Terms of Use
IMPORTANT NOTICE – BEFORE ACCESSING OR USING ANY PART OF THE ÐÓ°ÉÂÛ̳ WEBSITE (www.rcainc.com), YOU (“You” or the “Authorized User”) SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS ÐÓ°ÉÂÛ̳ WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE ÐÓ°ÉÂÛ̳ WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “ÐÓ°ÉÂÛ̳ Website”). ÐÓ°ÉÂÛ̳ IS WILLING TO ALLOW THE ACCESS AND USE OF THIS ÐÓ°ÉÂÛ̳ WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ÐÓ°ÉÂÛ̳ WEBSITE AND ARE INSTRUCTED TO EXIT THE ÐÓ°ÉÂÛ̳ WEBSITE IMMEDIATELY.
Terms and Conditions of Use
ACCEPTANCE OF THE TERMS OF USE. The ÐÓ°ÉÂÛ̳ Website is provided by ÐÓ°ÉÂÛ̳® Inc. (ÐÓ°ÉÂÛ̳). By accessing or using the ÐÓ°ÉÂÛ̳ Website, you agree to abide by and be bound by these Terms of Use and the ÐÓ°ÉÂÛ̳ Privacy Policy. ÐÓ°ÉÂÛ̳ may revise and update these Terms of Use and/or the ÐÓ°ÉÂÛ̳ Privacy Policy from time to time, and any changes are effective immediately upon publication.
PERMITTED USE. The ÐÓ°ÉÂÛ̳ Website may be used for general informational purposes by current and/or prospective clients of ÐÓ°ÉÂÛ̳ to obtain information and materials about ÐÓ°ÉÂÛ̳’s service offerings, ÐÓ°ÉÂÛ̳ training events and webinars, or in connection with a contemplated engagement of ÐÓ°ÉÂÛ̳. Any such engagement shall be governed under a separate agreement. In connection with the permitted uses, you may download a reasonable number of files made available for download on the ÐÓ°ÉÂÛ̳ Website.
RESTRICTIONS. The ÐÓ°ÉÂÛ̳ Website may not be used to distribute or reproduce content on the ÐÓ°ÉÂÛ̳ Website except as provided above; publish, sell, or modify any ÐÓ°ÉÂÛ̳ Website content; use any content on the ÐÓ°ÉÂÛ̳ Website for the benefit of any commercial enterprise or individual that offers services in any of the same areas as ÐÓ°ÉÂÛ̳, or for any other purpose that may be averse to ÐÓ°ÉÂÛ̳; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the ÐÓ°ÉÂÛ̳ Website; delete, crop, or otherwise modify the ÐÓ°ÉÂÛ̳ logo or name from copies of any materials from the ÐÓ°ÉÂÛ̳ Website; copy or record any content on the ÐÓ°ÉÂÛ̳ Website using automated programs, bots, software, or any other method of “scraping” content; use any “pinger,” bots, or automated link checker tool to communicate with the ÐÓ°ÉÂÛ̳ Website; alter or interfere with the ÐÓ°ÉÂÛ̳ Website’s code or the front-end appearance of the ÐÓ°ÉÂÛ̳ Website; take any action that imposes an unreasonable or disproportionately large load on the ÐÓ°ÉÂÛ̳ Website or related infrastructure; obtain or attempt to obtain unauthorized access to any of ÐÓ°ÉÂÛ̳’s networks, through any means; submit spam inquiries to our ÐÓ°ÉÂÛ̳ Website contact forms, or use the ÐÓ°ÉÂÛ̳ Website or any content herein for any purposes that are or may be harmful, infringing, defamatory, obscene, or illegal.
