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, Inc. End User License Agreement

Thank you for selecting Emtrain for your online HR compliance training. This License Agreement ("Agreement") sets forth the terms and conditions that apply to you and your organization’s ("Licensee") use of Emtrain (“Licensor”) software ("Software") ordered online through this website (“Site”), which includes (i) the on-line graphical user interface that tracks and displays information regarding Licensee's account, including Courses, Seat Licenses, Library Licenses, and purchasing information, (ii) the software platform (eLMS), (iii) the training Courses, and (iv) the documentation, such as reference guides and other attachments distributed with certain Courses.

Note: Emtrain is using “Terms of Use” and “End User License Agreement” interchangeably in this document, on Emtrain’s website, and in Emtrain’s shopping cart.

DEFINITIONS:

“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, including all related images, audio in any and all languages, video, text, software, electronic files, data, disks, tapes, CD-ROM, DVDs, documentation, or packaging provided by Emtrain.

A yearly “Anniversary Date” is determined as follows:

In the case of purchasing online while Licensee already has an active Master Agreement in place with Licensor, the yearly Anniversary Date is determined as having the same month and day as the Master Agreement’s Recurring Start Date.

In cases where Licensee does not have an active Master Agreement, and Licensee has not purchased from Emtrain before, or has purchased in the past but Licensee’s account is not active, the yearly Anniversary Date is defined as having the same month and day as the Licensee’s first purchase since their most recent time of being inactive. In this case, the Licensee will keep the same month and day for their Anniversary Date until such time as their account becomes inactive.

In cases where Licensee does not have an active Master Agreement, but the Licensee has a continuously active account, the yearly Anniversary Date is defined as the same month and day as the Licensee’s first purchase after May 1st, 2014. In this case, the Licensee will keep this Anniversary Date until such time as the account becomes inactive or is reset per written agreement.

Lastly, in cases where Licensee does not have an active Master Agreement, but the Licensee has an active account where there was a previous break in service (was inactive for a period time), the Anniversary Date is defined as having the same month and day as the Licensee’s oldest purchase since A) their most recent time of being inactive, AND after May 1st, 2014. In this case, the Licensee will keep this Anniversary Date until such time as their account becomes inactive or is reset per written agreement.

Each “Seat License” purchased allows one employee of Licensee (“Learner”) to be assigned to and access a corresponding Course for the term beginning on the purchase date of License to the next Anniversary Date.

A “Library” is a collection of Courses defined by Emtrain as currently listed on this Site.

Each “Subscription License” purchased allows one Learner to access the Courses within its Library for the term beginning on the purchase date of Subscription Licenses to the Licensee’s next Anniversary Date.

All Licenses purchased under these terms are coterminous (end on the same day) as any currently active Licenses at the time of purchase, i.e., terminate on the next Anniversary Date following their purchase.

Licensee may assign its consultants, independent contractors, and other non-employees as Learners so long as Licensee guarantees such Learners will be compliant with the terms and conditions of this Agreement. Once a License is assigned and a Course is accessed, neither a Seat License nor Library License may be re-assigned to another Learner. Furthermore, this defines an Unused License, which is not eligible for a refund, credit, or change in service dates; this is without exception.

“eLMS” means Emtrain’s proprietary computer-based or web-based Learning Management System platform, which may, depending on the purchased features, allow users to manage, launch, track, calendar, assign, and index Courses and other various learning objects, send notifications to Learners, generate reports, and/or integrate with third-party courses, audio, video, and pdf files, as well as other applications.

“eLMS” means Emtrain’s proprietary computer-based or web-based Learning Management System platform, which may, depending on the purchased features, allow users to manage, launch, track, calendar, assign, and index Courses and other various learning objects, send notifications to Learners, generate reports, and/or integrate with third-party courses, audio, video, and pdf files, as well as other applications.

“Master Agreement” means an Emtrain System License Agreement executed in writing (not online) between Emtrain and Licensee.

“Subscription” means the period during which Licensee’s Licenses are authorized for use (which means Licenses are “Active”, a.k.a. “not expired”). The length of a full Subscription License is one year. Provided Licensee pays all contracted fees, all renewing Subscription Licenses immediately follow the one before.

2.1 GRANT OF LICENSE: Subject to payment of the license fee for the Software and the other terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable right to use the Software only in conjunction with the specified Courses and number of Learners reflected in the purchase transaction, for the sole purpose of training Licensee's Learners during the current Subscription period applicable to that License.

2.2 When a Licensee purchases new Licenses while the Licensee’s Licenses are still Active, the new Licenses will be Active only for the remainder of the Licensee’s current Subscription period, unless purchased within the last 30 days of the Subscription period, in which case the new Licenses will be Active for the remainder of the current Subscription period plus the entire next Subscription period, provided the eLMS Dashboard’s usage is renewed for an additional Subscription period as described below.

2.3 Licensor, in its sole discretion, may adjust the Annual Training Date once in accordance with its current policy, provided Licensee contacts Licensor within thirty (30) days of the first additional purchase.

