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 March 6, 2009.
This
Terms of Use Agreement (“Agreement”) sets forth the standards of use of the G2nd
Systems, LLC Web pages and/or Online Services. G2nd Systems, LLC is the
exclusive licensee of Global Second Language, Inc., the owner of the copyright
in this web site. 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
G2nd
Systems, 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 G2nd Systems, LLC on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, G2nd Systems, LLC and Global
Second Language, Inc., each respectively 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. G2nd
Systems, LLC and Global Second Language, Inc., each respectively shall have no
liability for any interruptions in the use of this Website. G2nd Systems, LLC
and Global Second Language, Inc., each respectively 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
G2ND SYSTEMS, LLC AND/OR GLOBAL SECOND LANGUAGE, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR G2ND SYSTEMS, LLC AND/OR GLOBAL SECOND LANGUAGE, INC. 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 THE PRODUCTS/MATERIALS SOLD, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF G2ND SYSTEMS, LLC AND/OR GLOBAL SECOND LANGUAGE, INC. RESPECTIVELY 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 G2nd Systems, 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
G2nd
Systems, LLC reserves the right to modify or discontinue the Service with or
without notice to the Member. G2nd Systems, LLC shall not be liable to Member or
any third party should G2nd Systems, LLC exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that G2nd Systems, 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 G2nd Systems, 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.
G2nd
Systems, 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 March 6, 2009.
This
Copyrights & Trademarks Disclosure (“Disclosure”) is incorporated into the
standards of use of the G2nd Systems (collectively, G2nd Systems, LLC and Global
Second Language, Inc.) 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
G2nd
Systems, 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
B.1. Educational Testing Service (“ETS”). Global Second Language, Inc. and G2nd Systems, LLC (collectively, “G2nd Systems”), is an ETS TOEIC® Authorized Test Center and utilizes ETS institutional TOEIC® tests internally as an authorized institutional test center. ETS is the exclusive owners of any and all proprietary rights of copyright in and to the ETS Tests. Copyright (©) 2008 Educational Testing Service, Princeton, New Jersey, U.S.A. All rights reserved. These materials are protected by United States Laws, International Copyright Laws and International Treaties.
B.2.
G2nd Systems, LLC is the exclusive licensee of Global Second Language, Inc., 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 an authorized officer of Global Second Language, Inc.
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 ©2008 G2nd
Systems, LLC and ©2005-2008 Global Second Language, Inc., with all rights
reserved, or is the property of G2nd Systems, LLC, Global Second Language, Inc.,
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 Second Language,
Inc. 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 Second
Language, Inc.
Global 2nd Language®, Global Second Language®, Your Perspective Matters®, GSL® , G2nd™, G2nd Systems®, GSL® Intercultural English, GSL Intercultural English™, Global Collaborative Business Environments™, GSL Six-Step Model™ or GCBE 6-Step Model™, Multiple Cultures at the Same Time™ Three-step Model, GSL AccentClarity™ In English, Virtual Meetings-Multiple Cultures™, CorporateMobilityToGo™, Global Rising Stars™, Presentations Across Multiple Cultures™, Focus-On-Writing™, ReloHelpDesk™, G2nd Mobility™, www.global2ndlanguage.com™, www.globalsecondlanguage.com™, www.G2nd.com™, www.global2nd.com™, www.englishasatool.com™, www.yourperspectivematters.com™, www.u-communicate.com™, www.globalrisingstars.com™, www.G2ndPerspectives.com™, www.G2ndMobility.com™, www.gsltraining.com™, www.G2ndSystems.com™, www.interculturalenglish.com™, www.gslenglish.com™, www.g2ndeducation.com, and others 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 G2nd Systems, 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 G2nd Systems LLC or Global Second Language, Inc.
B.3. All other trademarks displayed on this 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 G2nd Systems (collectively, G2nd Systems, LLC and Global Second Language, Inc.). 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, G2nd Systems, LLC and Global Second Language, Inc.,
respectively, 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
G2nd
Systems, 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, G2nd Systems, 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 October 13, 2008.
PLEASE READ THIS PRIVACY POLICY BEFORE ACCESSING OUR WEBSITE.
A. Acknowledgement and acceptance of terms
G2nd
Systems, 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 the G2nd Systems 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 G2nd Systems, 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
G2nd Systems, LLC collects
certain information from and about its users three ways: directly from our Web
Server logs, the user, and with Cookies. For information about our G2nd Online Store Policies, please click here.
(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.
G2nd Systems, 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.
G2nd
Systems, 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. 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.
When you request information about a product through our Online Store, 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 or product, we will request financial information. Any financial information we collect is used only to bill you for the services or products that you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.
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. G2nd Systems, LLC Web pages may contain electronic images
known as Web beacons – sometimes also called single-pixel gifs – that allow G2nd
Systems, LLC to count users who have visited those pages and to deliver
co-branded services. G2nd Systems, 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. G2ND SYSTEMS, 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
G2nd
Systems, 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:
G2nd
Systems, LLC
Attention: Privacy Statement, Personal
Post Office Box 3240
San Ramon, CA 94583
United States
G2nd
Systems, 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
G2nd Systems, 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.