Terms of Use Agreement
PLEASE READ THIS TERMS
OF USE AGREEMENT BEFORE ACCESSING OUR WEBSITE.
Effective
Date: This Terms of Use Agreement was last updated on December 8, 2006.
This Terms
of Use Agreement (“Agreement”) sets forth the standards of use of the Global 2nd
Language, LLC Web pages and/or Online Service. By using the
www.G2nd.com website you (the “Visitor” or “Member”)
agree to these terms and conditions. If you do not agree to the terms and
conditions of this Agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at
www.G2nd.com website. Your continued
visitation to this website or use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended.
1. Description of Service
Global
2nd Language, LLC is providing Visitor or Member with information
about our programs and services and/or access to our online educational
programs and/or services (“Service”). Visitor or Member must provide (1) all
equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member’s access to the Internet, and (3) pay any fees
relate with such connection.
2. Disclaimer of
Warranties.
The
site is provided by Global 2nd Language, LLC on an “as is” and on an
“as available” basis. To the fullest extent permitted by applicable law, Global
2nd Language, LLC makes no representations or warranties of any
kind, express or implied, regarding the use or the results of this web site in
terms of its correctness, accuracy, reliability, or otherwise. Global 2nd
Language, LLC shall have no liability for any interruptions in the use of this
Website. Global 2nd Language, LLC disclaims all warranties with
regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
3.
Limitation
of Liability
GLOBAL
2nd LANGUAGE, LLC SHALL NOT be liable for
any damages whatsoever, and in particular GLOBAL
2nd
LANGUAGE, LLC shall not be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to this web site or the information contained in
it, whether such damages arise in contract, negligence, tort, under statute, in
equity, at law, or otherwise, even if GLOBAL 2nd LANGUAGE, LLC has
been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4.
Indemnification
Visitor or
Member agrees to indemnify and hold Global 2nd Language, LLC, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs, made by any third
party due to or arising out of Member’s use of the Service, the violation of
this Agreement, or infringement by Visitor or Member, or other user of the
Service using Member’s computer, of any intellectual property or any other
right of any person or entity.
5.
Modifications
and Interruption to Service
Global 2nd Language, LLC
reserves the right to modify or discontinue the Service with or without notice
to the Member. Global 2nd Language, LLC shall not be liable to Member or any
third party should Global 2nd Language, LLC exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that Global 2nd
Language, LLC does not guarantee continuous, uninterrupted or secure access to
our website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6.
Third-Party
Sites
Our
website may include links to other sites on the Internet that are owned and
operated by online merchants and/or other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or through,
any third-party site. You should contact the site administrator or webmaster
for those third-party sites if you have any concerns regarding such links or
the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Visitors and Members to review said
privacy policies of third-parties’ sites.
7.
Disclaimer
Regarding Accuracy of Vendor Information
Product
specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Global 2nd
Language, LLC makes every effort to ensure that the information on this website
is accurate, we can make no representations or warranties as to the accuracy or
reliability of any information provided on this website.
Global 2nd
Language, LLC makes no warranties or representations whatsoever with regard to
any product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall be at
your own risk.
8.
Governing
Jurisdiction of the Courts (California)
Our
website is operated and provided in the State of California. As such, we are subject
to the laws of the State of California, and such laws will govern this Terms of
Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State of California.
9.
Compliance
with Laws
Visitor or
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Visitor or Member further agrees not to transmit any
material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
10.
Copyright and Trademark
Information
PLEASE READ
THIS COPYRIGHTS AND TRADEMARKS DISCLOSURE BEFORE ACCESSING OUR WEBSITE.
Effective
Date: This Copyrights & Trademarks Disclosure was last updated on December
8, 2006.
This
Copyrights & Trademarks Disclosure (“Disclosure”) is incorporated into the
standards of use of the Global 2nd Language, LLC Web pages and/or
Online Services. By using the
www.G2nd.com website you (the “Visitor” or
“Member”) acknowledge that you have read and understood the terms and
conditions outlined in this Disclosure, which is also made a part of the Terms
of Use Agreement. We reserve the right, at any time, to modify, alter, or
update this Disclosure without prior notice. Modifications shall become
effective immediately upon being posted at
www.G2nd.com
website. Your continued visitation of
our Web pages (“Visitation”) or use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Terms of Use Agreement, as
applicable, and its modifications. Except as provided in this paragraph, this
Disclosure may not be amended.
A.
Description of Visitation or Service
Global
2nd Language, LLC is providing Visitor or Member with access to
information about our programs and services and/or access to our online
educational programs. Visitor or Member must provide (1) all equipment
necessary for their own Internet connection, including computer and modem and
(2) provide for Member’s access to the Internet, and (3) pay any fees relate
with such connection.
B.
Copyright and Trademark Information
Global
2nd Language, LLC is the owner of the copyright in this web site.
You may not copy, download, store, transmit, or otherwise make electronic or
paper copies of this site, or any portion thereof, without express permission
of Global 2nd Language, LLC. Permission is freely granted for most
requests. All other rights reserved. Please
contact us to for further
information.
All
content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2006
Global 2nd Language, LLC and
www.G2nd.com, with all rights reserved, or is the
property of Global 2nd Language, LLC and/or third parties protected
by intellectual property rights. Any use of materials on the website, including
reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an
authorized officer of Global 2nd Language, LLC is strictly
prohibited. Visitors and Members agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor or copy our web
pages or the content contained therein without prior written permission of an
authorized officer of Global 2nd Language, LLC.
Global
2nd Language™, Global Second Language™, Your Perspective Matters™,
GSL™ , G2nd™, Intercultural English—A New Global Tool™, AccentClarityInEnglish™,
CorporateMobilityToGo™, Dynamic Presentations for Multiple Cultures™,
Focus-On-Writing™, ReloHelpDesk™, www.global2ndlanguage.com™,
www.globalsecondlanguage.com™, www.yourperspectivematters.com™,
www.u-communicate.com™, www.globalrisingstars.com™ and www.G2nd.com™ are
proprietary marks of Global Second Language, Inc. Global Second Language,
Inc.’s trademarks may not be used in connection with any product or service
that is not provided by Global 2nd Language, LLC or Global Second
Language, Inc., in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Global 2nd
Language, LLC or Global Second Language, Inc.
All
other trademarks displayed on Global 2nd Language, LLC’s website are
the trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors or Associations. In addition,
such use of trademarks or links to the web sites of Vendors is not intended to
imply, directly or indirectly, that those Vendors or Associations endorse or
have any affiliation with Global 2nd Language, LLC. If you have any
questions concerning this, please
contact us for further information.
11. Notification of Claimed
Copyright Infringement
Pursuant
to Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act,
www.G2nd.com Global 2nd Language, LLC
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By
Mail:
Susan
Rosenfield
Fennemore-Craig,
PC
3003
N. Central Avenue, Suite 2600
Phoenix, AZ 85012
By
Telephone: +1 (602) 916-5317
By
Email:
srosenfi@fclaw.com
12.
Botnets
Global 2nd
Language, LLC retains the right, at our sole discretion, to terminate any
accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, Global 2nd Language,
LLC reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
13. Privacy Policy
This document was last updated on December 8,
2006.
PLEASE READ THIS
PRIVACY POLICY BEFORE ACCESSING OUR WEBSITE.
A. Acknowledgement and
acceptance of terms
Global
2nd Language, LLC is committed to protecting your privacy. This
Privacy Statement sets forth our current privacy practices with regard to the
information we collect when you or your computer interact with our website.
By accessing
www.G2nd.com,
you acknowledge and fully understand Global 2nd Language’s Privacy
Statement and freely consent to the information collection and use practices
described in this Website Privacy Statement.
B.
Participating
Merchant & Strategic Partner Policies
Related
services and offerings with links from this website, including vendor,
strategic partner or professional association sites, have their own privacy
statements that can be viewed by clicking on the corresponding links within
each respective website. Online merchants, G2nd strategic partners,
associations, and others who participate in Global 2nd Language, LLC
services are encouraged to participate in industry privacy initiatives and to
take a responsible attitude towards consumer privacy. However, since we do not
have direct control over the policies or practices of participating merchants,
G2nd strategic partners, associations, and other third parties, we are not
responsible for the privacy practices or contents of those sites. We recommend
and encourage that you always review the privacy policies of merchants, G2nd
strategic partners, associations, and other third parties before you provide
any personal information or complete any transaction with such parties.
C.
Information We Collect
and How We Use It
Global 2nd
Language, LLC collects certain information from and about its users three ways:
directly from our Web Server logs, the user, and with Cookies.
(1)
Web Server Logs. When you visit our website, we may
track information to administer the site and analyze its usage. Examples of
information we may track include:
-
Your Internet protocol address.
-
The kind of browser or computer you use.
-
Number of links you click within the site.
-
State or country from which you accessed the site.
-
Date and time of your visit.
-
Name of your Internet service provider.
-
Web page you linked to our site from.
