Terms & Conditions

Stomp Systems LLC (“Stomp Systems”), a Utah limited liability corporation, owns the web pages available at www.stompsystems.com, www.stompstudy.com and all sub-domains thereof (the “Site”). Access to and use of the services available on the Site (the “Services”), including without limitation the Brigham Young University Computerized Language Instruction and Practice Software ("CLIPS") and related courseware, is governed by this usage agreement (this "Agreement").

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES. By accessing or using the Services, you confirm that you are legally able to enter into this Agreement, and that you have read, you understand, and you assent to be bound by this Agreement.

Stomp Systems does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its Site from persons under 13 years of age, and no part of our Site is directed to persons under 13. No one under age 13 is allowed to use the site or provide any personal information to or on our Site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the site at any time or in any manner. If you believe that we might have any information from or about a child under 13, please contact us.

If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use the Services, and you must have a parent or guardian assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Services, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

License

In consideration for your agreement to this Agreement, Stomp Systems grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal use of the Site and the materials displayed or performed on the Site (including, but not limited to text, graphics, games, applications, news articles, photographs, images, illustrations, audio clips and video clips) (such materials collectively, the “Content”) subject to the terms and conditions set forth in this Agreement and such other terms and conditions as may be set forth on the Site.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, Services, or other information, software, products or services obtained from the Site. You may not market, rent, lease, or re-license the Content or Services, or use the Content or Services for third party commercial use, commercial timesharing, or service bureau use.

You agree to abide by all copyright notices, information, and restrictions contained in any Content. You agree not to store any of the Content except to the extent explicitly permitted on the Site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission of Stomp Systems or such other copyright holder as may be identified in such Content’s copyright notice. Your use or access of the Site does not grant you any rights in or to the intellectual property of Stomp Systems or any third-party.

Without limitation to other prohibited uses specified elsewhere in this Agreement, you are prohibited from violating or attempting to violate any security features of the Site or any Service, including, without limitation,

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; 

(b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; 

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 

(d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; 

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or 

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.

Registration

When you complete the registration process, you officially become a Subscriber of Stomp Systems. Your subscription allows you access to certain Content and Services on the Site. You are required to provide Stomp Systems with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account(s).

You may not (i) select or use as a Stomp Systems User ID a name of another person with the intent to impersonate that person or (ii) use as a Stomp Systems User ID a name subject to any rights of a person other than yourself without appropriate authorization. Stomp Systems reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, you shall be solely responsible for maintaining the confidentiality of passwords to your Account(s).

BY COMPLETING THE REGISTRATION PROCESS, YOU CERTIFY TO Stomp Systems that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access to the Site. This Agreement is void where prohibited by law, and the right to access the Site and Services is revoked in such jurisdictions.

You are solely responsible for all activity in connection with access to the Site and Services through your Account or using your password, and for the security of your computer systems. You agree to indemnify and hold Stomp Systems harmless for any improper or illegal use of your Account.

Access to Services

Stomp Systems may offer to provide certain Services, as you select through the process provided on the Site. Such Services are provided subject to this Agreement, solely for your own personal use, and not for the use or benefit of any third party. Services include, but are not limited to, any services Stomp Systems performs for you, as well as the offering of any content on the Site.

Stomp Systems reserves the right to change any information, features and functions of the Services without prior notice. Stomp Systems may change, suspend or discontinue any or all Services at any time, including the availability of any feature, database, or Content. Stomp Systems may also impose limits on certain features and Services or restrict access to parts or all of the Services without notice or liability.

You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. You shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.

Fair Usage Policy and Abuse

You are permitted, as a Subscriber, to access and use the Site and Services only for your own personal use. Without limitation, you agree not to:

(a) permit any other person to use your Account or password to access the Site or Services;
(b) attach access to the Site or Services to a shared computer, such as in a library; or
(c) automate access to the Site or Services, including without limitation through the use of bots, scrapers or other similar devices.

You agree to hold Stomp Systems harmless for any improper or illegal use of your Account. YOUR ACCOUNT IS SUBJECT TO SUSPENSION OR TERMINATION IF YOU ALLOW ANY OTHER PERSON TO ACCESS THE SITE OR SERVICES USING YOUR ACCOUNT OR PASSWORD OR OTHERWISE VIOLATE THIS FAIR USAGE POLICY. Violation of this policy will be assumed if you are logged in for more than 60 hours in any 30-day period, if your login is used from more than five different computers in one day, or if your login is used by multiple users simultaneously.

Links to Other Sites and Services

Links to other websites and services contained on the Site are provided for your convenience only. If you choose to access such websites or services, you do so entirely at your own risk. Stomp Systems does not endorse such websites or services, has no responsibility for or control over them or their content, policies and practices, and shall not be liable whatsoever for any loss or damage associated with your access or use of them.

Fees, Payment and Trial Memberships

Fees are payable for some of the Services. Depending on the Registration type, Registration requires that you either designate a valid credit card account to be billed by Stomp Systems for all Services and other amounts owing under this Agreement or that you prepay for Services by check or money order. If your registration type provides for one-time or recurring credit card billing, you acknowledge and agree that Stomp Systems is authorized to charge all fees relating to the Services you select, as described on the Site, to your designated credit card.

