These Terms govern your use of our website or services such as the RCAM TRAINING PROGRAMS (collectively,“Services”) and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively“Software”). By using the Services or Software, you agree to these terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.
The TERMS (“TERMS”) state the terms and conditions that govern your use of the website(s), web services, web-based applications, and mobile applications (“RCAMTRAINING.COM Services”) offered by Engineered Arresting Systems Corporation d/b/a Zodiac Arresting Systems America (“ZASA”). By accessing or using any of the information, materials, or functions available on or through RCAMTRAINING.COM Services, you agree to and understand the following TERMS. ZASA may amend or change the RCAMTRAINING.COM Services offered or these TERMS from time to time, at our sole discretion, by posting updated terms and conditions within RCAMTRAINING.COM Services or by providing written notice to you by email, through a website, or U.S. Mail. You agree to be bound by any modifications, changes, or revisions made by ZASA to the RCAMTRAINING.COM Services or to these TERMS. You agree that you are responsible for reviewing these TERMS regularly, and your continued use of RCAMTRAINING.COM Services constitutes your acceptance of any modifications, changes, or revisions to RCAMTRAINING.COM Services or these TERMS. These TERMS are in addition to any other terms and conditions that may apply to accounts you have with ZASA or to any other services or information provided by ZASA. Where appropriate, please review those specific terms and conditions. As used in these TERMS, “you” or “your” refers to you or to any other person you authorize to use RCAMTRAINING.COM Services on your behalf. “We” or “our” refers to ZASA or any agent, designee, or contractor of ZASA. ZASA intends for the information, materials, and functions contained on RCAMTRAINING.COM Services to be as current and accurate as possible, but cannot guarantee and does not warrant the accuracy or reliability of the information, material, or functions available through RCAMTRAINING.COM Services.
You may only use the RCAMTRAINING.COM Services if you are (a) over 18 years old and (b) allowed by law to enter into a binding contract.
For each visitor to our Web page, our Web server automatically recognizes the User’s domain name and email address (where possible).
We collect the domain name and email address (where possible) of visitors to our Web page, the email addresses of those who post messages to our bulletin board, the email addresses of those who communicate with us via email, the email addresses of those who make postings to our chat areas, information volunteered by the User, such as survey information and/or site registrations, name, address and telephone number.
The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify Users about updates to our Web site, shared with agents or contractors who assist in providing support for our internal operations, used by us to contact Users for marketing purposes, shared with other reputable organizations to help them contact Users for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website, to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Website.
If you do not want to receive email from us in the future, please let us know by sending us email at email@example.com. Please provide us with your name and phone number. We will be sure your name is removed from the list we share with other organizations.
From time to time, we may use User information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will post the policy changes to our Web site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our Web site periodically.
We may use third-participant advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies go here: rcamtraining.com
ACCOUNT INFORMATION, PASSWORD PROTECTION AND INDEMNIFICATION RCAMTRAINING.COM
RCAMTRAINING.COM Services provides secure online and mobile tools that enables you to manage your account with us via the Internet (“Account Access”). If you create an online access account, you are responsible for maintaining the confidentiality of any username and password and for any and all activities that occur under your password or account. You agree to protect and keep confidential your account information, user IDs, passwords, PINs, or any other means of accessing your account or any other information or content on RCAMTRAINING.COM Services, as applicable. You also agree to immediately notify ZASA of any unauthorized use of your account or any other breach of security known to you regarding your account or use of RCAMTRAINING.COM Services by email at firstname.lastname@example.org. If you disclose any of the foregoing information, you may be in default of the TERMS. If you permit any other person to access your account or your account information, user IDs, passwords, PINs or any other means of accessing your account, you are responsible for any resulting transactions, activities or associated fees. Upon receipt of this information, ZASA may block or temporarily prevent access to your account until the access problem can be resolved. You agree to indemnify, defend, and hold harmless ZASA, its directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to your use of RCAMTRAINING.COM Services or use by any other person accessing RCAMTRAINING.COM Services using your username and password or other means of account access. ZASA reserves the right to terminate your online access account after an extended period of inactivity.
