Terms of use

This document was last updated on Sept. 3, 2021

These terms of use have been created by Weblengs LLC doing business as (DBA) English Coaching Pro (“English Coaching Pro”, “ECP”).  The ECP website (the “Website”), www.EnglishCoachingPro.com, is part of the ECP service (the “Service”), which has the central purpose of providing online English coaching. ECP is happy to offer you the opportunity to use the Service, subject to these terms of use (the “Terms”), which include the ECP privacy policy (the “Privacy Policy”). 

The controlling language of the Terms is English. Any translations are for convenience only and have no legal or contractual effect.

By using the Service, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, you may not use the Service.
ECP reserves the right to make changes to the Terms at any time. Changes take effect as soon as a revised version of the Terms has been posted. The date that the current version was posted is written at the top of the Terms. By using the Service after a revised version of the Terms has been posted, you agree to all changes that have been made.

Subject to your full compliance with the Terms, ECP grants to you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use the Service for your personal, non-commercial, non-public use. This license is not transferable by you to any other person or entity. ECP may terminate this license at any time for any reason. If you are not in compliance with any part of the Terms, your license to use the Service terminates automatically.

The information below is presented in sections. The headings are for convenience only and have no legal or contractual effect.

1.  Eligibility

To use the Service, you must be at least 18 years old, or if you are under 18 years old, you must have the permission of and be directly supervised by your parent or guardian. If you are under 18 years old, your parent or guardian must read and agree to the Terms before you use the Service.

2. Structure of the Service

The central purpose of the Service is to provide online English coaching.  This involves:
 A free 30-minute online consultation.  After the consultation, ECP will email you a customized coaching plan (a “Plan”).  You can review the Plan and if you decide to purchase the Plan, you must pay the first month’s fee and choose when to start the Plan.
The Plan is 12 weeks and includes:

  • 2 coaching sessions every week. These 30-minute one-to-one sessions are online.
  • 1 assessment session every week. This 30-minute one-to-one session is online.
  • Independent activities to develop speaking, listening, writing, and/or reading abilities. These activities use various common and freely-available digital tools (e.g., voice recorders, audio players), and you can choose how much time you want to spend on these activities. ECP recommends 1 hour per day to start.
  • Support for activities. ECP messages you to see how you are doing with the independent activities, and you can message ECP with any questions.

After the final assessment session, the Plan concludes with ECP emailing you the following:

  • a report of your achievement
  • a Certificate of Completion, and
  • a plan for continuing training on your own initiative.

Three months after the conclusion of the Plan, ECP contacts you for a post-conclusion check-up.
ECP reserves the right to change, suspend, or discontinue the Service at any time, temporarily or permanently, in whole or in part, with or without notice, at its sole discretion. You agree that ECP shall not be liable to you or to any third party for any change to, suspension of, or discontinuance of the Service.
ECP reserves the right to limit the availability of the Service, in whole or in part, to any person, entity, geographic area, or jurisdiction, at its sole discretion. You agree that ECP shall not be liable to you or to any third party for any limitation of the availability of the Service, in whole or in part, to any person, entity, geographic area, or jurisdiction.

3. Fees

There is no fee for a free 30-minute online consultation. 
If you decide to accept a Plan, you must pay the appropriate fee to start the Plan. 
By submitting payment for a Plan, you acknowledge that all information that you have provided is accurate, complete, and current, and you agree to pay the fee by credit card or any other form of payment accepted by ECP.
If there are any discrepancies in billing, you must notify ECP (see Contact section below) within 60 days after the discrepant billing occurred. If you do not notify ECP within 60 days, you waive your right to dispute such discrepancies.
If a listed fee for a Plan is incorrect because of a typographical error, ECP has the right to refuse or cancel any payment submitted for the incorrect fee. 
ECP reserves the right to change the Plan fees at any time, temporarily or permanently, with or without notice, at its sole discretion. You agree that ECP shall not be liable to you or to any third party for any changes to fees.
ECP reserves the right to waive the Plan fees and/or to offer promotions for some or all users of the Service at any time, at its sole discretion. You agree that ECP shall not be liable to you or to any third party for any waiving of fees or offering of promotions.