Stomp Systems reserves the right to revise its fees, including by increasing or adding new fees, at any time on 10 days’ notice. Such notice may be sent to you by email or posted on the Site. You agree that you are deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the 10-day period constitutes your acceptance of the revised fees. If you do not agree to the revised fees, you may cancel your subscription by following the instructions under “Cancellation Instructions” below.

Continuous Service Membership: To ensure uninterrupted service, subscriptions to Stomp Systems that are designated as recurring are renewed automatically. In the case of a recurring subscription, you acknowledge and agree that Stomp Systems is authorized to charge subscription fees for the renewal period to the credit card on file. All subscriptions are renewed at the current subscription rate when the current subscription term ends. You may cancel at any time by following the instructions under "Cancellation Instructions" below.

Free trial: Stomp Systems may offer a free trial membership from time to time. If you accept such an offer, no charges will be applied to your credit card until the end of the trial period. If you do not wish to be charged, you must cancel the Service before the end of the trial period. Stomp Systems will not refund any fees that have accrued to your account(s) after the free trial period.

Termination and Refund Policy

You may cancel any or all Services at any time.

Stomp Systems may deny you access to all or any part of the Services or terminate your Account without prior notice if you engage in any conduct or activities that Stomp Systems determines, in its sole discretion, violate this Agreement or the rights of Stomp Systems or any third party, or is otherwise inappropriate. Without limitation, Stomp Systems may deny you access to the Services or terminate your Account if your use of the Services exceeds an amount that Stomp Systems, acting reasonably, deems excessive for an individual user of the Services.

Upon termination of your Account(s), your right to use the Services and to access the Site and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous.

All fees paid or accrued in connection with any Service are non-refundable. Stomp Systems will not prorate any fees paid for a subscription that is terminated before the end of its term.

Cancellation Instructions

If you paid by credit card, check or money order, you may cancel your subscription by sending an e-mail with your login name, password, and the name on your credit card to support@stompsystems.com with the subject "cancel".

If you paid through paypal:

  • Log in to your PayPal account.
  • Click the My Account tab.
  • Click the History subtab.
  • Click More filters, select Subscriptions and agreements, and then click Subscriptions.
  • Change the date back to the year the subscription was created, and then click Show.
  • Click Details next to the subscription.
  • Click Cancel Subscription.

    Consent to Receive Email

    Your registration to use the Site and Services constitutes your consent to receive email communications from Stomp Systems, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.

    Data Collection and Privacy

    Stomp Systems does not collect personally identifying information from you except to the extent you have explicitly given such information to Stomp Systems. Stomp Systems’s information practices are further described in its privacy policy. The privacy policy is part of this Agreement, and you agree that utilization of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. Read the privacy policy here.

    Ownership

    All content submitted to the Site becomes the sole property of Stomp Systems, including all answers to questions or other data input in the Site.

    The technology underlying, and Content within, the Site and Services is owned by Brigham Young University or Stomp Systems, as the case may be, and/or its or their licensors (including content providers) and is protected by copyright and other laws. As between you and Stomp Systems, Stomp Systems owns and retains all ownership of such technology and Content, and reserves all rights not explicitly granted to you in this Agreement. You are on notice that all Content may constitute our intellectual property, protected by U.S. copyright and/or trademark laws, international conventions, and other laws. All rights reserved.

    Indemnity

    You will indemnify and hold Stomp Systems, Brigham Young University, its or their parents, subsidiaries, affiliates, officers and/or employees, harmless, including by paying costs and attorneys' fees, from and against any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.

    Warranty Disclaimer

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, STOMP SYSTEMS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN SOLE RISK AND THAT THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STOMP SYSTEMS MAINTAINS THE SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE SITE OR SERVICES. THE CONTENT AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

    STOMP SYSTEMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    Limitation of Liability

    IN NO EVENT SHALL STOMP SYSTEMS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU PAID THEREFOR; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE; (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (IV) ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA; (V) ANY LOSS OF DATA, INCLUDING WITHOUT LIMITATION LOSS OF ALL DATA DUE TO CATASTROPHIC DISK FAILURE, OR (VI) ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE.

    YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN STOMP SYSTEMS AND YOU. YOU UNDERSTAND THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

    General

    This Agreement constitutes the entire agreement between Stomp Systems and you with respect to usage of the Site and Services, and it supersedes all prior communications and proposals, whether electronic, oral, or written, between Stomp Systems and you with respect thereto. If any part of this Agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the Agreement shall continue in effect. If there is any conflict between this Agreement and any additional terms, conditions, and rules posted by Stomp Systems on the Site, Stomp Systems shall resolve the conflict in its sole discretion.

    Stomp Systems may, from time to time, without notice, update or revise this Agreement. If Stomp Systems updates or revises this Agreement, Stomp Systems will notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by this Agreement as updated or revised. You can view the most current Agreement at any time at http://www.stompsystems.com/terms_conditions.html. It is your responsibility to review the terms of this Agreement periodically.

    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

    Stomp Systems shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

    Stomp Systems may freely assign this Agreement.

    This Agreement shall be governed by and construed in accordance with the laws of the state of Utah without regard to the conflict of laws provisions thereof.

    You consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in the State of Utah as the legal forum for any dispute arising out of the Terms and Conditions and/or or your access to or use of the Site.

    No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Stomp Systems in any respect whatsoever.

    Please contact us at info@stompsystems.com if you have any questions.