TERMS OF USE, DISCLAIMER & PRIVACY POLICY

These Terms of Use (“Terms”), along with Our Privacy Policy and Disclaimers, constitute the entire Agreement between Estrellita, Inc., a California corporation, its business partners, licensors, affiliates, agents, subsidiaries, and assigns (hereafter “ESTRELLITA” or “We”, “Us” or “Our”) and you (the Site visitor) and supersede any and all other negotiations or agreements, whether written or oral, unless such agreements are more protective of Our rights, in which case the more protective terms will control.

SITE means http://www.ESTRELLITA.com, all pages related to that home page and any other related website properly authorized to use the ESTRELLITA name, copyrighted materials and trademarks.

Revisions to the Terms and Site. We may change or replace these Terms, Our Site, and Our products at any time. The most current version of Our Terms is available on this page of the Site and the most current version replaces all previous versions. You should review the Terms periodically. Your only recourse, if you disagree with these Terms, or changes to the Terms, is to discontinue your use of the Site and products offered.

Availability. Information published on the Site may refer to products or programs that are not available in your country or state. Consult your ESTRELLITA business contact for information regarding the products, programs and services that may be available to you.

User Content and Online Communications. For purposes of these Terms, any statements, commentary, reviews or materials you upload to Our Site or email to Us or provide to Us are considered User Content. You are responsible for your User Content.

Please be aware that online communications may not be fully confidential and U.S. Federal postal regulations do not protect electronic mail. Our administrative personnel or affiliates may have access to your communications for technical or operational purposes. We may also disclose your communications to the extent required or permitted by law.

In the event you provide Us with any User Content, you grant Us a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify and distribute such User Content, in whole or in part, in any form or format and in any medium now known or hereafter developed, without any further compensation or other consideration to you. This license will last for five (5) years.

Our Statements detailed on the Site may be statements of future expectations and other forward-looking statements that are based on Our current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied. The Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. We are not responsible for typographical errors.

 

Pricing. We may make changes to product prices without notice at any time prior to placement of your order. Further, all products are subject to availability. We reserve the right to cancel orders in Our sole discretion at any time and for any reason. Pricing of an item will not be confirmed until you order. Despite Our efforts, a small number of items on the Site may be mispriced. If an item’s correct price is higher than the stated price, We will either contact you for instructions before shipping or cancel your order and notify you of such cancellation and the reason for such cancellation. In some situations, We utilize third parties to handle your payment for a product. You agree that We are not responsible for any problem you may have with that payment whatsoever.

Orders. We take no orders on our Site. You must contact Us directly to place an order.

Shipping and Delivery. The risk of loss and title for products you purchase passes to you when We deliver the item to a carrier for shipment. We reserve the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined in Our sole discretion. We will choose a carrier in Our sole discretion.

Trademarks. You may not use any ESTRELLITA trademarks for any reason without Our written permission. ESTRELLITA owns the following trademarks and trade names, whether registered in the U.S., elsewhere in the world, or utilized at common law:

Estrellita, Accelerated Beginning Spanish Reading

ESTRELLITA®

ESCALERA®

LUNITA™

 

This list may not be complete and We may own additional trademarks or service marks that are not listed herein. If you have questions about Our marks, please contact info@ESTRELLITA.com.

 

Copyright. The materials on the Site and products advertised contain content We own or content that We license from others. No printed or electronic copies are permitted.

you are being granted access to Our Site for informational and educational purposes. None of Our materials (including, without limitation, Our charts and images), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. For example, you may not copy Our charts for classroom instruction, post screenshots of Our materials online or share website screenshots with other teachers. You may not use electronic or printed copies of Our Site, in whole or in part. If you have questions about whether your use violates Our rights, please contact Us at info@ESTRELLITA.com.

Any unauthorized use of materials contained in Our Site may violate U.S. copyright, trademark and other laws. We retain all rights not expressly granted; and nothing in these Terms constitutes a waiver of any rights and remedies under any federal, state or local law, regulation, ordinance or treaty. No license or right is granted other than as specifically granted in these Terms.

