Last updated March 15, 2022
First Effective: September 3, 2021
Envision Learn, Inc.(“Envision Learn“, “we,” “our” or “us”) owns and operates (i) the Envision Learn website located at https://www.envisionlearn.com (the “Site”); and (ii) the services to provide educational events and related content (“Content”). The Site, the Content and related services are collectively referred to as the “Services” and are subject to these Terms of Service (these “Terms”).
“Registrant” means a person that registers for an online event, or otherwise accesses Content or uses the Site.
“Guardian” means the parent or legal guardian of any Registrant who is under 18 years of age who agrees to be bound to these Terms on behalf of a that Registrant.
IMPORTANT — PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN THE REGISTRANT AND/OR ANY APPLICABLE GUARDIAN AND ENVISION LEARN GOVERNING THE USE OF THE SERVICES. BY REGISTERING FOR AN EVENT, OR OTHERWISE USING OR ACCESSING THE SERVICES (OR ANY PART THEREOF) IN ANY MANNER YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF OR YOUR REGISTRANT IF YOU ARE A GUARDIAN (INCLUDING ENVISION LEARN’S PRIVACY NOTICE AND ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW); (2) REPRESENT THAT REGISTRANT IS ELIGIBLE TO ENTER INTO THESE TERMS PURSUANT TO THE REQUIREMENTS SET FORTH IN THIS AGREEMENT; (3) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) ON BEHALF OF THE REGISTRANT; AND (4) AGREE THAT REGISTRANT IS ENTERING INTO THESE TERMS (INCLUDING ALL OF THE TERMS SPECIFIED OR REFERENCED BELOW) WITH ENVISION LEARN, INC.
PLEASE NOTE, THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE REGISTRANT TO SUBMIT CLAIMS REGISTRANT HAS AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF REGISTRANT’S RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH, AND SUBJECT TO, SECTION 16. IN ADDITION, PLEASE BE ADVISED THAT ENVISION LEARN DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THESE TERMS LIMIT OUR LIABILITY TO REGISTRANT. PLEASE SEE SECTIONS 4 AND 10 FOR FURTHER INFORMATION.
Registrant’s for the Services must (i) be at least 18 years of age or the age of majority in Registrant’s or (ii) have obtained consent from Guardian in accordance with these Terms and applicable law in order to register for the Services. If the Registrant is under the age of 18 years then Guardian agrees to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms ON BEHALF OF THE REGISTRANT.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, OR YOU DO NOT HAVE AUTHORITY TO BIND REGISTRANT TO THESE TERMS, DO NOT REGISTER AN ACCOUNT OR OTHERWISE ACCESS OR USE THE SERVICES OR ANY PART THEREOF.
3.1. Data Privacy; Personal Data. You acknowledge and agree that, as between the parties, with respect to the collection, transmission, disclosure, processing and/or use of any personally identifiable data and/or information of Registrant through or in connection with the use of the Services (“Personal Data“), that is subject to any applicable laws, rules, or regulations pertaining to data privacy or data security (“Data Protection Laws”), Personal Data provided to, or collected by, Envision Learn in connection with Registrant’s use of the Services shall only be used in accordance with these Terms and Envision Learn’s Privacy Notice. Registrant expressly consents to Envision Learn’s use of Personal Data of Student Users in accordance with these Terms and as set forth in the Privacy Notice.
3.2. User Data. Registrant understands and agrees that Envision Learn may collect data and information, which may include Personal Data in connection with Registrant’s use of the Services (“User Data“). By using the Services and providing User Data Registrant grants to Envision Learn a non-exclusive, royalty-free, fully-paid, worldwide license to use User Data as reasonably necessary for Envision Learn to provide Registrant the Services hereunder. Notwithstanding the foregoing, Registrant acknowledges and agrees that Envision Learn may use and fully exploit any aggregated non-personally identifiable data and/or information collected or obtained from Registrant’s use of the Services for any purpose.
