Copyright Notice

All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web page are ©2014 Emtrain. All rights reserved. Permission is granted to download and print materials from this website for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Emtrain, is strictly prohibited.

Policy Concerning Infringement Claims and Repeat Infringers

Emtrain will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, Emtrain will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. Emtrain will, following appropriate investigation, terminate or disable access by repeat infringers. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to Emtrain’s designated agent, as reflected in Emtrain’s filings with the office of California’s Secretary of State.

What information do we collect?

We collect information from you when you place an order, subscribe to our newsletter, or fill out forms.

When ordering or registering on our site, as appropriate, you may be asked as a representative of your organization to enter your name, your email address (at your organization), your organization’s name, it’s mailing address, phone number, and/or credit card information. None of this information should be personal information.

You may, on the other hand, visit our site anonymously.

What do we use this information for?

Any of the information we collect from you may be used in one of the following ways:

To improve customer service: helps us to respond more effectively to your customer service requests and support your training needs;

To process transactions: We will use the information for the purpose of delivering purchased services;

To send periodic emails: We will use the information to keep you up-to-date on our ever evolving service products and other important related information. This type of information is to help you and your organization with typical and not-so-typical training needs.

Note: If, at any time, you or your organization would like to unsubscribe from receiving future emails, we include ‘unsubscribe’ instructions at the bottom of each email. Look for the link.

What do we use learner comments, questions, and feedback for?

Emtrain collects feedback, comments and questions through its courses, website, and correspondence solely for the purposes listed below. Emtrain will not share comments or feedback so that people feel comfortable sharing their candid thoughts, opinions, personal experiences, etc. However, the goal of soliciting your thoughts and feedback is to make it actionable so employers can be proactive and strategic. Towards that end, Emtrain will share redacted feedback and comments, stripping it of all personal identifying information. Only the redacted information will be shared with the employer community.

This is Emtrain’s public commitment so Clients, Partners, Learners, Vendors, Employees, Contractors, and anyone or anything connected to us knows our policy on protecting learner comments and other feedback. Only anonymous, aggregated feedback will be shared with employers and others to help improve workplaces.

DISCLAIMER: We answer learner comments, questions, and feedback solely for the following reasons:

Emtrain’s mission is to help facilitate, direct, and lift the interactions and cultures of workplaces wherever they need help. One of the ways we do this is by giving tailored best-practices to individual employees, managers, and the leaders of organizations to help create productive efficient organizations.

How do we protect your information?

We implement a variety of security measures to maintain the safety of personal information when placing orders and at every other point where personal information is entered, stored, and released.

Chief among our precautions is to instruct website visitors to NOT reveal or enter any private or personal data. This means you should only give us data which is not personal information¹. Any information you give us should belong to your affiliated organization. This means you should not enter any personal information in our website, forms, emails, or any other point of data collection. This is the only way you will not risk any chance of exposing your private or personal data. This means you should only be using your organization’s information: phone number, physical address, email address, credit card information, etc. This request is for your protection and ours.

Please know we only use and maintain secure servers. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Again, we do not want your personal information, even for the purchase of our services. We only want information that belongs to your organization. We do not want the responsibility or liability to maintain any personal data. Therefore, it is expressly understood that any data given to Emtrain either electronically or orally is expressly forbidden to be personal data, and is certainly not private (secure) personal data.

Do we use cookies?

Yes, we use cookies to help us remember and process of items coming from your shopping cart and compile aggregate data about site traffic and site interaction such that we can offer better site experiences and tools in the future. (Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your Web browser (which you control) that enables the websites or service providers systems to recognize your browser and capture and remember certain information.)

Do we disclose any personal/private information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personal/private information. This does not include trusted third parties who assist Emtrain in its operation of the website, conducting our business, or servicing you. These other parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our rights, property, or safety. However, non-personal information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

We value your privacy. This is why Emtrain has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.

Children’s Online Privacy Protection Act Compliance

Emtrain is ‘in compliance’ with the requirements of COPPA (Children’s Online Privacy Protection Act). This means, we do not collect any information from anyone under 13 years of age. Our website and services are all directed to people who are at least 13 years old or older.

Your Consent

By using our website, you and your organization consent to Emtrain’s Online Privacy Policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Contacting Us

If you have any questions regarding this privacy policy, you may contact us as per the information provided below.

Emtrain
2018 19th Street
Sacramento, CA 95818
USA

Customerservice@Emtrain.com

[1] - When giving your name to Emtrain, we require that you enter a public name for yourself. This should be a name that is not private and could not compromise your personal or financial security, safety, or privacy if release to the public; yet, it enables Emtrain to communicate with you. This is an important part of Emtrain’s Online Privacy Policy.

