Terms and Conditions
The following are the terms and conditions for use of the Rescue-Sim Online Training service described herein (the "Service") between Rescue-Sim and you (either an individual or a legal entity that you represent as an authorised employee or agent) ("You"). Please read them carefully. By completing the registration process and/or using the service, or clicking the "submit request" button on the ‘register for an Account’ page, you are stating that you are eligible for an Account and that you agree to be bound by all of these terms and conditions of the service ("agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
"Account" refers to the billing account for the Service.
"Documentation" means any accompanying Documentation made available to You by Rescue-Sim for use with the Training, including any Documentation available online or otherwise.
"Servers" means the Servers controlled by Rescue-Sim (or its wholly owned subsidiaries) upon which the Training Tool and Customer Data are stored.
"Training Tools" means the content that is provided by Rescue-Sim.
"Credentials" means your login and password used to access Rescue-Sim.
2. FEES AND SERVICES
Rescue-Sim may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for excessive use under single accounts.
The changes to the fees or payment policies are effective upon You accepting such changes which will be posted at www.rescue-sim.com (or such other URL Rescue-Sim.com may provide from time to time). Unless otherwise stated, all fees are quoted in GBP. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by Rescue-Sim will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your Rescue-Sim Account.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the Service, You must complete the registration process by providing Rescue-Sim with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and name. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your Accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify Rescue-Sim immediately upon learning of any unauthorised use of Your Account or any other breach of security. From time to time, Rescue-Sim (or its wholly-owned subsidiaries') support staff may log in to the Service under Your Account in order to maintain or improve Service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.
Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorised use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Rescue-Sim if you know or suspect that your Account or Credentials have been used by any other person. You shall not use or access an Account which is not your own. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. NONEXCLUSIVE LICENSE
Rescue-Sim hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to use the Service, Training Tools and training files that reside on www.rescue-sim.com (collectively, the "Website"). Your license of, use of and access to the rescue-sim (which may include, without limitation, the additional related Software and Documentation) is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:
You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the rescue-sim training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the Service, Training Tools and training files that reside on www.rescue-sim.com, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Training Tools, the Documentation or the Service; (iv) remove any proprietary notices or labels on the training materials or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application Service provider or Service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Training Tools, Service and Reports.
This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must not access www.rescue-sim.com or related Services.
5. CONFIDENTIALITY"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by Rescue-Sim, and for any use or misuse of Your Account resulting from any third party using a password or user name issued to You. You agree to immediately notify Rescue-Sim of any unauthorized use of Your Account or any other breach of security known to You.
6. INFORMATION RIGHTS AND PUBLICITY
You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Training Tool or Documentation supplied by Rescue-Sim or stored on the Rescue-Sim website.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws.
For any enquiries,requests or complaints regarding data privacy, you can email: firstname.lastname@example.org
You agree to indemnify, hold harmless and defend Rescue-Sim and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Rescue-Sim or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Rescue-Sim or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, Rescue-Sim will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. Rescue-Sim reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.
9. THIRD PARTIES
If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party ("Third Party"), whether or not You are authorised to do so by Rescue-Sim or its wholly owned subsidiaries, the terms of this Section 9 shall apply to You.
If You use the Service on behalf of any Third Party, You represent and warrant that (a) You are authorised to act on behalf of, and bind to this Agreement, that Third Party , (b) as between the Third Party and You, the Third Party owns any rights to Training Tools in the applicable Account, and (c) You shall not disclose Third Party's Training Tools to any other party without the Third Party's consent.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Rescue-Sim and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Rescue-Sim and its wholly owned subsidiaries, the Service, or the Training Tools, or use thereof. You agree to indemnify, hold harmless and defend Rescue-Sim and its wholly owned subsidiaries, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against Rescue-Sim or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Rescue-Sim, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) any representations and warranties made by You concerning any aspect of the Service or Training Tools to Third Parties; (b) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service or Training Tools; (c) violations of Your obligations of privacy to any Third Party; and (d) any claims with respect to acts or omissions of Third Parties in connection with the Service or Training Tools.
10. DISCLAIMER OF WARRANTIES
Rescue-Sim Services and related Documentation are provided "as is" and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this site shall create any warranty, representation or guarantee not expressly stated in these terms. Under no circumstances will rescue-sim, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees or our suppliers be liable for any loss or damage caused by a user's reliance on information obtained through the site, from third parties (such as experts, or others) or a linked site, or user's reliance on any product or Service obtained from this site, a third party or a linked site. Use of this site is at users' sole risk. No advice or information, whether oral or written, obtained by you from rescue-sim or through or from rescue-sim Services shall create any warranty. The information and Services included in or available through the Service, including the Reports, Email, Support Forum or Help Desk replies, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Rescue-Sim and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. Rescue-Sim does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Training Tools or any other software on the Server are free of viruses or other harmful components. Rescue-SIM does not warrant or represent that the use of the Service or the Training Tools will be correct, accurate, timely or otherwise reliable.
The Service, the Training Tools and reports are provided "as is" and there are no warranties, claims or representations made by rescue-sim and/or its subsidiaries and affiliates, either express, implied, or statutory, with respect to the Service, the Training Tools, the Documentation and reports, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. Rescue-Sim does not warrant that the Service, the Training Tools or related Documentation will meet your needs or be free from errors, or that the operation of the Service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the Service.
11. LIMITATION OF LIABILITY
Rescue-Sim and its wholly owned subsidiaries will not be liable to user or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or incorrect information), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if rescue-sim and/or its subsidiaries and affiliates has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
Rescue-Sim (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed GDP £500.
12. SERVICE LEVELS
Rescue-Sim does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or Servers, (2) caused by any failures of Your equipment, systems or local access Services, (3) for previously scheduled maintenance or (4) relating to events beyond Rescue-Sim (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Rescue-Sim (or its wholly owned subsidiaries) or Your Servers are located or co-located. Complete accuracy in all aspects of Your Training Record at all times also is not guaranteed.
13. PROPRIETARY RIGHTS NOTICE
The Service, which includes but is not limited to the Rescue-Sim website and all intellectual property rights in the Service are, and shall remain, the property of Rescue-Sim (and its wholly owned subsidiaries). All rights in and to the Service and Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Rescue-Sim and its licensors without restriction, including, without limitation, Rescue-Sim’s (and its wholly owned subsidiaries') right to sole ownership of the Rescue-Sim Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, Service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Rescue-Sim; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Rescue-Sim (or its wholly owned subsidiaries) other than in the name of Rescue-Sim (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
14. TERM and TERMINATION
Either party to the Agreement may terminate it at any time and for any reason.
Upon any termination or expiration of this Agreement, Rescue-Sim will cease providing the Service, and certify thereto in writing to Rescue-Sim within seven (7) business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical report data will no longer be available to You.
15. CANCELLATION POLICY
You can cancel your membership at any time by contacting us via our email or contact us web page and requesting this.
16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES Y
Rescue-Sim reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.rescue-sim.com (or such other URL as Rescue-Sim may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Rescue-Sim, (ii) You accept updated terms online, or (iii) You continue to use the Service after Rescue-Sim has posted updates to the Agreement or to any policy governing the Service.