3.3. User Content. The Services contain or provide access to educational Content and opportunities for to Registrant interact with the Services. Registrants may also be given the opportunity to post, submit, publish, display or transmit to Envision Learn and/or to other users or other persons, communications, content or materials on or through the Services,(“Registrant Content“). By providing any Registrant Content on or through the Services, Registrant grants us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and disclose such Registrant Content in connection with Registrant’s use of the Services. Subject to the limited license expressly granted herein, Registrant shall retain all right, title and interest in and to the Registrant Content and all intellectual property rights therein. Envision Learn will not review, share, distribute, or reference any Registrant Content except as provided in these Terms, the Privacy Notice, or as may be required by law.
3.4. Content Standards. Envision Learn takes conduct and use violations very seriously. If Registrant posts, submits or otherwise provides Registrant Content or engages in behavior in any manner in violation of these Terms, or in a way that Envision Learn deems to be unacceptable (in its sole discretion), such use may result in immediate account suspension or cancellation and the possibility that Envision Learn will pursue civil remedies. In addition, without limiting any other rights or remedies of Envision Learn hereunder, Envision Learn retains the authority to remove any Registrant Content that it deems in violation of these Terms, or otherwise unacceptable, at its sole discretion.
3.5. Responsibility for User Data & Registrant Content. Registrant acknowledges and agrees that (i) any User Data and/or Registrant Content that Registrant posts, submits, transmits in connection with the use of the Services may result in content that other user can see, and (ii) that Registrant, not Envision Learn, is solely responsible for any User Data and/or Registrant Content submitted, transmitted and/or contributed by Registrant, including its legality, reliability, accuracy and appropriateness. By providing User Data and/or Registrant Content, Registrant represents and warrants that (a) Registrant owns or controls all rights in and to Registrant Content, and has the necessary rights to grant the licenses granted in Sections 3.2 and 3.3 above; (b) Registrant has obtained all permissions and/or approvals as may be necessary or required to transmit User Data in connection with the use of the Services; and (c) all User Data and Registrant Content does and will comply with these Terms.
3.6. Third Party Integrations. The Services may embed and/or integrate third party applications which are not controlled or owned by Envision Learn, for example, the Services use Zoom (collectively, “Third Party Integrations“). Registrant acknowledges and agrees that Third Party Integrations are operated by the applicable third party providers of such Third Party Integrations, who may collect, access, and use personal information and/or data of Registrant in connection with the use of such Third Party Integrations in a manner differently than we do and we do not control their use of your information. ENVISION LEARN IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS AS TO, SUCH THIRD PARTY INTEGRATIONS, THEIR CONTENT OR THE MANNER IN WHICH THEY HANDLE REGISTRANT’S DATA. ENVISION LEARN IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH REGISTRANT’S RELIANCE ON THE PRIVACY PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTY INTEGRATIONS. Registrant is responsible for reviewing the privacy notices of such Third Party Integrations.
4. ACCESS AND USE OF THE SERVICES
4.1. Access to the Services and Content
4.2. Prohibited Use. Registrant shall not, and shall not permit any third party to:
4.3. User Interactions. Registrant acknowledges and agrees that Registrant may have the opportunity to engage in interactions and dealings with other users of the Services. Registrant acknowledges and agrees that any problems or disputes between Registrant and another user with respect to any interactions, dealings, and/or communications must be resolved solely between Registrant and the applicable user. ENVISION LEARN IS NOT RESPONSIBLE FOR ANY LOSS, HARM OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH INTERACTIONS OR DEALINGS, AND ENVISION LEARN HAS NO OBLIGATION TO BECOME INVOLVED IN ANY RESULTING DISPUTE.
4.4. Disputes. IF THERE IS A DISPUTE BETWEEN REGISTRANT AND ANY OTHER USERS THROUGH THE SERVICES OR ANY THIRD PARTY, REGISTRANT AGREES THAT ENVISION LEARN IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT REGISTRANT HAS A DISPUTE WITH ONE OR MORE OTHER USERS, REGISTRANT RELEASES ENVISION LEARN, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. IF REGISTRANT IS A CALIFORNIA RESIDENT, REGISTRANT SHALL AND HEREBY DOES WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Registrant expressly agrees that Envision Learn is permitted to bill Registrant for the applicable fees, any applicable tax and any other charges Registrant may incur with Envision Learn in connection with such, and Registrant or the applicable Guardian hereby authorizes Envision Learn or a third party to charge the fees to the credit card, or other payment method.
