waiver of Jury Trial. YOU AND LEARNSPANISH.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LearnSpanish.com are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
12.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Virginia. All other claims shall be arbitrated.
12.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legalnotices@ixl.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you provided to LearnSpanish.com, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
12.7 Severability. Except as provided in subsection 12.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
12.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LearnSpanish.com.
12.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if LearnSpanish.com makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing LearnSpanish.com at the following address: Curiosity Media, 777 Mariners Island Blvd., Suite 600, San Mateo, CA 94404.

13. General Provisions

13.1 Electronic Communications. The communications between you and LearnSpanish.com may take place via electronic means, whether you visit the Website or send LearnSpanish.com e-mails, or whether LearnSpanish.com posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from LearnSpanish.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LearnSpanish.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.1 Release. You hereby release LearnSpanish.com Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of LearnSpanish.com, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13.3 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LearnSpanish.com’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.4 Force Majeure. LearnSpanish.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.5 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13.6 Entire Agreement. This Agreement constitutes the entire agreement between you and LearnSpansih.com and governs your use of the Service, superseding any prior agreements between you and LearnSpanish.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LearnSpanish.com services, affiliate services, third-party content or third-party software.
13.7 Waiver and Severability of Terms. The failure of LearnSpanish.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
13.8 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of LearnSpanish.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.9 Governing Law; Exclusive Venue. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in San Mateo, California and you consent to the jurisdiction of such courts.