Emtrain License Agreement

This Emtrain license agreement (“Agreement”) is entered into either (1) by downloading, installing, copying, accessing or otherwise using Emtrain's proprietary Courses or Learning Management System (LMS) or (2) signing this Agreement. In consideration of the mutual promises contained in this Agreement, Licensee and Emtrain agree as follows:

DEFINITIONS:

  • The “Emtrain System” means the Library Subscription, Courses and/or products listed on the Charges Schedule, including the software hosting platform, web-based applications, electronic files and/or other training material, documentation or packaging provided by Emtrain.
  • A “Course” means computer based or web-based training material developed and owned by Emtrain and/or its licensors in various content areas, including all hard copy, machine-readable materials that comprise the course, all related images, sound recordings, text, software, electronic files, data, CD-ROM, DVDs, documentation or packaging provided by Emtrain. Courses may be hosted by Emtrain or be in SCORM or similar format as mutually agreed. Emtrain reserves the right to modify, restrict, or update any content contained in a Course throughout the term of the Agreement provided such changes comply with all of the terms of this Agreement. Once a Course has been assigned to a Learner and/or the Learner has started the Course(s), the License has been “used” and cannot be reassigned to a different Learner until the next renewal date. This means each renewal date all of licenses can be reassigned to different Learners for the new training year, except in cases where a Learner has an incomplete (In-Progress) course. In these cases, those Learners will be automatically assigned one of the licenses for the new training year.
  • A “Learner”:  Licensee may assign a license to its employees, consultants, independent contractors, and non-employees provided Licensee is responsible for such Learners’ compliance with the terms and conditions of this Agreement.
  • “Add-on Licenses”: Additional licenses (“Add-ons”) may be purchased at any time while the Agreement is in effect, at prices established in the Order. All Add-ons purchased during a term expire at the end of the current term, except if the Add-ons were purchased within 30 days of the next renewal date, in which case the Add-on licenses extend an additional 12 months.

GRANT OF LICENSE: Subject to the terms of this Agreement and payment of fees, Emtrain grants to Licensee a non-exclusive, non-transferrable right to use the quantity of licenses purchased (one Learner per License on one LMS). The Courses shall only be deployed and tracked on Licensee’s identified LMS.

TERM:  This Agreement takes effect as of the date last signed by Licensee and Emtrain, or the date Courses or the LMS are first downloaded, installed, copied, accessed or otherwise used, whichever is earlier, and shall continue for one year. This Agreement shall automatically renew annually unless either party notifies the other of cancellation in writing at least 60 days prior to the end of the current term.  

FEES: An order may take place by any lawful means, electronically or in writing, and may be confirmed by purchase orders, invoices, license keys, or other similar materials. An order may contain usage, business, legal and other terms and conditions agreed to by the parties.

Emtrain reserves the right to increase prices by a maximum of 3% each renewal period.

Licensee shall be responsible for all sales taxes, use taxes, value added taxes and any other taxes and charges of any kind imposed by any federal, state, or local governmental entity on the transactions contemplated by this Agreement, excluding taxes based solely upon Emtrain’s income. Any payment not received within 30 days of due date will trigger late charges for the Licensee at the rate of 2% per year or the maximum amount allowed by law (whichever is less) on all money past due.

Licensee shall reimburse reasonable collection fees and costs (including reasonable attorneys’ fees) with respect to undisputed amounts past due, provided reasonable prior written notice to Licensee has been made of such failure to pay and a reasonable opportunity to investigate and cure the failure to pay has passed (14 calendar days).

OWNERSHIP OF EMTRAIN COURSE FILES: The Courses are protected under U.S. copyright law and other intellectual property rights. Emtrain retains title, ownership, and copyrights of the Courses, including documentation and other content provided to Licensee by Emtrain. Emtrain reserves all rights in the Courses not expressly granted to Licensee. This Agreement is not a sale of the original Course, and Licensee may not sell, rent, lease, lend, sublicense, publish or otherwise distribute copies of the Course or included documentation to others. Licensee shall not use the Course for the benefit of a third party, such as by providing a rental or sharing arrangement, or on a “service bureau” basis.

Licensee reserves all ownership rights in content (including Licensee’s logos, images and company policies) provided by Licensee for incorporation into a Course.

USE RESTRICTIONS: Licensee shall not decompile, reverse engineer, or disassemble a Course or any components thereof, nor may Licensee use Course files to create a similar e-learning product for either internal or external use. Additionally, to the extent Licensee contracts with a third-party LMS vendor, Licensee shall prohibit such LMS vendor from decompiling, reverse engineering or disassembling the Course files. Further, Licensee shall ensure the confidentiality of Course files whether they reside on Emtrain’s LMS, a third-party LMS or on Licensee’s own LMS or internal LMS. In the event that Emtrain has reason to believe Licensee’s third-party LMS vendor has infringed Emtrain’s copyrighted material, Licensee agrees to assist Emtrain’s enforcement of its intellectual property rights.  Licensee shall not place a Course or any of its components on a server that it is accessible to the public.