4.  Refunds 

If you have purchased a Plan and wish to end the Plan before the Plan concludes, you may do so and request a refund by sending an email to ECP.  The email’s subject line must state “REQUEST REFUND”, and the message must state “I wish to get a refund”. If you request a refund, the Plan ends immediately and ECP gives you a prorated refund of fees you paid for the Plan.  You agree that ECP shall not be liable to you or to any third party for your request for a refund.
If ECP is required to end a Plan for cause or for circumstances beyond ECP’s control, ECP gives you a prorated refund of fees you paid for the Plan.

5.  Starting your use of the Service

To start a Plan, you must first fill out a form on the Website to request a free 30-minute online consultation.
Once you have submitted the form, ECP will contact you by email within to arrange a time for the consultation.  The consultation will be on Zoom, Google Meet, Skype, or FaceTime, whichever you prefer.
After the consultation, ECP will email you a Plan to consider. There is no obligation for you to accept the Plan. If you decide to accept the Plan, you must pay the first month’s fee and choose when to start the Plan.
By filling out a form on the Website, you acknowledge that all information that you have provided is accurate, complete, and current.  If you wish to update any information that you have submitted, you may do so by sending the updated information in an email to ECP (see Contact section below).

6.  Ending your use of the Service

A Plan concludes 12 weeks after you start the Plan, regardless of how much of the Plan you have completed.  You agree that ECP shall not be liable to you or to any third party for any uncompleted part of a Plan. 
If you wish to end a Plan before this, you may do so by sending an email to ECP (see Contact section below). The email’s subject line must read “END PLAN”, and the message must state “I wish to end the plan”.  If you inform ECP that you wish to end a Plan early, the Plan ends immediately and ECP will refund your fees as described in the Refunds section above.  You agree that ECP shall not be liable to you or to any third party for your ending of a Plan.

7.  Privacy

ECP takes privacy seriously, and has a Privacy Policy that describes ECP’s views and practices in detail. The Privacy Policy is part of the Terms, so if you do not agree to everything in the Privacy Policy, you may not use the Service.

Third-party websites or services

If you choose to purchase a Plan, your payment will be processed through a third-party payment processor such as Stripe or Paypal. You can learn about the practices of these third-party services here: 
https://stripe.com/legal
https://www.paypal.com/us/webapps/mpp/ua/useragreement-full
ECP is not responsible for these third-party services’ actions or inactions, including but not limited to delays in payment processing. 
A variety of other websites and services will be used as part of a Plan. This will include but not be limited to video conferencing tools, email tools, and messaging tools. These third-party websites and services are not owned or controlled by ECP. ECP is not responsible for any third-party websites and services, and the Terms do not apply to any third-party websites and services. ECP is not responsible for the accessibility of any third-party websites and services and is not responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party websites and services.
The Website contains links to third-party websites. These third-party websites are not owned or controlled by ECP. ECP is not responsible for any third-party websites, and the Terms do not apply to any third-party websites. ECP is not responsible for the accessibility of any third-party websites and is not responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party websites.

8. Rules for your use of the Service

The Service is controlled from within the USA. If you choose to use the Service inside the USA, you are responsible for complying with all applicable laws in the USA. If you choose to use the Service outside the USA, you are responsible for complying with all applicable laws in the USA and in the country from which you use the Service.
The Service is comprised of content (the “Content”) that includes without limitation all text, images, graphics, logos, audio, and video, and the format in which these items have been assembled, arranged, and presented, in all instructional materials, webpages, emails, forms, and documents that are part of the Service. Unless otherwise specified explicitly, all Content is owned or controlled by ECP or ECP’s licensors or third-party service providers that ECP uses. 
The Content is protected from unauthorized use, copying, and dissemination by the copyright and trademark laws of the USA and other countries, international conventions, and other applicable laws. Any unauthorized use of the Content is prohibited.
By using the Service, you agree that you will not:

