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OSSU Privacy Policy

OSSU Privacy Policy

Effective Date: November 15, 2014

Operational Safety Services University a division of ListenToSee, Inc. (referred to as "us" or "we" or "OSSU"), is committed to protecting and respecting your privacy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the OSSU website located at learn.opssafety.com ("Website"), and our practices for collecting, using, maintaining, protecting and disclosing such information. This Privacy Policy is part of the OSSU WebsiteTerms of Use (collectively, the "Website Policies"), and you accept that by accessing or using the Website, you agree to be bound by all the terms of the Website Policies. This Privacy Policy applies to information we collect: (i) on this Website, (ii) in text and electronic messages between you and this Website, and (iii) via mobile applications you download from this Website, which provide dedicated non-browser-based interactions between you and this Website. This Privacy Policy does not apply to any information collected by us offline or via third-party sites that may be accessed through hyperlinks on this Website.

By accessing or using this Website, you agree to this Privacy Policy. We may change this Privacy Policy from time to time and your continued use of this Website after we make changes is deemed to be acceptance of those changes.

IF YOU DO NOT AGREE TO THE TERMS OF THE WEBSITE POLICIES, DO NOT ACCESS OR USE THIS WEBSITE.

Please read the information below:

1. INFORMATION WE COLLECT ABOUT YOU

We collect several types of information about visitors to this Website and/or users of our services. We may collect this information either directly when you provide it to us or automatically as you navigate through the Website.

  1. Personally Identifiable Information. 'Personally Identifiable Information' refers to information by which you may be personally identified, such as your name, email address, or school. We will collect and process such data about you when you register for a service/create an account, subscribe to a newsletter, submit feedback, enter a contest, fill out a survey, or send us a communication. When ordering products or services on the Website, you may also be asked to provide a credit card number and other payment-related information. You may also provide information to be published or displayed ("posted") on public areas of the Website (such as blogs, forums, message boards, and the like), or transmitted to other users of the Website using 'sharing' features (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
  2. Non-Personally Identifiable Information. We may collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information, that does not by itself identify a specific individual. Such information tells us about your equipment, browsing actions, the resources that you access and use on the Website, your Internet Protocol ('IP') address, operating system and browser type. We use your IP address to diagnose problems with our servers, software, to administer our Website and to gather demographic information. Our third party ad servers will provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our Website. The information that we collect automatically is 'statistical' in nature. It helps us to deliver a better and more personalized service to users, by enabling us to estimate usage patterns, customize our Website according to your individual preferences, and speed up your searches.
  3. Device Information. When you download our mobile application and use our services, we automatically collect information on the type of device you use and the operating system version, so we know the best application version to provide you with. We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Application or services.

2. WHERE WE STORE DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the United States ("USA"). It may also be processed by staff operating outside the USA who work for us or for one of our service providers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. OSSU will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

3. HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

  • To ensure that content from our Website is presented in the most effective manner for you and for your computer
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
  • To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection
  • If you pay for a service using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company
  • To allow you to participate in interactive features of our service, when you choose to do so
  • To notify you about changes to our service
  • In any other way we may describe when you provide the information

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you use the Contact Us form on our site, we will respond to your inquiry and delete the information provided after your request has been fulfilled.

4. DISCLOSURE OF YOUR INFORMATION

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We do not sell, trade, rent or disclose your information to others, except as provided herein:

  1. We provide some of our services through contractual arrangements with services providers and other third parties. We and our service partners use your Personally Identifiable Information to operate our websites and to deliver services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Website; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service. We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
  2. We will disclose Personally Identifiable Information in the following circumstances: (i) if it is required by law enforcement or judicial authorities, or to cooperate with a law enforcement investigation; (ii) if we have a good faith belief that we are required or permitted to do so by law or legal process; (iii) to protect the rights, reputation, property or safety of OSSU or others; (iv) to defend or enforce our rights or your obligations; (v) if the disclosure is required by mandatory professional standards; (vi) to a 3rd party with your prior consent to do so; or (vii) If we are under a duty to disclose or share your personal data in order to enforce or apply our Website Policies, or any contracts or agreement that may exist between you and OSSU. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  3. In the event that OSSU decides to sell all or part of its stock or assets or enter into a merger, we reserve the right to include Personally Identifiable Information and Non-Personally Identifiable Information among the assets transferred to the acquiring or surviving company.
  4. We may provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related Website information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

5. UPDATING OR CORRECTING YOUR PERSONALLY IDENTIFYING INFORMATION

You may change any of your Personally Identifiable Information online by logging into 'My Account' in accordance with instructions posted elsewhere on this Website.