5.2. Taxes. The fees are exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes“), and Registrant is and shall be responsible for payment of all such taxes (other than taxes based on Envision Learn’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Services, or performance of any services by Envision Learn hereunder.
6.2. Termination; Suspension. Registrant may terminate these Terms at any time by providing Envision Learn written notice of such termination to firstname.lastname@example.org or by ceasing using the Services. At any time, Envision Learn may (i) suspend or terminate Registrant’s rights to access or use the Services (or any part thereof), or (ii) terminate these Terms with respect to Registrant if Envision Learn, in good faith, believes that Registrant has used the Services (or any part thereof) in violation of these Terms, including any incorporated policies, guidelines, terms or rules. Without limiting the foregoing, if at Envision Learn’s reasonable determination, Registrant uses the Services (or any part thereof) or any other material or services provided by Envision Learn to Registrant in a manner that violates laws, creates an excessive burden or potential adverse impact on Envision Learn’s systems, in addition to any of its other rights or remedies, Envision Learn may, without liability to Envision Learn, immediately suspend or terminate Registrant’s access to the Services.
6.3. Changes and Modifications. Envision Learn reserves the rights to either temporarily or permanently modify, suspend or discontinue the Content and/ or Services (or any part thereof) with or without notice. Registrant agrees that Envision Learn will not be liable to Registrant or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
6.4. Effect of Termination. Upon termination of these Terms, the right to use the Services will automatically terminate. The following Sections shall survive any termination or expiration of these Terms: 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18 and 17.
9.1. THE SERVICES AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY ENVISION LEARN, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ENVISION LEARN AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
9.2. ENVISION LEARN AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT SERVICES (OR ANY PART THEREOF) OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY ENVISION LEARN OR CONTENT MADE AVAILABLE THROUGH THE SERVICES: (I) WILL MEET REGISTRANT’S REQUIREMENTS; (II) WILL BE COMPATIBLE WITH REGISTRANT’S HOME NETWORK, OR COMPUTER DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY REGISTRANT FROM ENVISION LEARN OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.
16.1. Governing Law. These Terms will be governed by the laws of the State of California, United States of America without giving effect to any conflict of laws principles. The United Nations Convention on Contract for the International Sale of Goods in its entirety is expressly excluded from these Terms.
16.2. Disputes. Except as otherwise set forth in these Terms, Registrant agrees that any dispute between Registrant and Envision Learn arising out of or relating to these Terms the Services (or any part thereof) (collectively, “Disputes“) shall be governed by the provisions set forth in this Section.
16.3. Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section, Registrant agrees to first contact us directly at email@example.com to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, Registrant or Envision Learn may institute arbitration in accordance with the procedures set forth in this Section.
16.4. Dispute Resolution. Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 16.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in San Francisco, California unless otherwise mutually agreed to by the parties. The arbitration shall be conducted under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
16.5. Opting-Out of Arbitration. REGISTRANT MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING ENVISION LEARN WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. REGISTRANT’S NOTICE MUST INCLUDE: (I) REGISTRANT’S FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS REGISTRANT USED WITH THE SERVICES; AND (III) A CLEAR STATEMENT THAT REGISTRANT DECLINES THIS AGREEMENT TO ARBITRATE.
16.6. Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent Registrant has in any manner violated or threatened to violate any of Envision Learn’s intellectual property rights, Envision Learn may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and Registrant hereby consents to the personal jurisdiction and exclusive venue in such courts.
16.7. No Class Actions. REGISTRANT MAY ONLY RESOLVE DISPUTES WITH ENVISION LEARN ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN’T ALLOWED UNDER THESE TERMS.
16.8. Venue. In the event that the agreement to arbitrate is found not to apply Registrant’s or our claim, Registrant and Envision Learn agree that any judicial proceeding will be brought in the federal or state courts of San Francisco, California. Both Registrant and Envision Learn consent to venue and personal jurisdiction there.
©2022 Envision Learn, Inc. All rights reserved.
Envision Learn is hosting a FREE Session on
September 26, 2021, 9:00-9:30am PT about
“How Artificial Intelligence (AI) is Used to Understand Language”.
The talk will be given by Envision Learn’s Founder – a published researcher from Stanford University.