  • copy, distribute, lease, loan, modify, perform, rent, resell, sell, share, store, or create derivative works based on the Content, in whole or in part;
  • transmit through or to the Service any communications that are spam, or that are libelous, defamatory, abusive, threatening, harassing, hateful, offensive, obscene, unlawful, indecent, harmful, vulgar, sexually oriented, racially offensive, or that cause distress or inconvenience to any person;
  • use any procedure (including but not limited to hacking or password mining) or tool (including but not limited to a robot, spider, scraper, or deep link) to try to gain unauthorized access, to acquire, or to monitor any part of the Service;
  • use the Service in any way that could damage or disable the Service or that could interfere with any other person’s use of the Service.

By using the Service, you agree that you will notify ECP (see Contact section below) immediately if you discover any security-related problem with the Service. 

Objectionable Content

You understand that if you use the Service, there may be Content that you find objectionable. Under no circumstances will ECP be responsible in any way for such Content, nor for any loss or damage of any kind incurred as the result of the use of such Content, or any other Content that is accessible through the Service.

Procedure for notification of copyright infringement

If you are a copyright owner and believe that any of the Content infringes on your copyright, please provide ECP with notification that contains the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of which part of the Content is infringing copyright;
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of this part of the Content is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or are authorized to act on the copyright or intellectual property right owner’s behalf.

This notification must be mailed to the following physical address:
Copyright notification
Weblengs LLC DBA English Coaching Pro
5301 S Superstition Mtn Dr 104-349
Gold Canyon AZ 85118
USA

9.  Disclaimers of warranty and limitations of liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RISK. ECP PROVIDES THE SERVICE (INCLUDING ALL CONTENT THAT IS PART OF THE SERVICE) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY. ECP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICE. ECP DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
WHILE ECP WILL MAKE EVERY EFFORT, ECP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT LOSS OF DATA WILL NOT OCCUR. ECP MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE. ECP MAKES NO WARRANTIES ABOUT ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT DURING ANY USE OF THE SERVICE YOU ARE PROTECTED FROM ANY VIRUSES OR OTHER HARMFUL CODE.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL ECP, OR ECP’S LICENSORS, OR ANY THIRD-PARTY SERVICE PROVIDERS THAT ECP USES TO PROVIDE THE SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF ECP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, ECP SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE. IN NO EVENT SHALL SUCH DAMAGES OR THE TOTAL AGGREGATE LIABILITY OF ECP EXCEED THE FEES PAID BY YOU TO ECP IN THE PRECEDING 12 MONTHS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10.  Disputes

The Terms and all claims arising from or related to your use of the Service shall be governed by and construed in accordance with the laws of the state of Arizona, USA, without regard to principles of conflict of laws. 
Except for disputes relating to infringement of ECP intellectual property or in which ECP seeks a preliminary injunction, any dispute arising out of or connected with these Terms or your use of the Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of the arbitration shall be Phoenix, Arizona, USA, and the arbitration shall be conducted in the English language. Any arbitration must begin within six months after the dispute arises.
If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you and ECP agree that all disputes arising out of or connected with these Terms or your use of the Service must be resolved exclusively by a state or federal court located in Phoenix, Arizona, USA.
You may bring claims against ECP only in your individual capacity, not as a participant in any form of class action or representative proceeding. You agree that you and ECP are each waiving the right to a trial by jury or to participate in a class action.

11.  Users’ questions, comments, or suggestions for ECP 

ECP may invite you to answer questions about your experience using the Service. If ECP does so, the purpose is to gather information that ECP can use to improve the Service and to describe the Service in marketing materials. If ECP invites you to answer questions about your experience using the Service, you do not have to do so. You can choose to answer none of these questions, or just some of these questions, or all of these questions. 
By answering ECP’s questions about your experience using the Service, you agree that ECP:

  • is free to use your answers in any way, without any compensation to you, and
  • is free to not use any of your answers, and
  • does not waive any rights to use the same or similar information from other sources.

