ATTENTION: These terms of service and Terms (“Terms”) apply to the entire contents of the website (“Website”),to any email correspondence between us, and if you are using our mobile application. Please read these Terms carefully before using the Website or mobile application (if applicable). Using the Website (or mobile application if applicable) indicates that you accept these Terms, regardless of whether you purchase any software from us or not. If you do not accept these Terms, do not use the Website (or mobile application if applicable). The Website (or mobile application if applicable), and all of its content, including but not limited to, all text and images are owned and copyrighted by Virtual Immersive Educational Worlds, Inc. (“Company”).
A Brief Description of Website (or mobile application if applicable) The Website (or mobile application if applicable) allows users to access and use a variety of services, including learning, and creating and viewing content.
Access to Website (or mobile application if applicable) By accessing any part of the Website (or mobile application if applicable), you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website (or mobile application if applicable) immediately.
Company may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Website (or mobile application if applicable), temporarily or permanently. Company reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (A) modify or discontinue the Website (or mobile application if applicable) with or without notice; (B) limit the Website’s (or mobile application if applicable) availability to any person, geographic area or jurisdiction we choose; (C) charge fees in connection with the use of the Website (or mobile application if applicable); (D) modify and/or waive any fees charged in connection with the Website (or mobile application if applicable); and/or (E) offer opportunities to some or all users of the Website (or mobile application if applicable).
Your continued use of the Website (or mobile application if applicable) after such changes will indicate your acceptance of such changes.
You agree that neither we nor any affiliated entity shall be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website (or mobile application if applicable), in whole or in part, or of any service, software, content, submission, feature or product offered through the Website.
You should check the Website (or mobile application if applicable) from time to time to review the then-current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website (or mobile application if applicable).
Your Representations and Warranties You represent and warrant to Company that your access and use of the Website (or mobile application if applicable) will be in accordance with these Terms, and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Website (or mobile application if applicable), including Content, translation materials, course contributor materials, etc., and that you have the right, as applicable, to grant us a license to use that material as set forth herein, or the right to assign that material to us as set forth herein. You further represent and warrant that you will carefully safeguard your password, username, and account information, will not share your password or username with any third-party.
You represent and warrant that: (A) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo); (B) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (C) otherwise the target of U.S. sanctions.
License(s) and Terms Company grants you a limited “access” license to the use of the Website (or mobile application if applicable). As a condition of such license, you agree: (A) not to download or modify any part of the Website, except with the express and prior written consent of Company; (B) not to download or copy any account information for the benefit of another merchant; (C) not to collect or make any use of any product listings, descriptions, or prices; (D) not to resell or make any commercial use of the Website or its contents; (E) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Website for any commercial purpose without express written consent of Company; (F) not to make any derivative use of the Website or its contents; (G) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its group companies without express written consent of Company; (H) not to use any meta tags or any other “hidden text” utilizing the Company name or trademarks without the express written consent of Company; and (I) not reproduce or store any part of the Website in any other website or include any part of the Website in any public or private electronic retrieval system or service without prior written permission from Company.
Intellectual Property Company, or its licensors, owns the copyright and other intellectual property rights in all material on the Website (or mobile application if applicable), including without limitation text, photographs, and graphics. If you breach any of the Terms herein, your permission to use the Website (or mobile application if applicable) automatically terminates.
All trademarks of Company indicated on the Website (or mobile application if applicable) are U.S. trademarks of Company, and may likewise be trademarks in other countries. Without the prior consent of Company, you agree not to display or use in any manner the Company’ trademarks. Any rights not expressly granted in these Terms are reserved by and to Company.
You are advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution(s) and/or sanction(s).
Access While Company attempts to ensure the Website (or mobile application if applicable) is available 24 hours a day, Company shall not be liable if, for any reason, the Website is unavailable at any time or for any period. Access to the Website (or mobile application if applicable) may be suspended temporarily and without notice, especially in cases beyond the control of Company.
Visitor Content and Conduct Other than personally identifiable information, which is covered under Company’s Privacy Policy, any material you transmit or post to or on the Website (or mobile application if applicable) shall be considered non-confidential and non-proprietary. Company shall have no obligations with respect to such material. Company and its designees shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You understand that other users will have access to the content and that neither they, nor Company have any obligation to you or anyone else to maintain the confidentiality of the content.
Further, as a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, or other materials (“Content”) on the Website (or mobile application if applicable), you hereby grant to Company a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and/or incorporate such Content into other works. You understand, acknowledge, and agree that you cannot terminate this license once your Content is submitted to the Website. You represent and warrant that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Company, and others as described and otherwise contemplated in these Terms.