You may also access, request deletion, and correct your personal information and privacy preferences by emailing us at This email address is being protected from spambots. You need JavaScript enabled to view it. or writing to us at:

Operational Safety Services University
C/O ListenToSee, Inc.
2090-D Avenida de los Arboles, Suite 113
Thousand Oaks, CA 91362

Attn: OSSU Business Affairs

Please include your name, address, and e-mail address when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed and request that we no longer have contact with you; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

6. CANCELLING YOUR ACCOUNT OR DELETING PERSONALLY IDENTIFIABLE INFORMATION

If you would like to cancel your user account, login into your account and go Settings then click the Edit Settings button. Then click the Delete My Account link in your user setting.

We will retain yours or your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will respond to your request to access within 30 days.

7. CHOICES REGARDING YOUR CONTROL OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

You can access some of the information that we collect about you. For example, you can access information regarding recent orders from the Website; Personally Identifiable Information; communication preferences; and payment settings.

With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive or you can log into your account and update your newsletter and email subscription options. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally we may send out e-mails concerning website disruptions.

If you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only OSSU (or agents working on behalf of us and under confidentiality agreements) will send you these direct mailings and only if you did not 'opt-out' of such offers.

We do not send unsolicited commercial e-mails ("spam"), buy or sell e-mail lists, or use purchased or harvested e-mail lists. We offer commercial e-mail recipients the opportunity to opt-out of further communications in every e-mail. Please note that we may not include the opt-out information in non-commercial e-mails (i.e., e-mails concerning your order, the Website Terms and Conditions of Use, etc.).

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.

8. INFORMATION RELATED TO DATA COLLECTED THROUGH THE OSSU PLATFORM SERVICE

For certain services OSSU collects information under the direction of its clients, and has no direct relationship with the individuals whose personal data it processes. OSSU works with its clients to help them provide notice to their customers concerning, the purpose for which personal information is collected. In these cases, OSSU has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the relevant OSSU client (the data controller). If the client makes a request to us to remove the data, we will respond to their request within 30 days. Similarly, if you are a customer of one of these clients and would no longer like to be contacted by that client, please contact that client directly. OSSU may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the provisions in this Privacy Policy regarding notice and choice and the service agreements with our clients

OSSU will retain personal data we process on behalf of our clients for as long as needed to provide services to our client. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. DATA SECURITY

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology.

To make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the Internet.

Access by you to your account is available through a password and/or unique username selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and username. If you share a computer with anyone, you should always log out of the Website before leaving it to prevent access to your information from subsequent users of that computer.

Please notify us as soon as possible if your user name or password is compromised. Call 1 (866) 574.4014 or +1 (310) 614.4534 for assistance, or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside OSSU, you will not be asked to select a password in order to view or modify such information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

In the unlikely event that we believe that the security of your Personally Identifiable Information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at This email address is being protected from spambots. You need JavaScript enabled to view it. with the alternative contact information you wish to be used.

10. COOKIES

When you use our Website we will store cookies on your computer in order to facilitate and customize your use of our Website.

What is a cookie? A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us.

Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Website. The cookies make your use of the Website easier, make the Website run more smoothly, and save your logged-in state so that you do not have to log in each time that you visit the Website. You are always free to decline our cookies if your browser permits, but if you do so, our Website will not recognize your computer and you may not have access to all portions of the Website.

The use of cookies by our partners, affiliates, tracking utility company, service providers, is not covered by our Privacy Policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, and service providers, use session ID cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

11. MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.

12. LINKS TO THIRD PARTY WEBSITES AND ADVERTISERS

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Our Website may contain hyperlinks to other third-party web sites, which may collect and disclose information in a manner that is different from our Website. We are not responsible for the collection, use, or disclosure of information collected through these third-party web sites, and we expressly disclaim any and all liability related to such collection, use, or disclosure. We recommend that you read the privacy policies of the other web sites. Additionally, other companies that place advertising on our Website may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

13. NOTICE TO CALIFORNIA RESIDENTS - CALIFORNIA PRIVACY RIGHTS

If you are a California resident and have provided us with Personally Identifiable Information, California law gives you the right to request and receive from us, once per calendar year, information as to how we have shared your Personally Identifiable Information with third parties for their direct marketing purposes If applicable, such information would include a list of names and addresses of all third parties with whom such information was shared during the prior calendar year as well as a list of the categories of Personally Identifiable Information shared. To make such a request, please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it. and include the phrase "California Privacy Request" in the subject line. Your request must also include your name, physical mailing address and email address. We will respond to you within thirty days of receiving such a request.