TERMINATION: This Agreement may be terminated by Emtrain if Licensee fails to make any payment due hereunder. This Agreement may be terminated by either party if the other party materially breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach, or if the other party terminates its business activities, becomes insolvent, files a voluntary bankruptcy petition, or makes an assignment for the benefit of creditors. Upon termination of this Agreement for any reason, Licensee shall return Courses and all of their components to Emtrain (or destroy all copies of the Courses in Licensee's possession and provide written assurances to Emtrain, signed by an officer of Licensee, that it has done so). Termination is not an exclusive remedy and is in addition to other rights or remedies that may be available.

COURSE ACCESS: Emtrain shall provide Licensee with access to the Courses upon receipt of payment per the terms of the order.  Emtrain may, in its sole discretion, render inoperable the Courses in the event of a material breach by Licensee of any obligations contained herein.

SYSTEM REQUIREMENTS: End User must have the minimum system requirements (as modified from time to time) listed at this link: https://emtrain.com/system-requirements

PROVISIONS SPECIFIC TO SCORM LICENSEES:  Upon payment per the order, Emtrain shall deliver the Course files to Licensee via FTP for installation on Licensee’s identified LMS. Emtrain modification of the Course files to interface properly with the identified LMS will be billed at $200 per hour after Emtrain has exhausted the time commitment as stated on the order.  Licensee’s LMS and all associated software shall be up-to-date with the manufacturer’s current version release.

SCORM USAGE REPORTS & AUDITS:  Licensee shall identify the vendor of their LMS and include contact information (name, phone, and email) for their account representative of their LMS.  Additionally, Licensee shall identify (name, phone, and email) its employee who is most knowledgeable regarding their LMS.  In the event that Licensee has built its own LMS, Licensee shall make available a qualified technical person to help with the Course integration (e.g., a person who understands the coding and architecture of Licensee’s LMS).  Licensee must provide LMS annual usage reports within 20 days of each annual term of this Agreement. Each report must list all Learners (both active and inactive) who have been assigned a Course(s) as of the beginning of this Agreement. The reports must contain the following information: Learner first and last name, user ID, the date Courses were assigned, and percent completed. The report must also be a system report showing the date the report was generated, listing all Course names, and Course identification number, signed by the person most knowledgeable about the report. It is agreed that any Learner who has been assigned the Course(s) will not have such records deleted from Licensee’s LMS. Emtrain will issue invoices to Licensee to the extent that Learner usage exceeds the license quantity specified on the order. Additional use during the term shall be billed at the rate specified on the order. Emtrain may, on thirty (30) days prior written notice to Licensee, and not more than once per any twelve-month period (unless reporting issues are identified), inspect Licensee’s records as may be reasonably necessary to verify compliance with this Agreement. Licensee must permit such inspection during the term of this Agreement and for twelve months thereafter. If an inspection reveals that the total amount payable to Emtrain is a sum greater than the amount specified in the relevant reports, Licensee shall pay the difference within ten days of demand in writing by Emtrain.  If the amount payable to Emtrain exceeds the amount specified in any report, then Licensee shall also pay the reasonable and necessary costs and expenses actually incurred by Emtrain for that inspection plus a 10% surcharge on the revised contract total. The final usage report must cover the entire period of this Agreement, plus any additional days that Licensee has Course files. Licensee hereby agrees to maintain copies of all data and information concerning its training records relating to Courses. Licensee acknowledges that its internal and/or third-party LMS is responsible for tracking and recording Learner training data and that Emtrain is not responsible for tracking, recording and/or maintaining Licensee’s Learner training records and/or data.

 

MUTUAL CONFIDENTIALITY:  During the term of this Agreement each party may receive (a “Receiving Party”) Confidential Information of the other party (a “Disclosing Party”).  “Confidential Information” means any trade secrets and other proprietary information of either party, whether in tangible or intangible form, that relate to such party’s research, business operations, customers, employees, products, pricing, financial information, computer programs, designs, models, or operating procedures, other than information that (i) is or becomes public other than by breach of this Agreement, (ii) was in the Receiving Party’s possession prior to the time it was received by such party under this Agreement, or (iii) was rightfully received from a third party on a non-confidential basis.  The Receiving Party agrees that it will protect the Disclosing Party’s Confidential Information from disclosure in the same manner it protects its own similar information, but in no event with less than reasonable care; provided that the Receiving Party may disclose the Confidential Information to its employees and contractors to the extent reasonably necessary to allow the Receiving Party to perform its obligations under this Agreement and to obtain the benefits thereof, so long as each such employee or contractor is under an obligation of nondisclosure, which protects the Confidential Information under terms substantially similar to the terms herein.  Notwithstanding this Section, (a) either party may disclose Confidential Information pursuant to a subpoena or other government demand, provided that it gives the Disclosing Party prompt notice of such demand, and (b) Emtrain may collect, use, and/or publish aggregated data collected from Licensee's Learners for the sole purpose of improving Emtrain’s services and products, provided such data is not associated with any individual Learner or Licensee itself.