LIMITATIONS ON USE
Users are responsible for respecting and adhering to state, federal and international laws at all times with respect to their use of RCAMTRAINING.COM Services. Any attempted violation of law may result in litigation against the offender by ZASA or any proper authority. ZASA will fully comply with applicable authorities to provide any information necessary for the litigation process.
SECURITY OF TRANSMISSIONS
There may be security, transmission or other risks associated with use of the Internet and RCAMTRAINING.COM Services and you expressly assume any and all such risks. You are responsible for obtaining all software, hardware, or other equipment necessary to use RCAMTRAINING.COM Services, including, without limitation, the use of up-to-date web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. RCAMTRAINING.COM Services may contain encryption methods that are not supported by all browsers. If you are not using a browser that supports 128-bit encryption, you may be unable to view all of the information and materials contained in RCAMTRAINING.COM Services.
INTELLECTUAL PROPERTY NOTICES
Except where otherwise expressly noted in these TERMS or within the content of RCAMTRAINING.COM Services, the contents of RCAMTRAINING.COM Services, including graphics, icons, text, screens and overall appearance of RCAMTRAINING.COM Services, are the sole and exclusive property of ZASA or exclusively licensed by ZASA and are protected by United States copyright and trademark laws. The posting of the contents of RCAMTRAINING.COM Services is not a waiver of any of ZASA’s proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to you or to any third party.
THIRD-PARTY LINKS AND RESOURCES
RCAMTRAINING.COM SERVICES, INCLUDING ALL CONTENT, SOFTWARE, AND INFORMATION MADE AVAILABLE ON RCAMTRAINING.COM SERVICES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZASA MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE TO USE RCAMTRAINING.COM SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED BY ZASA (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) AT YOUR SOLE RISK AND THAT ZASA CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESSS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE INFORMATION ACCESSIBLE FROM RCAMTRAINING.COM SERVICES WILL BE FREE OF COMPUTER VIRUSES. ZASA RESERVES THE RIGHT TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF RCAMTRAINING.COM SERVICES AT ANY TIME, FOR ANY REASON AND WITHOUT PRIOR NOTICE TO YOU.
ZASA shall not be liable for any loss, injury, or damages, whether special, direct, indirect, incidental, or consequential, including but not limited to, loss of revenues, opportunities, profits, or data, whether arising from or related to any action in contract, negligence, tort, or otherwise, which may result from the use of RCAMTRAINING.COM Services or the material and information contained herein or in connection with any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, malicious code, line system failure, loss of data, loss of use, or other defect related to RCAMTRAINING.COM Services, even if ZASA is aware of the possibility of such damages.
CHOICE OF LAW
Your access to and use of Online Services and these TERMS shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws thereof, and the laws of the United States of America. The venue for any proceeding regarding these TERMS shall be in a court with competent jurisdiction over ZASA in Philadelphia County, Pennsylvania.
For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or ZASA must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
The American Arbitration Association will administrate the arbitration in Philadelphia, Pennsylvania pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator that you and ZASA both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Compliance with Licenses
If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.
To the extent any portion of these TERMS are determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these TERMS as so modified, shall remain in full force and effect. No waiver by ZASA of any right or term or provision of these TERMS will be deemed a waiver of any other right, term or provision of these TERMS at that time or a waiver of that or any other right, term, or provision of these TERMS at any other time.
ZASA may modify the TERMS at any time. In the event that ZASA makes any material changes the TERMS, users will be able to view the changes on ZASA’s website. The most recent policy is available through ZASA’s websites and any questions about the TERMS can be directed to rcamtraining.com
Taxes and Third-Party Fees
You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
Credit Card Information
If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Engineered Arresting Systems Corporation d/b/a Zodiac Arresting Systems America (“ZASA”)