a. By accessing or using the Application you agree to be bound by these Terms. You will use the Application in a manner consistent with applicable laws and regulations and in accordance with these Terms. If you are dissatisfied with the Application, Services, or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Application. The Application may only be downloaded and installed by an adult 18 years of age or older and may only be used by a minor if such use is supervised by the minor’s parent or guardian.
b. You acknowledge and accept that your use of the Application is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Application, we reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application solely for your personal, non-commercial purposes strictly in accordance with these Terms, and on such devices owned and controlled by you.
The Application and associated Content, is the owned or appropriately licensed property of Rescue X Training and Consulting, LLC. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Application and Content. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Application materials is prohibited except as provided for herein. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Application without our written permission or such third party that may own such intellectual property. Your use of the intellectual property contained in the Application, or any other content in the Application, except as provided herein, is strictly prohibited. Any unauthorized use of the content contained in the Application may violate applicable laws, regulations, and/or statutes.
4. Account and Account Security
5. User Content
For purposes of this Agreement: (1) the term "Content" means, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Application; (2) the term "User Content" means Content that a user submits, transfers, or otherwise provides to the Application, which may be accessible and viewable by the public.
a. Posting, transmitting, or sharing User Content through the Application that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that we may, but are not obligated to, review and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Application.
b. We claim no ownership to your User Content, however, by posting User Content through any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
c. You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, and expenses made against us by any third party arising out of or in connection with our use and exploitation of your User Content.
d. You can delete User Content individually or all at once by deleting your account. When you delete User Content, it’s no longer visible on the site and the license granted herein will continue until the User Content has been fully deleted.
e. You represent and warrant that all certification, licenses, and other requested documentation uploaded to the Application, as requested by your facility or administrators, will be up to date, legitimate and verifiable, and issued by an authorized party.
f. You acknowledge and agree that we are in no way responsible for the materials you may post to the Application. You agree not to post any confidential information other than your own, and at no time will you upload any protected health information.
To the extent that any maintenance or support is required by applicable law, we may provide support for the Application. Neither we nor Distributor have any obligation to furnish any maintenance and support services with respect to the Application.
You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Application or Content; (b) change, modify, or alter the Application or Content; (c) circumvent any protections that are a part of the Application; (d) use the Application for any commercial or illegal purpose, including gambling; (e) collect any information about any other user of the Application through the Application; (f) use the Application to violate any legal right of any third party; (g) use any automated means to access or use the Application (including scripts, "bots" or similar software); (h) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein; or (i) rent, lease, sell, assign, transfer, sub-license, or convey the Application or any portion thereof for any purpose.
The Application, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Application in violation of the law is prohibited. You may not use any aspect of the Content and Services for any commercial purpose. The Application and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Application or Services for any purpose not expressly provided for herein is prohibited.
9. User Conduct
You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Application:
a. To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Application or the intellectual property rights owned or licensed by us as described elsewhere herein;
b. To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c. To interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application;
d. To use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
e. For any commercial purpose not expressly approved by us in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
10. Charges and Payments
We may charge for the Application and your provider’s rates may apply to your download and use of the Application. For any payments due for your use of the Application, you authorize us to debit your account and accept any payment due.
We may, at our discretion, grant certain Users administrative status within the Application. Administrators will have the ability to post User Content, post announcements and communications, and moderate and control Users and certain aspects of the Application. We are not responsible for actions taken by such administrators. We reserve the right to revoke or limit an administrator’s controls at any time and for any reason or no reason, including for a breach of these Terms. By agreeing to be an administrator you agree to the following:
a. You agree that when you receive reports related to the Users or facilities you control and moderate, you will take appropriate action, which may include removing content that violates these Terms, and/or promptly escalating to us for review;
b. You are not, and may not represent that you are, authorized to act on behalf of us;
c. You may not enter into any agreement with a third party on behalf of us, or any Users or facilities that you control and moderate, without our written approval;
d. You may not perform administrative actions, including but not limited to, approval of certifications, assignments, and posting of materials in return for any form of compensation, consideration, gift, or favor from third parties;
e. If you have access to non-public information as a result of your position as an administrator, you will use such information only in connection with your performance as an administrator. You agree to, at all times, keep all information and materials of a User of a confidential or proprietary nature or not known to the public, in any format, strictly confidential, and under no circumstances disclose such information to any third party, nor duplicate, publish, excerpt, or distribute such information in any way;
f. You agree not to post or upload to the Application any materials or content without the express permission and authorization of all individuals appearing in such materials or content. You agree to obtain all necessary permissions and releases for all individuals appearing in any materials or content you post or upload to the Application; and
g. You may create and enforce rules for the Users you moderate, provided that such rules do not conflict with these Terms.
From time to time, we may create updated versions of the Application. Updates may be automatically transmitted to you and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
13. Additional Terms
Because we offer a variety of Content and Services, you may be asked to agree to additional terms before using or accessing a specific service offered by us (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding service.
14. Rescue X Certification
We may offer certain online courses through the Application. These courses are designed for educational and resource purposes only. We offer no authorization or certification for completion of online courses. Rescue X Training and Consulting, LLC only provides official certification through in person courses.
15. Digital Millennium Copyright Act
We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Application, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
a. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
If we remove your content in response to a copyright or trademark notice, we will notify you of such action. If you believe your content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification in response to our notification of removal. Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.
16. Third Party Apps and Hosting
The Application may contain (or may send you through or to) links to third-party websites, third-party applications, and/or software ("Third Party Apps"). We are not responsible for such Third Party Apps or for any content posted on, available through, or installed from such Third Party Apps. Inclusion of, linking to, or permitting the use or installation of such Third Party Apps does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Apps accessed through use of the Application. Your use and interaction with Third Party Apps may be subject to separate terms and conditions of such Third Party Apps. If you access Third Party Apps, you must comply with the terms and conditions that apply. The Application may also contain sponsored third party content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content, Services, or information on the Application, including User Content. You, the user, must comply with any and all applicable third-party terms of agreement, including those of the Distributor, when using or downloading the Application.
which is specifically incorporated by reference into these Terms.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Application, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Application and reporting you to the proper authorities. You may terminate this Agreement only by deleting the Application and all copies thereof from your devices. Upon any termination of these Terms, you shall cease all use of the Application and delete all copies of the application from your devices. Any part of these Terms intended to apply following termination will so apply.
19. Disclaimer of Warranty
The Application and all associated Services and Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Application and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Application or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Application or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Application or Services will be free of viruses or other harmful components. We further do not guarantee the accuracy of information provided through online courses hosted on the Application and will not be liable for any third-party claims or losses. You use the Application at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
20. Limitation of Liability
You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Application or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Application or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Application or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Application or Services.
22. Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
23. Third Party Beneficiary
Distributor and its subsidiaries may be third-party beneficiaries under these Terms, and such third-party beneficiaries will have the right to enforce these Terms against you.
If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.
25. Dispute Resolution
We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Application or these Terms. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction.
26. Controlling Law
These Terms shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Application or Services will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
27. Entire Agreement
These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.
If you have any questions regarding these Terms, please contact:
Rescue X Training and Consulting, LLC
1312 17th Street # 863
Denver, CO 80202Info@rescuextraining.com