Last Updated Effective as of May 1, 2024
1. INTRODUCTION
At ESLSpeakNow LLC, located at 3430 Bonway Ln, Houston, TX 77045 ("ESLSpeakNow," "we," "us," or "our"), we value your privacy and are committed to protecting your personal information. These Terms and Conditions govern your use of VocabularizePro (the "App"), provided by ESLSpeakNow LLC. By accessing or using the App, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the App. This Privacy Policy outlines your privacy rights concerning the collection, use, and protection of personal information through our websites, mobile applications, or online services (collectively referred to as "our Services"). It explains how we utilize, disclose, and safeguard this information, as well as how you can opt out of certain uses and disclosures. Please note that this Privacy Policy does not extend to information collected through other channels, such as over the phone, by mail, or in person, unless otherwise stated or required by law.
Your decision to use our Services and provide personal data is entirely voluntary. We clearly indicate on our online, mobile, and other registration forms the types of personal data we request. You have the option to refrain from submitting requested information online or to restrict the use of cookies (refer to our Cookie Policy and Your Rights & Choices section for further details), although this may limit the services we can provide to you.
Our Services cater to a general audience and are not intended for, nor do we knowingly collect personal data from, individuals under the age of 16. We kindly request that minors under 16 do not provide personal data through our Services. Please refer to the COPPA Compliance section for additional information.
Recognizing that information privacy is an ongoing responsibility, we periodically update this Privacy Policy to reflect new personal data practices or adopt new privacy policies.
2. APP DESCRIPTION
VocabularizePro represents a sophisticated and meticulously crafted application, meticulously developed by ESLSpeakNow LLC, to cater to the discerning needs of language learners worldwide. This versatile and intuitive tool transcends traditional boundaries, seamlessly integrating into both mobile and desktop environments, ensuring accessibility and convenience for users across various platforms.
Designed with a profound understanding of the challenges faced by students in mastering language skills, VocabularizePro offers a comprehensive suite of features meticulously curated to enhance vocabulary acquisition and retention. Users are empowered to create personalized accounts, enabling them to curate and manage their individual learning journeys with unparalleled flexibility and precision.
One of the hallmark features of VocabularizePro is its robust administrative functionality, affording administrators, including ESLSpeakNow LLC, the ability to curate and disseminate curated vocabulary sets to users, thereby enriching the learning experience and fostering a collaborative environment conducive to academic excellence.
Committed to adhering to the highest standards of data privacy and security, VocabularizePro prioritizes the protection of user information, employing state-of-the-art encryption protocols and stringent data management practices to safeguard sensitive data.
With a steadfast commitment to innovation and user-centric design principles, VocabularizePro represents a paradigm shift in language learning technology, poised to revolutionize the educational landscape and empower students to achieve linguistic proficiency with unparalleled efficiency and efficacy.
3. COPPA COMPLIANCE
In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), ESLSpeakNow LLC is committed to compliance with its provisions and associated regulations.
Protection of Children's Privacy: We recognize the importance of protecting the privacy of children online. Therefore, we do not knowingly collect personal information from children under the age of 13 without verifiable parental consent.
Parental Consent: In cases where we determine that a user is under the age of 13, we will seek verifiable parental consent before collecting, using, or disclosing any personal information from the child.
Use of Age Screening Mechanisms: We employ age screening mechanisms to prevent children under the age of 13 from accessing our services without parental consent.
Parental Rights and Control: Parents have the right to review the personal information collected from their children, request its deletion, and refuse further collection or use of the information.
Educational Purposes: Our services are designed for educational purposes and are not directed at children under the age of 13 without appropriate parental consent.
Notification of Changes: In the event of any material changes to our COPPA compliance practices, we will notify parents and seek verifiable parental consent before implementing such changes.
Contact Information: Parents who have questions or concerns about our COPPA compliance practices or wish to exercise their rights under COPPA may contact us using the information provided below.
By using our services, parents acknowledge and agree to our compliance with COPPA and our commitment to protecting children's online privacy rights.
For inquiries regarding COPPA compliance or to exercise your rights under COPPA, please contact us at:
Website: vocabularizepro.com
Email: contact@eslspeaknow.com
Ensuring compliance with COPPA is a priority for ESLSpeakNow LLC, and we appreciate the trust parents place in us to protect their children's privacy
4. USER ACCOUNTS
A. Account Creation: Users are required to create accounts with VocabularizePro by providing accurate and current information, including usernames and passwords. By creating an account, users agree to comply with these Terms and Conditions and any applicable laws.
