TERMS AND CONDITIONS AGREEMENT
PLEASE REVIEW THIS TERMS AND CONDITIONS AGREEMENT (THIS “AGREEMENT”) CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND I HEART MANDARIN (“I HEART MANDARIN,” “WE,” OR “US”) WITH RESPECT TO YOUR USE OF OUR WEBSITE AND YOUR PURCHASE OF DIGITAL PRACTICE MATERIALS, INCLUDING INDIVIDUALLY SOLD PACKETS AND SUBSCRIPTION ACCESS TO OUR LIBRARY OF MANDARIN CHINESE LEARNING RESOURCES (COLLECTIVELY, THE “MATERIALS”). BY ACCESSING OUR WEBSITE OR PURCHASING THE MATERIALS, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE OR PURCHASE ANY MATERIALS.
1. Website and Policies
During your access to our website (the “Site,” located at https://iheartmandarin.myshopify.com , and subject to the terms herein and any guidelines, rules, or operating policies we may post from time to time (including our Privacy Policy, Refund Policy, and Acceptable Use Policy, collectively the “Policies”), I Heart Mandarin agrees to provide you with access to the Materials.
We may update this Agreement or the Policies at any time. Changes become effective upon posting to the Site. Your continued use of the Site or purchase of Materials after such updates constitutes acceptance. In the event of a conflict between this Agreement and any Policy, this Agreement governs.
You acknowledge that your purchase is not contingent on the delivery of future features, content, or functionality, nor on any informal statements made by I Heart Mandarin regarding future offerings.
2. Fees and Payment
You agree to pay all fees associated with your purchase of Materials, as listed on the Site at the time of checkout. All fees are in U.S. dollars and include applicable taxes.
Return and Refund Policy
All products on this site are digital downloads (PDF practice packets) or digital subscriptions.
Due to the instant delivery and intangible nature of digital content, we do not offer returns, exchanges, or refunds on any purchases—individual packets, annual memberships, or lifetime memberships.
Once you complete your purchase, you receive immediate access to the materials, and therefore, all sales are final.
If you have questions before buying, feel free to explore our free content on our YouTube channel or contact us via the Contact form.
Automatic Renewals
Unless otherwise stated, subscriptions automatically renew for successive terms of the same duration. By subscribing, you authorize us to charge your payment method at each renewal without further action.
Lifetime Access
While we intend to maintain our Materials for the foreseeable future, we do not guarantee indefinite availability. The “Lifetime Membership” grants ongoing access to all Materials available at the time of purchase and added thereafter—for as long as I Heart Mandarin operates. We reserve the right to discontinue offering this plan at any time.
3. Customer Information
We collect personal information (e.g., name, email, payment details) to process orders, deliver Materials, and provide support. By creating an account or making a purchase, you consent to receive transactional and occasional marketing communications (e.g., product updates, new packet alerts). You may opt out of marketing communications at any time by using the unsubscribe link in our emails or contacting us directly. Please note that you will continue to receive transactional emails related to your account and purchases.
4. Data Disclosure
We do not sell or rent your personal information. We may share it only with:
(i) trusted service providers (e.g., payment processors, email platforms);
(ii) as required by law; or
(iii) with your explicit consent.
We use reasonable efforts to ensure third parties protect your data.
5. Account Security
You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized access. You are liable for all activity under your account.
6. Third-Party Services
Our Site may link to third-party websites (e.g., YouTube, community forums). These are not endorsed by us, and we are not responsible for their content, privacy practices, or availability.
7. Digital Materials Disclaimer
All Materials (PDF practice packets) are provided “as is” and “as available.” To the fullest extent permitted by law, I Heart Mandarin disclaims all warranties—express or implied—including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Materials will meet your specific learning goals.
8. Limitation of Liability
In no event shall I Heart Mandarin be liable for any indirect, incidental, consequential, or punitive damages (including loss of data, profits, or learning progress), even if advised of the possibility. Our total liability for any claim related to this Agreement or the Materials shall not exceed the amount you paid to us in the 12 months preceding the claim. You must bring any claim within 12 months of the date the claim arose.
9. Indemnification
You agree to indemnify and hold harmless I Heart Mandarin from any claims arising from:
(i) your misuse of the Materials;
(ii) violation of law or this Agreement; or
(iii) infringement of third-party rights.
10. Governing Law & Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles.
Arbitration
In the interest of resolving disputes efficiently, you and I Heart Mandarin agree to attempt to resolve any claim, dispute, or controversy (excluding claims for injunctive or equitable relief) arising out of or relating to this Agreement through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, as modified by this section. The arbitration shall be conducted in New Jersey, and the arbitrator's award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
Court Jurisdiction
If arbitration does not resolve the dispute, or for claims exempted from arbitration (such as injunctive or equitable relief), any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Monmouth County, New Jersey, and you hereby consent to the personal jurisdiction and venue of such courts.
11. General Provisions
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No Partnership: This Agreement does not create a legal partnership or agency.
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Assignment: You may not transfer your rights without our written consent.
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Severability: If any clause is unenforceable, the rest remains valid.
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Entire Agreement: This document, along with our Policies, constitutes the full agreement between us.
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No Waiver: Our failure to enforce a right does not waive it.
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Amendments: We may update this Agreement at any time by posting revisions to the Site.
BY PURCHASING MATERIALS OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