You are prohibited from posting or transmitting to or from the Website (or mobile application if applicable) any material: (A) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (B) for which you have not obtained all necessary licenses and/or approvals; (C) which constitutes or encourages conduct that, in any country in the world, would be considered a criminal offense, give rise to civil liability, be otherwise be contrary to the law, or infringe the rights of any third-party; or (D) which is harmful to Company’ technology, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. You may not misuse the Website, including, without limitation, by hacking, using robots, spiders, data mining or similar data gathering tools, or automated submission of data. Company shall fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or locate anyone posting any material in breach of this paragraph.
Links to Other Websites; Assumption of the Risk Links to third-party websites on the Website (or mobile application if applicable) are provided solely for your convenience. If you use these links, you leave the Website (or mobile application if applicable). Company does not control third-party websites and is not responsible for these websites or their content or availability. Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website (or mobile application if applicable), you do so entirely at your own risk.
No Warranty; Disclaimer of Warranty While the Company attempts to ensure that the information on its Website is correct, Company does not warrant the accuracy or completeness of the material on the Website (or mobile application if applicable). Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website (or mobile application if applicable) may be out of date, and Company makes no commitment to update such material.
THE WEBSITE (or mobile application if applicable), INCLUDING ALL IMAGES, AUDIO FILES, AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION (INCLUDING ANY RIGHTS GRANTED) ARE OFFERED TO YOU BY COMPANY ON AN “AS IS” BASIS.
COMPANY, AND ITS SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, EITHER EXPRESS OR IMPLIED. ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE WEBSITE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR FOR OTHER REASONS. IN SHORT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY OFFERS YOU THE WEBSITE ON THE BASIS THAT COMPANY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third-party, including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract, or otherwise in connection with the Website (or mobile application if applicable) in any way or in connection with the use, inability to use or the results of use of the Website (or mobile application if applicable), any websites linked to the Website (or mobile application if applicable) or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website (or mobile application if applicable) or any websites linked to the Website (or mobile application if applicable). If your use of material on the Website (or mobile application if applicable) results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof.
FOR AVOIDANCE OF DOUBT, IN NO EVENT WILL COMPANY BE LIABLE TO YOU, OR ANY THIRD-PARTY CLAIMING THROUGH YOU, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD-PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy The use of the Website (or mobile application if applicable) is also governed by the Company’s Privacy Policy, a copy of which is located at https://quiklearn.ai/privacy-policy.
Maintenance and Support, As Applicable If you are using Company’s mobile application, Apple is not responsible for providing any maintenance and support services with respect to the licensed application. Company and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed application.
Third-Party Beneficiary, As Applicable If you are using the Company’s mobile application, Apple, and Apple’s legal subsidiaries, are third-party beneficiaries of the mobile application’s end-user license agreement (“EULA”), and that, upon the End-User’s acceptance of the terms and conditions of the mobile application’s EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third-party beneficiary thereof.
Mandatory Alternative Dispute Resolution (“ADR”) These Terms and its subject matter (including Company’s and your respective rights under these Terms), as well as and any dispute, claim, or cause of action (“Claim”) arising out of or related to these Terms, shall be governed by and construed under the laws of the State of Utah, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Website (or mobile application). ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Company’s right to seek injunctive relief as set forth herein. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with Company and you are an individual, you may opt out of this arbitration clause/provision by sending an email to legal@view-software.com within thirty (30) days of the date you first accessed or used the Website.
If you intend to seek arbitration you must first send written notice to Company’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Company must be sent by both of the following means: (i) electronic mail to legal@view-software.com; and (ii) sending the Notice by U.S. Postal Service certified mail to Virtual Immersive Educational Worlds, Inc., Attention: Legal, 3317 N. Cottonwood Ln., Provo, Utah 84604. The Notice must: (A) set forth your name, address, email address, phone number, and other relevant contact information; (B) describe the nature and basis of the Claim or dispute; and (C) set forth the specific relief sought. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in the County of Salt Lake in the State of Utah, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Company may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a dispute or Claim proceeds in court rather than in arbitration, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Company agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the County of Salt Lake in the State of Utah, and you and Company each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that Company shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
GENERAL
If you have questions or would like additional information regarding QuikLearn’s privacy and security practices you may email us at legal@view-software.com.
Last reviewed: January 31, 2024 Effective as of: February 1, 2024