B. User Responsibility: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts. Users agree to promptly notify ESLSpeakNow LLC of any unauthorized use of their accounts or any other security breaches.
C. Data Accuracy: Users agree to provide accurate, current, and complete information when creating their accounts. ESLSpeakNow LLC reserves the right to suspend or terminate accounts with inaccurate or incomplete information.
D. Use of Accounts: User accounts are for personal use only and may not be transferred or shared with others. Users are prohibited from using automated scripts or other means to access or use their accounts without authorization.
E. Account Termination: ESLSpeakNow LLC reserves the right to suspend or terminate user accounts that violate these Terms and Conditions or engage in fraudulent, illegal, or abusive behaviour. Users may also request to delete their accounts, subject to applicable laws and regulations.
F. Data Privacy: ESLSpeakNow LLC collects and processes user data in accordance with its Privacy Policy. By creating an account, users consent to the collection, use, and disclosure of their personal information as described in the Privacy Policy.
G. Minors: Users under the age of 16 must obtain parental consent before creating an account. ESLSpeakNow LLC does not knowingly collect personal information from minors without parental consent.
H. Modification of Accounts: Users may update their account information or preferences at any time through the VocabularizePro platform. ESLSpeakNow LLC reserves the right to modify or discontinue account features or services at its discretion.
5. USER RIGHTS, RESPONSIBILITIES, AND USAGE POLICIES
A. Ownership: Users retain ownership of any content they create, upload, or submit to VocabularizePro, including vocabulary lists and definitions. However, users grant ESLSpeakNow LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display their content within the application for educational purposes.
B. Use of Content: Users agree to use VocabularizePro and its content solely for personal, educational, or non-commercial purposes. Commercial use of content requires prior written consent from ESLSpeakNow LLC.
C. Advertising: ESLSpeakNow LLC may display third-party advertisements within VocabularizePro, which may be targeted based on user interests or behaviour. Users acknowledge that ESLSpeakNow LLC is not responsible for the content of third-party advertisements or the products or services offered by advertisers. Users may have the option to opt out of targeted advertising within VocabularizePro, as outlined in the Privacy Policy.
D. Prohibited Activities: Users are prohibited from engaging in any of the following activities while using VocabularizePro:
1. Violations of Law: Users shall not use VocabularizePro for any unlawful purpose or in violation of any local, state, national, or international laws or regulations.
2. Unauthorized Access: Users shall not attempt to gain unauthorized access to any accounts, systems, or networks connected to VocabularizePro, nor shall they use VocabularizePro to circumvent any security measures or access control mechanisms.
3. Interference: Users shall not interfere with the proper functioning of VocabularizePro or disrupt the operation of the platform, including but not limited to introducing viruses, trojan horses, worms, or other harmful or disruptive code.
4. Unauthorized Use: Users shall not use VocabularizePro in any manner that could damage, disable, overburden, or impair the platform or interfere with any other party's use of VocabularizePro.
5. Intellectual Property Violations: Users shall not infringe upon the intellectual property rights of ESLSpeakNow LLC or any third party, including but not limited to copyrights, trademarks, patents, or trade secrets.
6. Misuse of Content: Users shall not reproduce, distribute, modify, or exploit any content obtained from VocabularizePro for commercial purposes without prior written consent from ESLSpeakNow LLC.
7. False Representations: Users shall not impersonate any person or entity or provide false or misleading information while using VocabularizePro.
8. Harassment or Abuse: Users shall not engage in harassment, abuse, or discrimination against any other users or individuals while using VocabularizePro.
9. Data Mining or Scraping: Users shall not engage in data mining, data harvesting, data scraping, or any other unauthorized collection of information from VocabularizePro.
10. Unauthorized Commercial Activities: Users shall not engage in any unauthorized commercial activities on VocabularizePro, including but not limited to advertising, solicitation, or selling of goods or services without prior consent.
6. THIRD-PARTY LINKS
Within the VocabularizePro application, there may be links provided to third-party websites or applications ("Third-Party Links") for additional resources or information. ESLSpeakNow LLC endeavours to ensure that these Third-Party Links are relevant and reputable; however, we do not endorse or guarantee the accuracy, completeness, or reliability of any content, products, services, or information provided by these third parties.
By accessing Third-Party Links, you acknowledge and agree that ESLSpeakNow LLC is not responsible for any aspect of these third-party websites or applications, including but not limited to their content, privacy practices, terms of use, or accessibility. Your use of Third-Party Links is at your own risk, and you should review the terms of use and privacy policies of these third parties before interacting with their websites or applications.
