Terms of Use

esplearning.com. ESP provides assistance via an interactive online testing platform to prospective global customers.

Agreement to Terms of this Website. By accessing and/or using this website, you agree to be bound by our Terms and all Applicable Law as defined herein governing this website and the delivery of services to you by a esplearning.com family member. If you do not agree to these Terms set forth, then do not use this website.

Modifications. esplearning.com is continually improving its services, offerings and updating its Terms as laws change. Consequently, this website and/or our Terms will be modified and/or discontinued from time to time at the sole discretion of esplearning.com. Also, given changes in the industry, regulation, technology and business factors, we encourage you to review our Terms each time you visit our websites to make sure you understand our current Terms and to check for any updates or changes to our policies.

Permitted Use & Access. You are permitted a limited, revocable authorization to access, utilize, browse or simply view this platform solely for your own personal, non-commercial use. Your use and conduct is strictly regulated by Applicable Law as defined herein. Any other use is strictly prohibited.

Jurisdiction, Venue & Disputes. This website is operated by a esplearning.com. esplearning.com makes no representation that the Materials, Terms or website are legal or appropriate for use in all countries. If you choose to access this website, you do so at your own risk. You agree that any dispute whatsoever arising under our Terms, the use or access of and/or involving this website, shall be governed by and construed in accordance international laws, (collectively referred to herein as "Applicable Law") without regards to conflict of law provisions.

IP & Publicity Provision.This website and all materials, including but not limited to, images, content, illustrations, design, posts, audio clips, video clips, operation, structure, "look and feel", software, logos, pictures, trade names, trademarks, other commercial or product designations of the esplearning.com family, and any other related property ("Materials") are the property of the esplearning.com family and/or third party licensors. These Materials are protected from unauthorized copying and/or dissemination by copyrights that are owned or licensed by the esplearning.com family and by Applicable Law as defined herein, foreign laws and international conventions. You are strictly prohibited from modifying and/or altering Materials including but not limited to the Materials’ copyright legends and/or proprietary notices. You may not reproduce, sell, perform, create derivative works from, republish, upload, post, transmit, frame, display, publicly perform, or distribute in any way whatsoever Materials from this website (including but not limited to the use of the Materials on any other website and/or in a networked computer environment) without the prior written consent of the esplearning.com family. Any modifications or use of Materials in any manner not provided herein shall constitute an infringement of the esplearning.com family’s rights. Separately, you shall not identify or make reference to esplearning.com in any public announcement, communication, press release, advertising or other promotional modality regardless of its form without the prior written consent from esplearning.com.

Software Licenses. All software that is made available for downloading from the website ("Software") is protected by copyright and may be protected by other rights. The use of such Software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.

Links and Search Results. This website may automatically produce search results that reference or link to third party sites throughout the World Wide Web. The esplearning.com family is not affiliated with these third parties and has no control over these third party sites or their content. The esplearning.com family Terms apply solely to the esplearning.com family and its websites.

Disclaimers. The esplearning.com family does not promise that this website or its Materials shall be complete, reliable, error free, free of virus or contamination, or uninterrupted. The website and its Materials are provided on "as is" and "as available" basis. The esplearning.com family and its suppliers, to the fullest extent permitted by law, specifically disclaim all warranties, expressed or implied of any nature whatsoever related to every aspect and element of this website including but not limited to warranties of merchantability and fitness for a particular purpose. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE DESTRUCTION OF SOFTWARE AND/OR HARDWARE, OR THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, esplearning.com IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THOSE COSTS WHATSOEVER. FURTHER, IN NO EVENT SHALL esplearning.com, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, FORESEEABLE, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE AND/OR INABILITY TO USE THE WEB SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT esplearning.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Violation of Terms & Indemnity. If you violate the Terms, your permitted use is automatically terminated. You agree to indemnify, hold harmless and defend the esplearning.com family and affiliates from all loss, liability, damage, or claims including reasonable attorneys’ fees arising out of your act(s) or omission(s), any breach of the Terms and/or any unauthorized use of this website.

Legal Proceedings. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this website, our Terms, and/or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party attorneys’ fees, costs, and expenses.

Public Forum. Our website may make chat rooms, message boards, and/or news groups available to its users. Please remember that the information that is disclosed in these areas becomes public information. You should not disclose your personal information when using these areas. In addition, any conduct or content that is illegal or inappropriate is strictly prohibited from the website. The views, content and opinions expressed in the public Forums do not necessarily represent the views and opinions of the esplearning.com family.