Note, that we will not share your Personally Identifiable Information with third parties for their marketing purposes without obtaining your prior consent. Moreover, if you have granted us permission, such third parties' use of your Personally Identifiable Information will be subject to their privacy policies. You should contact those entities directly regarding any communications you may receive from them, including, if you later decide that you no longer want that third party to use your personal information.

14. CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page (with a notice that the Privacy Policy has been updated on the Website home page). If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the primary e-mail address specified in your account and through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Your continued use of the Website after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by the modified Privacy Policy.

15. COMMUNITIES, FORUMS, CHAT ROOMS, AND MESSAGE BOARDS

If you choose to disclose Personally Identifiable Information on communities, message boards, forums, and the like, which may be accessible via this Website, you should be aware that such information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. To request removal of your personal information from our blog or community forum, contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. You acknowledge and accept that any submissions to chat rooms or other public areas on this Website are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for all activity conducted by you via communities, forums, message boards, chat rooms, etc. Please be careful and responsible whenever you are online.

16. SOCIAL MEDIA (FEATURES)

Our Website includes Social Media Features, such as Widgets, such as the Add this button or interactive mini-programs that run on our Website. This feature may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.

17. HOW DO YOU CONTACT US WITH QUESTIONS?

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us by sending a letter to:

Operation Safety Services University
C/O ListenToSee, Inc.
2060-D Avenida de los Arboles, Suite 113
Thousand Oaks, CA 91362

Attn: OSSU Business Affairs

Phone Number: 1 (866) 574-4014 or +1 (310) 613.4534
You may also contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

OSSU Terms And Conditions

Operation Safety Services University, a division of ListenToSee, Inc.
Website and Online Training


Terms and Conditions of Use

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE TRAINING), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

BY USING OSSU'S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS OSSU MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

Address
Operational Safety Services University
ATT: ListenToSee, Inc.
2060-D Avenida de los Arboles, Suite 113
Thousand Oaks, CA 91362


Customer Service
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 866.574.4014
Website: http://www.ListenToSee.com/contact-us


2. Definitions.

  • "Access" or "Accessing" means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • "Agreement" or "Terms" refers to these Terms and Conditions of Use and any subsequent modifications.
  • "Educator" means a teacher at an accredited K-12 school, college or university. An Educator is also a Subscriber.
  • "Exercise Files" refers to the exercise files prepared by the authors for use with the training videos and other media.
  • "OSSU" refers to Operation Safety Services University, a division of ListenToSee, Inc., a California corporation.
  • "Multi-User Subscriber" refers to a Subscriber who purchases a subscription to the Online Training for multiple Users.
  • "Online Training" or "OTL" means the subscription-based database of audio-visual works that is available through the Site and is part of the Site.
  • "Premium Content" means the training videos and other media available on the OTL, including the Exercise Files.
  • "Standard Content" means the training videos and other media available on the OTL, excluding the Exercise Files.
  • "Single-User Subscriber" refers to a Subscriber who purchases a subscription to the Online Training for one (1) User.
  • "Subscriber" refers to any person or entity that purchases or uses a subscription to the Online Training, and may be a Single-User Subscriber, Multi-User Subscriber, or Educator.
  • "User" refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, "User" refers to You and Your principal.
  • "Website" or "Site" refers to the website maintained on the World Wide Web by OSSU, available at http://learn.opssafety.com, and includes the Online Training.
  • "You" or "Your" refers to the User. If You are Accessing the Site as an employee or agent of another, "You" or "Your" refers to the User and the User's principal.

3. Modification of Terms.

OSSU reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after OSSU gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.

OSSU hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the OTL according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Standard Content depends on the subscription plan.

Each Multi-User Subscriber may only allow its employees and agents to access the OTL. If the Multi-User Subscriber's license terminates, the Multi-User Subscriber's employees and agents shall no longer have Access to the OTL. Each Multi-User Subscriber agrees that the OTL may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the OTL from any Internet connection.

A Multi-User Subscriber administrator selected by the Subscriber (the "Administrator") shall be designated to oversee and be responsible for management of the User accounts.