2.4 Licensees are encouraged to purchase Licenses for the following Subscription period or download their Course completion data prior to termination, because upon expiration of the last Active Licenses, Licensee’s eLMS, past training communication data, and Licensee’s data used to generate Emtrain’s Litigation Reports for demonstrating Learner engagement (with Emtrain produced courses) are DELETED, and Licensee’s Course completion records are archived. Access to Licensee’s archived data is only available subject to payment of additional fees.

2.5 The eLMS Dashboard’s configuration, access, and training data will be available for another Subscription cycle only if at least ten (10%) percent of the Licensee’s average annual spend with Emtrain (based on the last two years) is purchased within thirty (30) days of, and prior to, Expiration of the current Licenses. For example, if Licensee’s Subscription period begins on the Fourth of July, 2014 and the Subscription period is one-year, then all Licenses will terminate the following July 3, 2015, unless adequate Licenses are purchased between June 4 and July 3, 2015. If adequate Licenses are purchased, all Licenses purchased within the 30-days before the last Active Licenses Expire will be Active through July 3, 2016 (the next Subscription period). This will also renew the Dashboard and its configuration through July 3, 2016.

2.6 DELIVERY OF CORPORATE PASSWORD (Password): The Password-enabled access to the Software is to be provided to Licensee; "Password" means a non-transferable password unique to each Learner that grants them access to the Software. Licensee shall provide Licensor via the eLMS the name and contact information for the individual(s) to receive Passwords. Licensor may, in its sole discretion, render inoperable any Password in the event of a default by Licensee of any obligations contained herein.

2.7 PAYMENT. Payment must be received before access is available to Licensee. 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. Payment not received by due date will accrue late charges for the Licensee at the rate of 1.5% per month or the maximum amount allowed by law (whichever is less), calculated from the date such payments are due. Licensee shall reimburse reasonable collection fees (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 been provided.

2.8 OWNERSHIP OF SOFTWARE: Licensor retains title, ownership, and copyrights of the Software. Licensor reserves all rights not expressly granted to Licensee. The Software is protected under U.S. Copyright Law and other intellectual property rights. This license is not a sale of the original Software

2.9 USE RESTRICTIONS: Licensee shall not, and shall not permit others to, decompile, reverse engineer, disassemble, copy, sell, rent, lease, lend, sublicense or otherwise distribute copies of the Software to others. Licensee may not place the Software on a server or other file sharing service that it is accessible via a public network. Licensor may terminate this license at any time without notice if Licensee breaches any of the terms of this Agreement.

2.10 Licensor must have the minimum system requirements (as modified from time to time) listed at this link.

2.11 DISCLAIMER OF WARRANTY: NEITHER LICENSOR NOR ITS DEALERS OR DISTRIBUTORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED AND DELIVERED "AS IS."

2.12 THE CONTENTS OF THE SOFTWARE ARE NOT THE PRACTICE OF LAW AND SHOULD NOT BE RELIED UPON TO ASSESS AND/OR ANALYZE ANY SPECIFIC WORKPLACE SITUATION. LICENSEE SHOULD SEEK LEGAL COUNSEL FOR SPECIFIC WORKPLACE SITUATIONS. NEITHER LICENSOR NOR ITS DEALERS OR DISTRIBUTORS WILL BE HELD LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM LICENSEE'S RELIANCE ON TRAINING SOFTWARE FOR THE PRACTICE OF LAW.

2.13 LIMITATION OF LIABILITY: IN NO EVENT WILL LICENSOR OR ITS DEALERS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF EMTRAIN OR ITS AUTHORS HAVE BEEN 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 TO YOU.) IN NO EVENT SHALL LICENSOR'S OR ITS DEALERS' OR DISTRIBUTORS' MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT, OR ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY LICENSEE WITHIN THE PREVIOUS TWELVE MONTHS.

2.14 No oral or written information or advice given by Emtrain, its dealers, distributors, agents, or employees shall create, or increase the scope of, this warranty, and you may not rely on any such information or advice. If any provision of this Agreement shall be adjudged to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No amendment or modification of this Agreement will be binding unless in writing and signed by a representative of each party with power to bind that party.

2.15 This Agreement is governed by the laws of the State of California, excluding conflict of laws provisions. All judicial actions arising under this Agreement shall be brought in state or federal courts in Sacramento, California as permitted by law. Emtrain may make reasonable modifications to this Agreement upon notice to Licensee, and continued use of the Software constitutes Licensee's acceptance of any such modifications.

Note: For Licensees with an Active Master Agreement

If a Licensee purchases online Licenses while their Master Agreement is active, they may be eligible for a discount for such purchase. In this case, Licensee is responsible for getting a Coupon Code before making an online purchase in order to be charged the discounted price. All Licenses which are purchased online are active only for the remaining portion of the current Subscription period. Additionally, Add-on License purchases are bought with a commitment to auto-renew each year unless they are canceled as per the terms of the Master Agreement or per the terms of the Auto Renewing language in this agreement.