ESLSpeakNow LLC expressly disclaims any liability for any loss or damage arising from your use of Third-Party Links or reliance on any content, products, services, or information provided by these third parties. Inclusion of Third-Party Links within the VocabularizePro application does not imply endorsement or affiliation with the third-party websites or applications.
Please note that your interactions with third-party websites or applications are governed by their respective terms of use and privacy policies, which may differ from those of ESLSpeakNow LLC. We encourage you to exercise caution and discretion when accessing Third-Party Links and to contact the third parties directly if you have any questions or concerns regarding their content or practices.
7. USE OF OUR SERVICES - INFORMATION COLLECTED AUTOMATICALLY & OTHER INFORMATION
A. Information Collection: When you use VocabularizePro, ESLSpeakNow LLC may automatically collect certain information about your device and usage of the services. This information may include your IP address, browser type, operating system, device identifiers, and other technical data.
B. Cookies and Similar Technologies: We may use cookies, web beacons, and other similar technologies to collect information about your interactions with our services and to personalize your experience. These technologies may also be used for analytics, advertising, and other purposes as described in our Cookie Policy.
C. Location Information: With your consent, we may collect and process information about your approximate location based on your device's IP address or other location data provided by you.
D. Usage Information: We may collect information about how you use VocabularizePro, including the pages you visit, the features you use, the content you access, and the actions you take.
E. Information Provided by You: In addition to automatically collected information, you may choose to provide certain personal information to us when using VocabularizePro, such as your name, email address, and other details required for account registration or communication purposes.
F. Purpose of Information Collection: The information collected automatically and provided by you may be used for various purposes, including but not limited to improving our services, providing personalized content and recommendations, analysing usage trends, detecting and preventing fraud, and communicating with you about updates or promotions.
G. Third-Party Services: We may integrate third-party services, such as analytics providers or advertising networks, which may also collect information about your interactions with VocabularizePro. These third parties may use cookies or similar technologies to track your activity across different websites and applications.
H. Data Retention: We retain collected information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
I. Opt-Out Options: You may choose to opt out of certain data collection and processing activities, such as targeted advertising, by adjusting your device or browser settings or by contacting us directly. However, please note that opting out may impact your ability to access certain features or functionality of VocabularizePro.
8. ADMINISTRATOR'S RIGHTS
As the administrator of VocabularizePro, ESLSpeakNow LLC reserves certain rights to ensure the proper functioning, security, and integrity of the platform. These rights include, but are not limited to:
A. Account Management:
1. The ability to create, modify, or delete user accounts as necessary to maintain the platform's operations and security.
2. Managing user access levels, permissions, and privileges to safeguard sensitive information and prevent unauthorized use.
B. Content Management:
1. Monitoring and moderating user-generated content to ensure compliance with community guidelines, terms of service, and applicable laws.
2. Removing or editing content that violates policies or poses a risk to the platform's integrity or reputation.
C. Platform Maintenance:
1. Conducting routine maintenance, updates, and optimizations to improve performance, security, and user experience.
2. Addressing technical issues, bugs, or vulnerabilities that may arise to maintain the platform's reliability and functionality.
D. Policy Enforcement:
1. Enforcing terms of service, acceptable use policies, and community guidelines to promote a safe and respectful environment for all users.
2. Taking appropriate action, including account suspension or termination, in cases of misconduct, abuse, or violation of platform rules.
E. Data Management:
1. Managing user data in accordance with privacy policies and applicable regulations, including data collection, storage, and protection measures.
2. Responding to user requests regarding data access, correction, or deletion in compliance with privacy laws.
F. Policy Development:
Developing and updating platform policies, procedures, and guidelines to reflect evolving legal requirements, industry standards, and community feedback.
ESLSpeakNow LLC acknowledges the importance of exercising these rights responsibly and transparently to maintain user trust and uphold the platform's integrity. Users can contact ESLSpeakNow LLC for inquiries, feedback, or concerns regarding the exercise of administrator rights within VocabularizePro.
9. DISPUTE RESOLUTION
In the event of any disputes or disagreements arising between users and ESLSpeakNow LLC regarding the use of VocabularizePro or these Terms and Conditions, both parties agree to seek resolution through the following process:
A. Negotiation: The parties involved shall first attempt to resolve the dispute amicably through good-faith negotiation. This may involve direct communication between the parties or facilitated discussions.