5. Fees; Renewal; Refund Policies.

Single-User Subscribers

  • Access to Standard Content
  • 24 hour access plan
  • Subscription fees are non-refundable
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • OSSU may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that OSSU provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • OSSU may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
  • Right of Access to the OTL granted under these Terms is effective only upon payment of the subscription fees

Multi-User Subscribers - Annual

  • Access to Premium Content
  • Annual subscription plan
  • If Subscriber paid by credit card: Subscriber may elect to have account automatically renew yearly until cancelled by Subscriber.
    • Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29th)
    • Fees charged on renewal date
  • If Subscriber paid by cash or purchase order or by credit card (but selected the non-automatic renewal option), then Subscription does not automatically renew
    • Prior to expiration, OSSU will provide invoice to the Subscriber for renewal payment
    • If Subscriber fails to remit renewal payment prior to expiration, OSSU will cancel subscription
  • Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees
  • Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
  • OSSU may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that OSSU provides notice at least thirty (30) calendar days prior to the expiration of the subscription
  • OSSU may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information (if Subscriber paid by credit card)
  • Right of Access to the OTL granted under these Terms is effective only upon payment of the subscription fees

6. Access to the OTL; Modification of Content.

OSSU strives to provide the OTL to its Subscribers on a continuous basis. To that end, OSSU will take all commercially reasonable efforts to provide uninterrupted Access to the OTL to its Subscribers. However, from time to time, Subscribers may be unable to Access the OTL due to conditions beyond OSSU's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OTL to its Subscribers, OSSU will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

OSSU endeavors to provide the highest quality content to its Subscribers. To that end, OSSU reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following "Prohibited Conduct":

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects OSSU's computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others Access to the OTL using Your user name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content.
  • Violate or attempt to violate OSSU's security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or OSSU.
  • Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
  • Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by OSSU.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the Site.
  • Provide any commercial hosting service with Access to the Site and/or the content on the Site.
  • To ensure that Users of the Site do not engage in Prohibited Conduct, OSSU reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OTL to any person or entity whose use of the OTL suggests Prohibited Conduct. Access of the materials available at the OTL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTL and will result in revocation or denial of Access to the OTL. The terms "normal patterns" and "abuse" shall be determined solely by OSSU.

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

8. LIMITED WARRANTIES.

OSSU warrants that the software that allows Users to Access the OTL ("Software"), if operated as directed, will substantially achieve the functionality described on the Site. OSSU PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

OSSU also warrants that the media containing the Software, if provided by OSSU, is free from defects in material on the date the User acquired the Software. OSSU'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE OTL. THE USER MUST INFORM OSSU OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR OSSU WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. OSSU WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED.

ALTHOUGH OSSU HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

9. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 10), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. OSSU DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. OSSU DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL OSSU OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT OSSU RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTL, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL OSSU BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OSSU RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTL, EVEN IF OSSU SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF OSSU, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. OSSU IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF OSSU IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

OSSU DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT OSSU RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

10. Third Party Content; Hyperlinks.

You acknowledge that OSSU does not pre-screen third party materials. OSSU is not the publisher or author of any information on the Site that is provided by third party content providers, and OSSU is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and OSSU's use of the content constitutes neither an endorsement nor a recommendation by OSSU of the content. OSSU assumes no responsibility for third party products or services.
OSSU may contain links and references to other third party websites and materials. OSSU does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. OSSU does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. OSSU may disable any hyperlink to the Site. OSSU has the right but not obligation to monitor third party websites and hyperlinks to the Site.

OSSU MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, OSSU DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights, Trademarks and Other Proprietary Rights.

OSSU or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by OSSU. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OTL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of OSSU, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of OSSU's intellectual property except as set forth in Section 4.

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to OSSU, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless OSSU a division of ListenToSee, inc. and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User's Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

13. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. OSSU has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. OSSU may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the OTL. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

You may not use the account, user name or password of someone else at any time. You agree to notify OSSU immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify OSSU immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. OSSU will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by OSSU, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of Your account, user name or password.

OSSU will never ask You for Your password. If You need a new user name and/or password, OSSU will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

14. Termination of Agreement.

In addition to OSSU's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. OSSU may also terminate Access to the OTL or cancel subscriptions to the OTL without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that OSSU deems inappropriate.

In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive in perpetuity. Each Subscriber's obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Policy.

OSSU values Your trust. In order to honor that trust, all of OSSU's employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review OSSU's Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

16. Miscellaneous.

These Terms constitute the entire agreement between OSSU and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between OSSU and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User's breach or threatened breach of these Terms, OSSU may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. OSSU's remedies are cumulative and not exclusive. Failure of OSSU to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. OSSU makes no representation that the content of the Site is appropriate or available for use in all locations. OSSU operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. OSSU cannot provide notifications via post, only e-mail.

17. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and OSSU shall be finally resolved through binding arbitration in Thousand Oaks, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Ventura or the United States District Court for the Southern District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Santa Barbara or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.

EFFECTIVE DATE: November 15, 2014