Effective Date: March 1, 2020
Welcome to ESL Works. Please read on to learn the rules and restrictions that govern your use of our website, applications, features, messaging services, and content (the “Services”), as well as our privacy practices.
Access to and Use of the Services
The materials displayed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ESL Works') rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that ESL Works owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under sixteen (16). We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
ESL Works may change, suspend or discontinue the Services (or terminate or suspend your use of the Services) for any reason, at any time, in our sole discretion. ESL Works makes no commitment to update the Services.
User Content and Usage Restrictions
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. If you access or use third-party services through the Services that are not owned or controlled by ESL Works, you accept that there are risks in doing so, and that ESL Works is not responsible for such risks.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, and that you are legally permitted to use the Services. You acknowledge and agree that if you contribute Content to the Services (“User Content”), you hereby do and shall grant ESL Works a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so in order to provide the Services. If permitted through the functionality of the Services, you also hereby do and shall grant each user of the Services a nonexclusive license to use your User Content.
You represent, warrant and agree that you will not post, upload, share, store, or otherwise contribute any User Content or otherwise use the Services or interact with the Services in a manner that (i) infringes or violates the intellectual property rights of anyone else (e.g., copyright, trademark, privacy, publicity rights, etc); (ii) violates any law or regulation; (iii) is dangerous, libelous, fraudulent, deceptive, threatening, defamatory, discriminatory, obscene, pornographic, harassing, hateful, offensive or otherwise objectionable; (iv) contains sexually explicit content or pornography, or depicts unlawful acts or extreme violence; (v) contains a virus, Trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information; (vi) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services; (vii) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content; (viii) violates the security of any computer network; or (ix) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of the foregoing is grounds for termination of your right to use the Services.
You may receive communications through the Services, including messages that ESL Works sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want ESL Works to send you information, which may include ESL Works using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from ESL Works, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from ESL Works. You agree to indemnify and hold ESL Works harmless from and against any and all claims, liabilities, damages (actual or consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
In addition, the following terms apply to the extent you use SMS messaging while using our Services:
- When you opt-in to the Services, we will send you an SMS message to confirm your signup.
- Users will receive plain text messages. They will arrive in the form of a . The user will respond to the question and will automatically receive a message with their graded response. On occasion, the user might receive messages that include media and audio files.
- You can cancel the SMS portion of the Service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up to the Services as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our Services as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers:
- Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
- Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
***Carriers are not liable for delayed or undelivered messages***
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages at varying level of frequency. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
- If you have any questions regarding privacy, please read the rest of these Terms carefully.
We take your privacy seriously. The following provisions cover our treatment of personally identifiable information (“Personal Information”) that we gather when you use our Services, but these Terms do not apply to the practices of companies we don’t own or control, or people that we don’t manage. “Personal Information” means any information that identifies or relates to a particular individual. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined in these Terms, and you hereby consent that we will collect, use, and share your information in the following ways.
Personal Information We Collect
In order for you to use the Services, we will collect Personal Information such as your name, phone number, email address, and any other information you knowingly provide to us. You employer may also provide us with this information if you communicate with your employer that you would like to use the Services.
If you’ve given us your email address, we may communicate with you, including by sending you promotional email offers on behalf of ESL Works or other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. If you do not want to receive communications from us, please indicate your preference by sending an email to firstname.lastname@example.org].
How We Use Your Personal Information
We process Personal Information to operate, improve, understand and personalize our Services, including for the following purposes: (i) to meet or fulfill the reason you provided the information to us; (ii) to communicate with you about the Services; (iii) to provide support and assistance for the Services; (iv) to personalize website content and communications based on your preferences; (v) to improve and develop the Services; (vi) to protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services; (vii) to comply with our legal or contractual obligations, resolve disputes, and enforce our Terms; or (viii) to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
How We Share Your Personal Information
We do not rent or sell your Personal Information in personally identifiable form to anyone. We will share your Personal Information only as follows:
- Service Providers: We may engage other companies and people to perform tasks on our behalf and may need to share your Personal Information with them to provide services to you. For example, third parties that help us provide our Services may include hosting and other technology and communications providers, security and fraud prevention consultants, and staff augmentation and contract personnel. We may disclose this Personal Information to these service providers for the following business purposes: (i) detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; (ii) debugging to identify and repair errors that impair existing intended functionality; (iii) performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, or providing similar services; or (iv) undertaking internal research for technological development and demonstration.
- Business transfers: If we or substantially all of our assets are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
We may also de-identify and aggregate your Personal Information so that you are not identified as an individual, and provide that information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience.
Data Security and Retention
We endeavor to protect the privacy of your Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We retain Personal Information about you for as long as you have an open account with us, for as long as needed to fulfill a particular purpose for which it was collected, or as otherwise necessary to provide you with our Services. In some cases we retain Personal Information for longer, if doing so is necessary to comply with legal obligations or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Disclaimers and Limitation of Liability
Warranty Disclaimer. ESL Works and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (ESL Works and all such parties together, the “ESL Works Parties”) make no representations or warranties concerning the Services and Content, and the ESL Works Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of the Content or Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. THE SERVICES AND CONTENT ARE PROVIDED BY ESL WORKS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ESL WORKS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO ESL WORKS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the ESL Works Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (i) your use of the Services, and (ii) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for you (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Changes to these Terms
We may need to change these Terms from time to time along with our Services, but we will alert you to changes by placing a notice on our website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Terms is effective, that means you agree to all of the changes. Use of information we collect is subject to the Terms in effect at the time such information is collected.
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without ESL Works' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ESL Works shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ESL Works’ reasonable control. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are the complete and exclusive statement of the mutual understanding of the parties with respect to the Services and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
If you have any questions or comments about these Terms, please do not hesitate to send us a detailed message to firstname.lastname@example.org and we will try to resolve your concerns.