BY PROVIDING ANY ANSWERS TO ECP’S QUESTIONS ABOUT YOUR EXPERIENCE USING THE SERVICE, YOU HEREBY GRANT ECP A PERPETUAL, WORLDWIDE, FULLY TRANSFERABLE, SUBLICENSABLE, IRREVOCABLE, ROYALTY FREE LICENSE TO USE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY YOUR ANSWERS IN ANY MANNER, FOR ANY PURPOSE, IN ANY MEDIA, SOFTWARE, OR TECHNOLOGY OF ANY KIND NOW EXISTING OR DEVELOPED IN THE FUTURE, WITHOUT ANY OBLIGATION TO PROVIDE ATTRIBUTION OR COMPENSATION TO YOU OR TO ANY THIRD PARTY.
You may choose to contact ECP to share your questions, comments, or suggestions about the Service. By choosing to contact ECP to do this, you agree that ECP:

  • is free to use your questions, comments, or suggestions in any way, without compensation to you, and
  • is free to not use any of your questions, comments, or suggestions, and
  • does not waive any rights to use the same or similar information from other sources. 

BY CONTACTING ECP ON YOUR OWN INITIATIVE WITH QUESTIONS, COMMENTS, OR SUGGESTIONS ABOUT THE SERVICE, YOU HEREBY GRANT ECP A PERPETUAL, WORLDWIDE, FULLY TRANSFERABLE, SUBLICENSABLE, IRREVOCABLE, ROYALTY FREE LICENSE TO USE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, AND DISPLAY YOUR QUESTIONS, COMMENTS, OR SUGGESTIONS IN ANY MANNER, FOR ANY PURPOSE, IN ANY MEDIA, SOFTWARE, OR TECHNOLOGY OF ANY KIND NOW EXISTING OR DEVELOPED IN THE FUTURE, WITHOUT ANY OBLIGATION TO PROVIDE ATTRIBUTION OR COMPENSATION TO YOU OR TO ANY THIRD PARTY.

12.  Miscellaneous features of the Terms

  • These Terms constitute the entire agreement between you and ECP regarding the Service.  These Terms supersede all previous agreements between you and ECP regarding the Service.
  • You agree to indemnify, defend, and hold ECP harmless from and against any and all liability, claims, costs, or damages arising from or relating to your use of the Service, or your non-compliance with these Terms.
  • If any part of these Terms is found to be unenforceable, that part will be severed from these Terms, and the rest of these Terms will remain in full force and effect.
  • If ECP does not enforce any right that is in these Terms or that is available to ECP under any applicable law, this is not a waiver of ECP’s rights, and those rights will still be available to ECP.
  • These Terms shall survive any ending of your use of the Service.

13.  Notifications

If ECP needs to provide you with notifications about the Service, ECP will send notifications by email and/or post notifications on the Website. You consent to receiving notifications from ECP by email. You agree that notifications sent by email or posted on the Website satisfy any legal requirement that communications from ECP be in writing. If ECP sends any notification to the email address that you have provided to ECP or if ECP posts any notification on the Website, you will be considered to have received the notification. It is your responsibility to make sure that the email address that you provided to ECP is correct and to check that email account regularly for any notifications.

14.  Contact

If you wish to notify ECP of any fee- or security-related problem, or you wish to end a Plan, or wish to share with ECP any questions, comments, or suggestions about the Service or the Terms, please contact ECP at:
support@weblengs.com
If you wish to contact ECP by traditional mail, please address it here:
Weblengs LLC DBA English Coaching Pro
5301 S Superstition Mtn Dr 104-349
Gold Canyon AZ 85118
USA