B. Mediation: If negotiation fails to achieve a satisfactory resolution, the parties agree to engage in mediation facilitated by a neutral third party. The mediator will assist in facilitating communication and negotiation to reach a mutually acceptable solution.
C. Arbitration: If mediation is unsuccessful in resolving the dispute, both parties agree to submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single arbitrator appointed in accordance with the applicable rules.
D. Governing Law and Jurisdiction: Any disputes arising from or relating to these Terms and Conditions or the use of VocabularizePro shall be governed by and construed in accordance with the laws of Texas, United States. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
By using VocabularizePro, users acknowledge and agree to abide by this dispute resolution process. This process is intended to provide an efficient and effective means of resolving disputes in a fair and impartial manner, thereby avoiding the need for costly and time-consuming litigation.
10. DISCLAIMER OF WARRANTIES
VOCABULARIZEPRO IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. ESLSPEAKNOW LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR AVAILABILITY OF VOCABULARIZEPRO OR THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, ESLSPEAKNOW LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. ADDITIONALLY, ESLSPEAKNOW LLC DOES NOT WARRANT THAT VOCABULARIZEPRO WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF VOCABULARIZEPRO IS AT THEIR OWN RISK, AND THEY ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS, DEVICES, OR DATA RESULTING FROM ACCESSING OR USING THE PLATFORM. ESLSPEAKNOW LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF VOCABULARIZEPRO IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN SUCH JURISDICTIONS, THE LIABILITY OF ESLSPEAKNOW LLC SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. LIMITATION OF LIABILITY
In no event shall ESLSpeakNow LLC, its directors, officers, employees, affiliates, agents, or licensors be liable to users or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use VocabularizePro. ESLSpeakNow LLC shall not be liable for any direct damages, costs, liabilities, or losses arising out of the use or reliance on VocabularizePro or any content, products, or services obtained through the platform. This includes any errors, inaccuracies, or omissions in the content provided on VocabularizePro, unauthorized access to or use of ESLSpeakNow LLC's servers, systems, or databases, interruption, suspension, modification, or discontinuation of VocabularizePro or any part thereof, viruses, bugs, trojan horses, or other harmful components transmitted through VocabularizePro by any third party, and any third-party content, advertisements, products, or services displayed, accessed, or linked to through VocabularizePro. Users acknowledge and agree that the foregoing limitations of liability are reasonable and essential elements of these Terms and Conditions. In jurisdictions where such limitations are not permitted, ESLSpeakNow LLC's liability shall be limited to the fullest extent permitted by applicable law. Users further agree that the total liability of ESLSpeakNow LLC and its affiliates, agents, officers, directors, employees, and licensors, whether based on contract, tort (including negligence), strict liability, or otherwise, shall not exceed the amount paid by the user, if any, for accessing or using VocabularizePro. By using VocabularizePro, users acknowledge and agree to waive any and all claims against ESLSpeakNow LLC and its affiliates, agents, officers, directors, employees, and licensors to the maximum extent permitted by law.
12. INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless ESLSpeakNow LLC, its directors, officers, employees, affiliates, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with their use of VocabularizePro. This includes any violation of these Terms and Conditions or any applicable laws, regulations, or third-party rights, as well as any misuse of VocabularizePro or negligent or wrongful conduct on the part of the user. ESLSpeakNow LLC reserves the right to assume the exclusive defence and control of any matter subject to indemnification by the user, in which case the user agrees to cooperate fully with ESLSpeakNow LLC in asserting any available defences. This indemnification obligation will survive termination of these Terms and Conditions and the user's use of VocabularizePro.
13. APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
14. CHANGES TO TERMS AND CONDITIONS
ESLSpeakNow LLC reserves the right to modify or replace these Terms and Conditions at any time. It is your responsibility to review these Terms and Conditions periodically for changes. Your continued use of the App after any changes constitutes acceptance of those changes.
15. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.
16. WAIVER
The failure of ESLSpeakNow LLC to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by an authorized representative of ESLSpeakNow LLC.
17. NOT ADVICE
Nothing contained in VocabularizePro or these Terms and Conditions constitutes legal, financial, medical, or any other type of professional advice. Users should seek appropriate professional advice or guidance where necessary.
18. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between users and ESLSpeakNow LLC regarding the use of VocabularizePro, superseding any prior agreements or understandings between the parties, whether oral or written. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
19. CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at:
Website: eslspeaknow.com
Email: contact@eslspeaknow.com