WARRANTY: Emtrain warrants that Course content complies with state and federal legal requirements for employer Code of Conduct and HR compliance training, including state mandated harassment training such as California’s AB 1825 and/or Connecticut’s 46A, as of the date the Course is provided to Licensee. Emtrain warrants to Licensee that the digital files on which the Course is recorded or captured are free from defects in materials and workmanship under normal use and service. Emtrain warrants that its Course files are free from (i) any intentionally injurious instructions or viruses that are designed to modify, damage, delete or disable software or data, or (ii) computer code that permits unauthorized access to the Course by Emtrain or any third party. Emtrain's entire liability and Licensee’s exclusive remedy for breach of warranty shall be, at Emtrain's option, either a refund of the fees paid for a particular Course or replacement of the Course.

DISCLAIMERS: EMTRAIN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO A COURSE, INCLUDING ITS QUALITY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. A COURSE IS LICENSED AND DELIVERED "AS IS."  LICENSEE SHOULD NOT RELY UPON A COURSE TO ASSESS AND/OR ANALYZE ANY SPECIFIC WORKPLACE EMPLOYMENT SITUATION LICENSEE IS EXPERIENCING. LICENSEE IS ADVISED TO SEEK LEGAL COUNSEL FOR SPECIFIC WORKPLACE EMPLOYMENT SITUATIONS. EMTRAIN SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM LICENSEE’S RELIANCE ON TRAINING TO ASSESS OR INTERPRET A SPECIFIC WORKPLACE EMPLOYMENT SITUATION.

LIMITATION OF LIABILITY: IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, THE COST OF SUBSTITUTE SERVICES OR OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.) BOTH PARTY'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL MONIES PAID BY LICENSEE TO EMTRAIN IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM HEREUNDER.  THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO INDEMNIFICATION OBLIGATIONS, ANY DAMAGES DUE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY BREACH OF THE CONFIDENTIALITY, OWNERSHIP, OR USE RESTRICTIONS CONTAINED HEREIN.

INDEMNIFICATION:  Emtrain shall indemnify, hold harmless and defend Licensee against and from any third party claims asserted against a Licensee, arising out of any claim that a Course and/or any related documentation infringes any third party intellectual property right.  If a Course and/or any associated documentation becomes or is likely to become the subject of any such claim or action, Emtrain shall: (i) replace the Course and/or any associated documentation with an equally suitable Course free of infringement; (ii) modify the Course and/or any associated documentation so that it will be free from infringement; provided such modification does not adversely affect the functionality or Licensee's use of the Course and/or any associated documentation; (iii) procure for Licensee's benefit the right to use the Course and/or any associated documentation as contemplated hereunder; or (iv) accept the return or certify the destruction of the Course and/or any associated documentation from Licensee and refund to Licensee prorata fees for the remainder of the term.

OTHER BUSINESS FORMS: The terms, provisions or conditions of any invoice, purchase order or other business form or written authorization used by Licensee will have no effect on the rights, duties or obligations of the parties under this Agreement, regardless of the failure of Emtrain to object to those terms, provisions or conditions. Notwithstanding the foregoing, the parties may subsequently add Courses or additional Learners to this Agreement by mutual agreement if: (a) Licensee issues an order and/or a usage report to Emtrain for any such additional Courses or Learners; (b) any such order and/or usage report specifically references this Agreement and identifies the additional Courses or Learners to be licensed under this Agreement; (c) Emtrain accepts such order and/or usage report by providing such additional Courses or Learners to Licensee; and (d) Licensee pays Emtrain the applicable corresponding fees for such additional Courses or Learners.

APPLICABLE LAW: This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles that require the application of laws of a different state. All judicial actions arising under this Agreement shall be brought in state or federal courts in Sacramento or San Francisco, California as permitted by law.

ENTIRE AGREEMENT: This Agreement (including the schedules) constitutes the entire agreement between Emtrain and Licensee with respect to the subject matter hereof, and supersedes any and all prior agreements and understandings, whether written or oral. This Agreement may only be modified by written agreement of the parties.

Emtrain

Licensee

   
   

By:

By:

   

Name:

Name:

   

Title:

Title:

   

Date:

Date: