English3 Services Terms
The SaaS products and services (“Services”) provided in connection with the website located at www.english3.com (the “Website”) are provided by English3, LLC (collectively, “us,” “we,” or “English3”). By accessing or using the Services, you (“you” or the “User”) signify that you have read, understand and agree to be bound by the terms and conditions set forth below (“Terms”). We reserve the right to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the bottom of the Terms the date they were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these (or any future Terms), you are not authorized to use or access (or continue to use or access) the Services. In the event of any conflict between these Terms and any other terms or conditions which may posted on the Website or made available via the Services, these Terms shall control.
Services are intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized and in violation of these Terms. By using the Services, you represent and warrant that you are 13 years of age or older. If you are over 13 but under 18, you are required to obtain parental consent to use of the Services before doing so, and by using the Services you represent that you have obtained such consent and are permitted to enter into these Terms in order to use the Services.
Registration Data; Account Security
Data Your Provide. In connection with registering for and using the Services you agree: (i) to provide accurate, current and complete information about you and your organization as prompted by the registration forms within the Services (“Registration Data”); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to English3, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
The current prices and payment methods that are available to you will be displayed during your payment processing. Not all payment methods are available in every country at a given time. Bank transfers and credit card payments may be used, depending on your location and local availability.
All amounts paid are non-refundable. The English3 fees do not include any VAT or other applicable taxes. You will be responsible for paying any applicable taxes and agree that we may include such taxes in your charges. Please note that you may separately incur telephone charges on your telephone bill while using the Service, depending on your location and your telephone calling plan.
All accounts will remain active until user cancels his or her subscription.
Proprietary Rights in Website Content; Limited License
All content on the Website and otherwise available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, (the “Content”) are the proprietary property of English3, its Users or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms, provided that the foregoing does not apply to your own Registration Data and data generated in connection with your use of the Services (“User Data”). Authorized Users may access and use the Services and the Content and download or print a reasonable number of copies of portions of the Content to which the User has properly gained access solely for the User’s personal use for language training purposes, provided that the User maintains all copyright or other proprietary notices on all copies of such Content. Except for your own User Data, you may not publish or otherwise distribute Content, including via the Internet or any intranet or extranet site, or incorporate the Content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Content. Any use of the Website or the Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Content granted herein. All rights of English3 or its licensors that are not expressly granted in these Terms are reserved to English3 and its licensors.
Profiles. The Services allow you to display certain information about yourself including without limitation your Registration Data, which may include your name, language abilities, performance test results, and/or gender (a “Profile”). Your Profile will display to other Users certain of your Registration Data and other content about you that you upload for use in your Profile (collectively the “Profile Content”). You agree to provide accurate and current information about you in your Profile and to promptly update the Profile Content to keep it accurate and current.
Profile Content. You are solely responsible for the Profile Content and all User Data, including without limitation messages, notes, text, information, listings, and any other content that you upload, publish or display (hereinafter, “post”) on or through the Services, or transmit to or share with other Users. You may not post, transmit, or distribute User Data that you did not create or that you do not have permission to post. You understand and agree that English3 may, but is not obligated to, review the Website and/or Services and delete or remove (without notice) any Content or User Data in its sole discretion, for any reason or no reason, including User Data that English3 believes violates these Terms. English3 has no backup or storage obligations regarding User Data. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Data you post or store on the Website or provide to English3. English3 does not verify the accuracy or authenticity of any User Data, including any claims made by other Users, and makes no representations or warranties with respect to any User Content.
License to User Data. When you post User Data or Profile Content in the Services, you grant, and you represent and warrant that you have the right to grant and do hereby grant, to English3 an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part) and distribute such User Data and Profile Content for purposes of providing, operating and promoting the Services or operating and maintaining English3’s business, including without limitation responding to legal requests, judicial orders and other similar governmental requests. Subject to the rights granted to us in these Terms, you retain full ownership of your User Data (but not your Profile or information contained therein as a copyrightable work, which is owned by English3).
English3 and other English3 graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, trade names or trade dress of English3 in the U.S. and other countries. You may not use English3’s trademarks, trade names or trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that English3 endorses any product or service. You may not reproduce or use English3’s trademarks, trade names or trade dress without the prior written permission of English3.
You agree to use the Services in compliance with these Terms. You represent and warrant that the User Data and all other content submitted to the Services through your account or otherwise posted, transmitted, or distributed by you on or through the Services will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) and that such content shall not contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to do any of the following in connection with your use of the Services:
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” or any other prohibited form of solicitation;
- upload, post, transmit, distribute, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another User;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- use or attempt to use another’s account, service or system without authorization from English3, or create a false identity on the Services;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of English3, is objectionable or which restricts or inhibits any other person from using the Website, or which may expose English3 or its Users to any harm or liability of any type; or
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other Users or writing or soliciting shill reviews.
You agree to comply with any applicable laws when using the Services. By using the Services, you represent and warrant that you (i) are not using the Services in any country that is the subject to a U.S. Government embargo and/or has been designated as a “terrorist supporting” country and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Websites and Content
The Services may contain links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on, or available through, the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by English3. If you decide to leave the Services and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the site.
Your communications or dealings with any other Users, including communications or dealings initiated through the Services, are solely between you and such Users, and you are solely responsible for such communications or dealings. English3 reserves the right, but has no obligation, to monitor disputes between you and any other Users on the Website. English3 is not responsible or liable in any manner for any loss or damage arising out of your communications or dealings with any other Users, including with respect to any goods or services offered by such Users or any media, document or other content posted by any User.
English3 is not responsible or liable in any manner for any User Data or Third Party Content posted on the Website or displayed in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter in the Services or in connection with any User Data or Third Party Content. English3 is not responsible for the conduct, whether online or offline, of any User. The Services may be temporarily unavailable from time to time for maintenance or other reasons. English3 shall have no liability for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Services. Under no circumstances will English3 be liable in any way for any personal injury or death resulting from the use of the Services, any User Content or Third Party Content, or any use of products or services provided by Users. THE SERVICES, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND ENGLISH3 DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENGLISH3 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. ENGLISH3 DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS IN THE SERVICES OR ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE PRODUCTS OR FROM A PROVIDER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
Limitation on Liability
IN NO EVENT WILL ENGLISH3 OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES OR THE PROVIDERS, EVEN IF ENGLISH3 IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENGLISH3’S LIABILITY TO YOU OR ANY PART CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENGLISH3 FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
English3 may terminate or suspend your account, your account or ability to use the Services, in whole or in part, without notice as specified in these Terms and in the event that (i) you fail to pay any fees due hereunder to English3 when due or (ii) you violate the Terms or violate any other rules that govern the use of the Services.
English3 may modify the Services, and all content, software and other items used or contained in the Services, at any time. References on the Services to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by English3.
You may ask to terminate your English3 Service account without refund by providing English3 with notice of termination through the “Contact Us” form link. Your access to and use of the Services, including any content therein, may be prevented by English3 at any time after your termination of your account.
Governing Law; Arbitration
At English3’s election and in its sole discretion, all disputes, claims, or controversies arising out of or relating to these Terms or the Website that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Phoenix, Arizona, USA, before a single arbitrator mutually agreed upon by the parties. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree to indemnify and hold English3 harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Data you post or distribute on or through the Services, your use of the Services, your interactions with other Users of the Services, or any violation of these Terms or of any law or the rights of any third party or otherwise arising out of your use of the Services.
These Terms constitute the entire agreement between you and English3 regarding the use of the Services and supersede any prior agreements between you and English3 relating to your use of the Services. The failure of English3 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions.
Information We Collect
Technical Information. Like most websites, we may collect certain technical information about your use of the Services that generally cannot be used to identify you without reference to other information (“Technical Information”). For example, we may collect your Internet Protocol (IP) address, browser type, language, operating system, and screen resolution.
Personal Information. We collect Personal Information, in general, through automated forms within the Services, that may include your name, e-mail address, location, contact information, and information about your employer. We also collect, and may combine with Personal Information, either technical information about your machine or information about how you have used or performed on our Services. Specifically, you have the opportunity to submit personal information to us in a few ways:
Registration. When you register to use any of our Services, we may collect your login name, real name, e-mail address, e-mail preferences, country, native language, other known languages and English proficiency, study preferences, and country of residence’, and we provide you the option to tell us your job title, Skype ID, and gender, as well as submit a photo of yourself and a short narrative profile (“Registration Information”). In general, we collect these fields for all of our Users. Some basic Registration Information may be collected when you register for English3 Services, and additional information may be collected when you access these additional Services.
Support. By clicking the “Support” link from our Services’ interface to contact us for support/help, you cause our system to populate a support form that includes Registration Information plus information about your system’s configuration (“Support Information”).
Downloads. You can download some of our assignments, materials, toolbars, to your machine to work offline. When you do so, we may collect and record information about your User preference settings, information about your mobile device, the time you spent on our site or in our application, the technical state you logged out from, and data about your activity with our downloaded content (“Download Information”).
Translations. When you enter words into our product interfaces to request a translation, the phrase you enter is associated with your User ID and saved on our system (“Translation Information”).
Usage. When you use our Services, for example to take assessment exams, ask questions, complete activities, or contribute to the Bloom Community, we collect and store your results, time spent, pages visited, links clicked and inputs on our systems (“Usage Information”).
How We Use Your Personal Information
To provide you the best learning experience we can, we may allow our Services to access and process information (including Personal Information) collected through other Services or through the present Services in the following ways:
How We Use Your Technical Information
- Registration Information to access your account, store your preferences, and identify appropriate training tools for you.
- Support Information to answer your inquiries and provide you with technical support.
- Download Information to integrate your offline activity with your online Profile and suggest appropriate training tools for you.
- Translation Information to track your progress and provide you with appropriate training tools to integrate your data with our other Services’ profiles.
- We also use your IP Address in combination with Registration Information and English3 on an aggregated basis to analyze the pages viewed within our Services, but we only use it for the purpose of helping us improve our English3 functionality and deliver appropriate training materials to you. We monitor the video viewing history we have compiled about Users on an aggregated basis, to gather statistics of popular videos and numbers of views, but we only use it for the purpose of helping us improve our English3 functionality and deliver appropriate training materials to you.
We track and reference your Usage Information, in aggregation with the Usage Information of other Users, to better understand how effective our Website is and how visitors interact with it. Only English3 has access to such analysis, which may be generated using third party software tools.
Sharing of Your Information
Third Party Service Providers
We may provide your Personal Information and Technical Information to third party companies and distributors to perform services on our behalf, including marketing assistance, e-mail delivery, hosting services, cloud servers, coaching sessions, customer service and data analysis. We may use independent contractors to provide services on our behalf and they may access your Personal Information in the course of providing those services. We require such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your Personal Information for any purpose other than to provide services to English3.
We store customer data, which may include your Personal Information, on public cloud servers. These servers are hosted by third party service providers in the United States. Our choice of provider is subject to change in our sole discretion and without updating this Policy. Our contracts with these providers guarantee that our information will remain confidential; however, no public cloud can be guaranteed to be 100% secure.
We use a third party tool to translate in real time. Some Usage Information may be visible to the operator of this tool but cannot be associated with a User.
Your e-mail inquiries through the “Support” and “Contact Us” functions are routed and stored by a third party service provider. Our choice of provider is subject to change in our sole discretion and without updating this Policy.
How to Access and Update Your Personal Information
At any time, you may contact English3 to request that we make changes to your Personal Information or delete your account entirely. If you request that we update or otherwise modify your information, we will amend your Personal Information within a reasonable time after your request.
However, please note that, after your Personal Information is changed, English3 will continue to store, use and disclose all Personal Information collected from you through the Services (including Personal Information which is no longer in active use due to its amendment in accordance with this section) for certain purposes permitted or required by applicable laws, including as we deem necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce our rights, or to protect the safety and security of our Services or other Users. The customers and natural persons concerned will be notified of the storing, use and disclosure, provided this notification does not conflict with any applicable law, regulation, legal process or governmental request.