User Submissions.Generally, any communication which you post to the website is considered to be non-confidential. If particular web pages permit the submission of communications, which will be treated by esplearning.com as confidential, that fact will be stated in Legal Notices on those pages. By posting communications to the website, you automatically grant esplearning.com a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. esplearning.com does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. esplearning.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications, which allegedly do not conform to this Agreement, esplearning.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. esplearning.com has no liability or responsibility to users for performance or nonperformance of such activities. esplearning.com reserves the right to expel users and prevent their further access to the website for violating esplearning.com Terms or Applicable Law and the right to remove communications which are abusive, illegal, or disruptive.

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General Privacy Policy
This website collects certain personal information about all users who access our website and who register as members and customers. Please read the following Privacy Policy that explains how we manage the personal information we collect. By visiting this site, you are accepting the practices described in this Privacy Policy.
From time to time we may amend our Privacy Policy without notice by posting the changes on our website. Changes to our Privacy Policy will automatically be effective ten days after the revised Privacy Policy is posted on our website. You can review the most current version of our Privacy Policy at any time at our website.
This Privacy Policy anticipates some services and activities that are not currently provided.

This policy will explain:
1. Personally identifiable information that we collect
2. What we do with information about you
3. Who is collecting information about you
4. Who we disclose information to
5. Your choices with respect to collecting, using, and distributing information about you
6. How to access, update and delete your personal information
7. The security precautions we take to prevent your personal information from being lost, misused, or altered
8. Credit card information
9. What "cookies" are and how they are used


1. PERSONALLY IDENTIFIABLE INFORMATION THAT WE COLLECT
This website collects information in several ways on our website(s).
When you register to become a member and when you make a purchase, we collect personal information about you. During the registration and credit card process, we ask for specific information like your name, email address, return postage address, credit card account number, name on your credit card, expiration date and billing address of your credit card account. This information becomes your "permanent" identity. Once you register you are no longer anonymous to this website™.
In addition to registration we may ask you for additional personal information (such as your gender, date of birth, preferences etc) when you enter a sweepstakes, contest or promotion sponsored by this website and/or our affiliates; and when you report a problem with our website or any of our services. If you contact us we may keep a record of that correspondence. We also occasionally ask users to complete surveys that we use for research purposes. Wherever we collect personal information we make an effort to include a link to this Privacy Policy on that page.
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2. WHAT WE DO WITH INFORMATION ABOUT YOU

Our primary goal in collecting personal information is to provide fulfillment services to you, the customer, and with an efficient experience on our website. This will include personalization services, interactive communications, online shopping and many other types of services.
Only certain staff have access to your account, unless you have been referred to us from an affiliate company, in which case we may be required to share your account information with that specific affiliate. (Please also refer to other Sections below.) From time to time you will receive special offers via email from us.
We do research on our users' demographics, interests, and behavior based on the information provided to us upon registration, during promotions, from our server log files or from surveys. We do this to better understand our business and serve our users. This research is compiled and analyzed on an aggregated basis. We may share this aggregated data with advertisers or business partners.
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3. WHO IS COLLECTING INFORMATION ABOUT YOU
When you are on our website and supply personal information, you are sharing that information only with us, except as otherwise provided below. Some of our services are offered in conjunction with an affiliate company. To provide this co-branded service to you, your personal information may also be collected by the affiliate company. Your personal information collected by an affiliate company will be subject to the Privacy Policy of the affiliate company. If you do not want your personal information to be collected by one of our affiliate companies, you should not use any services provided by the affiliate company.
Promotions that run on our site may be sponsored by companies other than us or may be cosponsored by us and another company. Some or all data collected during a promotion may be shared with the sponsor. If you don't want your data to be shared with a company that sponsors a promotion or contest, do not participate in the promotion or contest. The information practices of those websites linked to us are not covered by this Privacy Policy.
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4. WHO WE DISCLOSE INFORMATION TO

As a general rule, we will not disclose any of your personally identifiable information, except when we have your permission, or under special circumstances such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.
Affiliated Businesses We Do Not Control: Some of our services are offered in conjunction with an affiliate company. In some cases, these affiliate companies refer users to us or sell products to you from their websites. In other cases, we provide services to or sell products jointly with these affiliate companies. We may share customer information related to those transactions with that business.
Agents: We sometimes employ other companies and individuals to perform functions on our behalf. Examples include printing postcards, delivering postcards to the United States Postal Service, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These other companies have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to groups of our customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your Email Preferences. From time to time, you may be given the opportunity to receive materials or special offers from third parties. If you opt-in to receive information from these third parties, we will share your name and email address with them.
Sponsors: Many promotions offer opportunities to request additional information from sponsors. By requesting more information, you give us permission to transfer your personal information to the sponsor so they can fulfill your request. In many instances, only your email address will be shared, but other information may be shared.
Products Purchased from Merchants other than us: If you purchase a product from a merchant on this website other than ours, the information obtained during the purchase and the information you give such as your credit card number and billing address is provided to the merchant. This enables sale transactions to take place. Merchants selling products on our website have separate privacy and data collection practices, and if you purchase a product from a merchant, you will be subject to the merchant's privacy and data collection policies. We have no responsibility or liability for the privacy and data collection practices of independent merchants. For more information regarding a merchant, its website, and privacy policies, return to that merchant's home page and click on its privacy policy.
Third Party Data & Data in the Aggregate: We may disclose aggregated user statistics (for example, "45% of our users are male") to describe our services to prospective affiliates, advertisers, and other third parties, and for other lawful purposes.
Business Transfers: As we continue to develop our business, we might sell or buy businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that we, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Other: We may also disclose user account and personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our User Agreement or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. We may disclose or access account information and your personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
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5. YOUR CHOICES WITH RESPECT TO COLLECTING, USING, AND DISTRIBUTING YOUR INFORMATION ABOUT YOU
We may occasionally send you email about products and services that we feel may be of interest to you. Only our company (or agents working on behalf of us and under confidentiality agreements) will send you these direct mailings.
Click here to go to your Email Preferences if you want to check or change your decision about receiving occasional email offers or information from us.
On some types of promotions, we will use your email address to update you on your score, entries, and status in prize drawings. When you participate in these types of promotions, you automatically receive promotion-related email, unless you choose the no-email option that some promotions offer. Occasionally these promotion-related email messages might include targeted advertisements.
You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services that require registration to participate.
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6. HOW TO ACCESS, UPDATE AND DELETE YOUR PERSONAL INFORMATION
You may eventually be able to edit your information at any time by using your email ID.
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7. THE SECURITY PRECAUTIONS WE TAKE TO PREVENT YOUR PERSONAL INFORMATION FROM BEING LOST, MISUSED, OR ALTERED

Your account information is not currently password-protected. Eventually you may be able to access this personal information. You may then be able to edit certain fields in your account information using your user ID and password. To change your address, purchase postcards with a credit card that has your new billing address and enter the same new address on that page.
We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your account and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. After you have registered and provided a credit card, you are responsible for the use of our service.
Any time we ask for credit card information, we transmit that credit card information in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption. This is described more fully in Section 10 below.
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8. CREDIT CARD INFORMATION
Any time we ask for credit card information we transmit that credit card information in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
Real time authorization, capture and execution of credit card purchases are performed over the Internet via Authorize.net. In addition to checking for a valid credit card number, the system verifies the billing address to help reduce fraud. We use VeriSign SSL to provide a secure connection with the client. Verisign is a leader in SSL providers, and the our SSL certificate comes with the VeriSign NetSure Protection Plan, which provides up to $100,000 of protection against economic loss due to theft, impersonation, corruption or loss of use of an ID. All accounting reports of credit card transactions are managed on a strictly confidential basis.
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9. WHAT "COOKIES" ARE AND HOW THEY ARE USED
As part of offering and providing customizable and personalized services, we might use "cookies" to store and sometimes track information about you. A "cookie" is a small amount of data that is sent to your browser from our web server and stored on your computer's hard drive. Whenever you log-in, our server requires that your computer accept cookies. Generally, we currently or in the future will use "cookies" to:
o Remind us of who you are and to access your account information (stored on our computers) to deliver to you a better and more personalized service. This cookie is set when you register or "Sign In" and is modified when you "Sign Out" of our services.
o Record information that you provide to us while visiting our site.
o Track the affiliate sites that you have visited prior to coming to our site.
We also collect IP addresses for system administration and to report aggregate information to our advertisers. In addition, it includes IP addresses in outgoing mail message headers.

 
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