-
Pages you viewed on the site.
(2) Use of Cookies. Global 2nd
Language, LLC may use cookies to personalize or enhance your user experience. A
cookie is a small text file that is placed on your hard disk by a Web page
server. Cookies cannot be used to run programs or deliver viruses to your
computer. Cookies are uniquely assigned to you, and can only be read by a Web
Server in the domain that issued the cookie to you.
One
of the primary purposes of cookies is to provide a convenience feature to save
you time. For example, if you personalize a web page, or navigate within a
site, a cookie helps the site to recall your specific information on subsequent
visits. Hence, this simplifies the process of delivering relevant content and
eases site navigation by providing and saving your preferences and login
information as well as providing personalized functionality.
Global
2nd Language, LLC reserves the right to share aggregated site
statistics with strategic partner companies, but does NOT allow other companies
to place cookies on our website unless there is a temporary, overriding
customer value (such as merging into
www.G2nd.com a site that relies on third-party
cookies).
YOU
HAVE THE ABILITY TO ACCEPT OR DECLINE COOKIES. Most Web browsers automatically
accept cookies, but you can usually modify your browser setting to decline
cookies. If you reject cookies by changing your browser settings then be aware
that this may disable some of the functionality on our Website.
(3) Personal Information Users.
Visitors to our website
can register to receive our free monthly e-newsletter, Global Perspectives
(including access to archived issues), or inquire about educational course
registration or purchasing services. When you register, we will request some
personal information such as name, address, email, telephone number or
facsimile number, and other relevant information. If you are purchasing an
online service, we will request financial information. Any financial
information we collect is used only to bill you for the services you purchased.
If you purchase by credit card, this information may be forwarded to your
credit card provider. For other types of registrations, we will ask for the
relevant information. You may also be asked to disclose personal information to
us so that we can provide assistance and information to you. For example, such
data may be warranted in order to provide online technical support and
troubleshooting.
WE
WILL NOT DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT FROM YOU TO
THIRD PARTIES WITHOUT YOUR PERMISSION EXCEPT TO THE EXTENT NECESSARY INCLUDING:
-
To
fulfill your service requests for services.
-
To
protect ourselves from liability,
-
To
respond to legal process or comply with law, or
-
In
connection with a merger, acquisition, or liquidation of the company.
(4) Use of Web
Beacons or GIF files. Global 2nd Language, LLC Web pages may contain
electronic images known as Web beacons – sometimes also called single-pixel
gifs – that allow Global 2nd Language, LLC to count users who have
visited those pages and to deliver co-branded services. Global 2nd
Language, LLC may include Web beacons in promotional e-mail messages or
newsletters in order to determine whether messages have been opened and acted
upon.
Some
of these Web beacons may be placed by our third party service providers to help
determine the effectiveness of our advertising campaigns or email
communications. These Web beacons may be used by these service providers to
place a persistent cookie on your computer. This allows the service provider to
recognize your computer each time you visit certain pages or emails and compile
ANONYMOUS INFORMATION in relation to those page views, which in turn enables us
and our service providers to learn which advertisements and emails bring you to
our website and how you use the site. GLOBAL 2nd LANGUAGE, LLC
PROHIBITS WEB BEACONS FROM BEING USED TO COLLECT OR ACCESS YOUR PERSONAL
INFORMATION.
D. Accessing Web Account
Information
We
will provide you with the means to ensure that personally identifiable
information in your web account file is correct and current. You may review
this information by contacting us.
E. Changes to
this Statement
Global
2nd Language, LLC has the discretion to occasionally update this
privacy statement. When we do, we will also revise the “updated” date at the
top of this Privacy page. We encourage you to periodically review this privacy
statement to stay informed about how we are helping to protect the personal
information we collect. Your continued use of the service constitutes your
agreement to this privacy statement and any updates.
F. Contacting Us
If you have questions
regarding our Privacy Statement, its implementation, failure to adhere to this
Privacy Statement and/or our general practices, please
contact us
or send your comments to:
Global
2nd Language, LLC
Attention: Privacy Statement, Personal
Post
Office Box 3240
San
Ramon, CA 94583
United
States
Global
2nd Language, LLC will use commercially reasonable efforts to
promptly respond and resolve any problem or question. Thank you for taking the
time to read our privacy statement.
14. Other
Terms
If any
provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by Global
2nd Language, LLC, in our sole discretion, to a third party in the
event of a merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Visitor or Member. Visitor or
Member agrees that by accepting this Terms of Use Agreement, Visitor or Member
is consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy Statement, if
applicable.