Updated on December 11, 2019
When accessing our Web site, Emmersion Learning, Inc. will learn certain information about you during your visit. Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site, your IP address.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.
We will use your e-mail address solely to provide timely information about Emmersion Learning. Emmersion Learning will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail or e-mail us at firstname.lastname@example.org.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
Emmersion Learning will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
* A Special Note About Children *
Children are not eligible to use our web site and services and we ask that minors (under the age of 13) do not submit any personal information to us. If you are a minor, you can use this site only in conjunction with permission and guidance from your parents or guardians.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Web site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information is never transmitted via email.
Emmersion Learning may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, Emmersion Learning uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
If you have any questions regarding this Policy, or your dealings with our website, please contact us.
Updated on December 11, 2019
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICES. UNLESS YOU AGREE TO THIS AGREEMENT, YOU HAVE NO RIGHTS TO THE SERVICES.
If you agree to these terms, you have the following rights and obligations:
1. INSTALLATION AND USE
a. You may access, download, and/or use the Services for your own individual use only.
b. You agree that you will not use the Services for any conduct or action which may be illegal or contrary to any applicable government regulation or standard.
c. You agree that you will protect the security and privacy of any device on which the Services are installed or accessed, whether mobile or desktop, in order to prevent use of the Services by any unauthorized party.
d. You agree that you will not use the Services to in any way infringe upon the intellectual property rights of any third party.
e. You acknowledge that all sharing and copying of content created or made available to you using the Services is prohibited and may be contrary to applicable law, and you agree to comply with such restrictions.
f. You agree that all content created or made available to you using the Services, regardless of who created or made the content available to you (including your own work) belongs exclusively to Licensor.
g. You agree to use any documentation or information provided with the Services or processed using the Services only for personal purposes expressly authorized by Licensor or the party who directed you to use the Services.
3. OWNERSHIP OF USER CONTENT AND LICENSE TO US. Through your access to the Services, you will create voice recordings that allow Licensor to assess your language skills and other related characteristics (“Assessment Data”). By using the Services, you agree that all the Assessment Data collected by Licensor shall belong exclusively to Licensor and that Licensor may make the Assessment Data available to its clients for purposes of measuring and assessing your language skills. To the extent a court of competent jurisdiction determines that any Assessment Data does not belong to Licensor for any reason, you hereby grant Licensor a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your Assessment Data through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any Assessment Data. You also grant Licensor a non-exclusive, transferable, assignable, royalty-free, worldwide license to use Assessment Data in connection with the Services that Licensor provides to you and Licensor’s clients.
4. RESTRICTIONS ON LICENSE. This Agreement allows you to make certain uses of the Services, but you do not own it. Licensor may disable the ability to use the Services if you do not comply with the terms of this agreement, and in that event, your license will also terminate. You may not do the following:
a. Attempt to reverse engineer, decompile, or disassemble the Services.
b. Work around any technical limitations in the Services without specific written authorization from Licensor.
c. Make copies of any portion of the Services.
d. Rent, sell, give, lease, or lend the Services or any information obtained using the Services to any third party.
e. You may not use the Services to attempt to access without authorization any service, account, network, or data by any means.
f. You may not use the Services in any manner that breaches any applicable law, including laws regarding privacy and the intellectual property rights of third parties.
5. EXPORT RESTRICTIONS. The Services, like many software products, is subject to the export laws and regulations of the United States of America. You agree to comply with all domestic and international export laws and regulations that may apply to the Services.
6. DISCLAIMER OF WARRANTY. THE SERVICES ARE LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING THEM. LICENSOR, ITS EMPLOYEES, AFFILIATES, SHAREHOLDERS, OFFICERS, AND AGENTS (“COVERED PARTIES”) MAKE NO WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE SERVICES. IN PARTICULAR, THEY MAKE NO WARRANTY AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. CERTAIN JURISDICTIONS LIMIT THE APPLICABILITY OF DISCLAIMER LANGUAGE SUCH AS THAT CONTAINED IN THIS AGREEMENT, AND WHERE SUCH LIMITATIONS ARE IN FORCE, YOU MAY HAVE RIGHTS DIFFERENT FROM THOSE SET FORTH IN THIS SECTION.
7. LIMITATION OF REMEDIES AND DAMAGES. IN ANY CLAIM (INCLUDING CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER TORT) RELATED TO THE SERVICES OR THIS AGREEMENT, YOU AGREE THAT YOU MAY RECOVER FROM LICENSOR ONLY DIRECT DAMAGES UP TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES OR ONE HUNDRED U.S. DOLLARS. YOU AGREE THAT YOU WILL NOT SEEK OR CLAIM FROM ANY OF THE COVERED PARTIES, AND LICENSOR SHALL NOT BE RESPONSIBLE FOR, ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, EQUITABLE RELIEF, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF ANY COVERED PARTY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND EVEN IF REPAIR, REPLACEMENT, OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATS YOU FOR ANY LOSSES.
8. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Licensor from and against any and all claims, lawsuits, judgments, settlements, costs, and attorney fees and court costs, including on appeal, related to your use of the Services, information obtained or manipulated through the use of the Services, and any claim brought by a third party related to your use of the Services. This obligation includes, but is not limited to your breach of any of the obligations set forth in this agreement.
9. APPLICABLE LAW AND JURISDICTION. The laws of the State ofUtah, without reference to its choice of law provision, shall apply to this agreement. In the event of a dispute in any way related to this agreement, the Services, or data acquired or manipulated in conjunction with the Services, then the parties hereby submit themselves to the exclusive personal jurisdiction in the state and federal courts of the State of Utah.
10. YOUR ACCOUNT. You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Licensor reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account.
11. ATTORNEY FEES. In case of an action to enforce any rights or conditions of this Agreement, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
12. ENTIRE AGREEMENT. This Agreement is a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
13. NON-WAIVER. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision or of the right to enforce such provision or any other provision.
14. SEVERABILITY; BINDING EFFECT. If any provision of this Agreement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. This Agreement shall be binding on and inure to the benefit of the parties and their heirs, personal representatives, successors, and assigns.
15. FORCE MAJEURE. Licensor will not be liable for or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond Licensor’s reasonable control.