Unauthorized Activities. Without Our prior written permission, you may not:

  • Use Our Site, in whole or in part, for any illegal purpose whatsoever, or in violation of any federal, state or local law, regulation, ordinance or treaty;
  • Violate or encourage others to violate the rights of ESTRELLITA or third parties;
  • Post, upload or distribute any User Content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate;
  • Interfere with the operation of Our Site, in whole or in part, or any other user’s or other third party’s enjoyment of such Site in any manner;
  • Make unsolicited offers or advertisements to other users or other third parties;
  • Attempt to collect personal information about users or other third parties without their consent;
  • Modify the information or materials on Our Site, in whole or in part, in any way, except as intended in the normal use of the Site;
  • Reproduce, rent, sell, publicly display, perform, or distribute, transfer or otherwise use Our Site, in whole or in part, for any public, educational or commercial purpose not granted in these Terms;
  • Use any ESTRELLITA proprietary information on any other website or networked computer environment for any purpose;
  • Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site;
  • Frame or utilize any framing or screenshot techniques to enclose any ESTRELLITA trademark, logo, or other proprietary information (including images, charts, text, page layout or form);
  • Purchase search terms or use any meta tags or any other "hidden text" utilizing ESTRELLITA’s name or trademarks without Our express written consent;
  • Attempt to hide your identity; or
  • Use any robot, spider, automated technology, device or manual process to monitor or copy Our Site, in whole or in part, or use any of the same to interfere, or attempt to interfere, with the proper working of Our Site.

Refusal of Service/Right to Terminate. We reserve the right to terminate your access to the Site for any reason or no reason whatsoever at any time. Further, you understand and agree that We have the right to refuse to provide products to you or any other individual or entity for any reason or no reason at all in Our sole discretion as long as such refusal does not violate any U.S. law or regulation. Such alteration in services or products or refusal to provide products shall NOT be a breach of these Terms or any agreement with you and shall NOT subject Us to any liability, at law or in equity, without limitation, even if you suffer damages.

 

Relief For Breach. We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate Our rights in any manner. You agree that ESTRELLITA may proceed with such injunctive relief as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of ESTRELLITA’s confidential and proprietary information, copyrighted information, or other intellectual property, you will be liable to pay Us a minimum of $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of ESTRELLITA’s proprietary information and/or intellectual property materials on Our Site if such unauthorized use is innocent and not willful or malicious. Also, you will be responsible for any and all of Our attorneys’ fees and costs for having to make any claim, demand, action, litigation or proceeding whatsoever for any cause of action in equity or at law. You agree that such amounts are not punitive in nature, but are necessary in order to protect Our proprietary rights and are in the nature of liquidated damages.

Third party relationships. We may have agreements with other individuals or entities, which may change without notice and with whom we conduct business. We use third party entity or individual names with permission.

We may link to such third parties or others on the Internet. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” (as defined in our Privacy Policy) or the safety of content on their websites. Should you have any questions regarding these third parties, the information shared or do not wish to have your information shared with such third parties, please contact info@ESTRELLITA.com.

Links/Third Party Services or Products. Any reference or link to another website, product, service or entity does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship with Us. Further, the views and opinions expressed in any referenced link or User Content do not necessarily state or reflect Our views or opinions.

Indemnity. You agree to hold harmless and indemnify Us, and Our officers, directors, employees, affiliates, business partners, licensors, licensees, suppliers, advertisers and agents from and against any third party claim arising in any way from or related to your use of the Site, purchase of Our products and any use of Our products.

Choice of Law/Applicable Laws. By using Our Site, you agree that any legal problems or issues arising as a result of such use are subject to the laws of the State of Colorado, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflict or choice of laws. Only the County Courts in which We have Our principal place of business (i.e., Arapahoe County) or the U.S. District Court of Colorado will have jurisdiction over matters concerning Our Products or other claims, demands, actions, litigation or proceedings whatsoever where We are involved. Further, you and ESTRELLITA expressly and irrevocably consent to the personal jurisdiction and venue in the courts referenced in this paragraph for any violation of these Terms. You also agree that in any dispute, including any legal action with Us, you will only assert claims in an individual (non-class, non-representative) basis, and that you will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself. To the extent you are a qualified public educational or government institution and a party to these Terms, and if this paragraph, or a portion thereof, is determined to be unenforceable, these Terms shall be construed pursuant to the laws of the state in which the public educational institution or governmental institution is located.

Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Electronic Communications. By contacting Us for further information, you consent to receiving electronic communications from Us. These communications will include notices about your account, if any. These communications are part of your relationship with Us. You agree that any notice, agreements, disclosure or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Should you wish to opt out of email communications, except for legal notices, please let Us know and We will stop sending you emails regarding Our product offerings. Failure to comply with your opt-out request shall not be considered a breach of this Agreement.

Contact. If you have any questions regarding the Site or these Terms (including Our Privacy Policy and Disclaimer), please contact: Webmaster for the ESTRELLITA Site:

99 Inverness Drive East, Suite 200
Englewood, CO 80112
Email: info@ESTRELLITA.com
Tel: (303) 779-2610

 

Last Updated: June 5, 2015