You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by ÐÓ°ÉÂÛ̳ through the ÐÓ°ÉÂÛ̳ Website in any manner not expressly permitted by these Terms of Use. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the ÐÓ°ÉÂÛ̳ Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the ÐÓ°ÉÂÛ̳ Website or in any way reproduce or circumvent the navigational structure or presentation of the ÐÓ°ÉÂÛ̳ Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the ÐÓ°ÉÂÛ̳ Website, (ii) attempt to gain unauthorized access to any portion or feature of the ÐÓ°ÉÂÛ̳ Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the ÐÓ°ÉÂÛ̳ Website or to any ÐÓ°ÉÂÛ̳ server or to any of the services offered on or through the ÐÓ°ÉÂÛ̳ Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the ÐÓ°ÉÂÛ̳ Website or any network connected to the ÐÓ°ÉÂÛ̳ Website, nor breach the security or authentication measures on the ÐÓ°ÉÂÛ̳ Website or any network connected to the ÐÓ°ÉÂÛ̳ Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the ÐÓ°ÉÂÛ̳ Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ÐÓ°ÉÂÛ̳ Website or ÐÓ°ÉÂÛ̳’s systems or networks or any systems or networks connected to the ÐÓ°ÉÂÛ̳ Website, (vi) use any device, software, or routine to interfere with the proper working of the ÐÓ°ÉÂÛ̳ Website or any transaction conducted on the ÐÓ°ÉÂÛ̳ Website, or with any other person’s use of the ÐÓ°ÉÂÛ̳ Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ÐÓ°ÉÂÛ̳ on or through the ÐÓ°ÉÂÛ̳ Website, (viii) use the ÐÓ°ÉÂÛ̳ Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the ÐÓ°ÉÂÛ̳ Website (or any part thereof) without ÐÓ°ÉÂÛ̳ express, separate, and prior written permission, or (x) use the ÐÓ°ÉÂÛ̳ Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ÐÓ°ÉÂÛ̳.
USER OBLIGATIONS. By downloading, accessing, or using the ÐÓ°ÉÂÛ̳ Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the ÐÓ°ÉÂÛ̳ Website, including, without limitation, when you provide information via a ÐÓ°ÉÂÛ̳ Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, ÐÓ°ÉÂÛ̳ reserves the right to terminate immediately your access to and use of the ÐÓ°ÉÂÛ̳ Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the ÐÓ°ÉÂÛ̳ Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms of Use any personally identifiable information, which you receive or which is made available from ÐÓ°ÉÂÛ̳ in connection with these Terms of Use. These Terms of Use are also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the ÐÓ°ÉÂÛ̳ Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the ÐÓ°ÉÂÛ̳ Website is solely at your own risk. While ÐÓ°ÉÂÛ̳ has endeavored to create a secure and reliable ÐÓ°ÉÂÛ̳ Website, you should understand that the confidentiality of any communication or material transmitted to/from the ÐÓ°ÉÂÛ̳ Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ÐÓ°ÉÂÛ̳ is not responsible for the security of any information transmitted to or from the ÐÓ°ÉÂÛ̳ Website. You agree to assume all responsibility concerning activities related to your use of the ÐÓ°ÉÂÛ̳ Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the ÐÓ°ÉÂÛ̳ Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the ÐÓ°ÉÂÛ̳ Website shall only be available through the sole discretion of ÐÓ°ÉÂÛ̳ or pursuant to the terms and conditions of a separate written agreement with ÐÓ°ÉÂÛ̳.
DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the ÐÓ°ÉÂÛ̳ Website, you may provide ÐÓ°ÉÂÛ̳ with additional content or information (a “Posting”). In connection with delivering and providing to ÐÓ°ÉÂÛ̳ any such Posting, you hereby and automatically grant to ÐÓ°ÉÂÛ̳ a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the ÐÓ°ÉÂÛ̳ Website and ÐÓ°ÉÂÛ̳’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide ÐÓ°ÉÂÛ̳ with reasonable proof thereof (if requested)) required for ÐÓ°ÉÂÛ̳ to use such content or information in connection with ÐÓ°ÉÂÛ̳’s services and the ÐÓ°ÉÂÛ̳ Website. Notwithstanding the foregoing, you acknowledge and agree that ÐÓ°ÉÂÛ̳ shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the ÐÓ°ÉÂÛ̳ Website in a timely or accurate manner. Moreover, ÐÓ°ÉÂÛ̳ assumes no responsibility for the deletion of or failure to store any content or information.
OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to participation in an ÐÓ°ÉÂÛ̳ program, conference, training, webinar, seminar, Authorized User registration with the ÐÓ°ÉÂÛ̳ Website to register for ÐÓ°ÉÂÛ̳ events, requests to receive the ÐÓ°ÉÂÛ̳ Newsletter and email notification of upcoming ÐÓ°ÉÂÛ̳ events, and/or to other specific portions or features of the ÐÓ°ÉÂÛ̳ Website, all of which are made a part of these Terms of Use by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the ÐÓ°ÉÂÛ̳ Website, the latter terms shall control with respect to your use of that portion of the ÐÓ°ÉÂÛ̳ Website. ÐÓ°ÉÂÛ̳’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on these Terms of Use should be construed to alter such terms, conditions, notices, and agreements.
ÐÓ°ÉÂÛ̳ PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the ÐÓ°ÉÂÛ̳ Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the ÐÓ°ÉÂÛ̳ Website, you acknowledge and agree that your use of the ÐÓ°ÉÂÛ̳ Website will constitute acceptance of ÐÓ°ÉÂÛ̳’s personal identifying information collection and use practices. Please see ÐÓ°ÉÂÛ̳’s Privacy Policy for a summary of ÐÓ°ÉÂÛ̳’s personal identifying information collection and use practices.
PROPRIETARY RIGHTS. You expressly acknowledge and agree that ÐÓ°ÉÂÛ̳ transfers no ownership or intellectual property interest or title in and to the ÐÓ°ÉÂÛ̳ Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the ÐÓ°ÉÂÛ̳ Website, unless otherwise indicated, are owned, controlled, and licensed by ÐÓ°ÉÂÛ̳ and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ÐÓ°ÉÂÛ̳ does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the ÐÓ°ÉÂÛ̳ Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that ÐÓ°ÉÂÛ̳ does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of ÐÓ°ÉÂÛ̳’s trademarks. This ÐÓ°ÉÂÛ̳ Website is Copyright © 2017 ÐÓ°ÉÂÛ̳® Inc. (ÐÓ°ÉÂÛ̳) and/or its licensors. All rights reserved. ÐÓ°ÉÂÛ̳ also owns a copyright in the contents of the ÐÓ°ÉÂÛ̳ Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the ÐÓ°ÉÂÛ̳ Website. Any downloadable or printable programs, directories, databases, information, or materials available through the ÐÓ°ÉÂÛ̳ Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ÐÓ°ÉÂÛ̳. The ÐÓ°ÉÂÛ̳ Website, ÐÓ°ÉÂÛ̳, the ÐÓ°ÉÂÛ̳ logo, and all other names, logos, and icons identifying ÐÓ°ÉÂÛ̳ and its programs, products, and services are proprietary trademarks of ÐÓ°ÉÂÛ̳, and any use of such marks, including, without limitation, as domain names, without the express written permission of ÐÓ°ÉÂÛ̳ is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
INFORMATION REQUESTS AND/OR FEEDBACK. ÐÓ°ÉÂÛ̳ welcomes your requests for information and/or feedback about ÐÓ°ÉÂÛ̳’s products or services or the ÐÓ°ÉÂÛ̳ Website. By transmitting any requests for information, feedback, material, or other content (collectively, “feedback“) to ÐÓ°ÉÂÛ̳, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ÐÓ°ÉÂÛ̳ and enable ÐÓ°ÉÂÛ̳ to use such feedback. In addition, any feedback received through the ÐÓ°ÉÂÛ̳ Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ÐÓ°ÉÂÛ̳ to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
LINKS TO OTHER SITES. ÐÓ°ÉÂÛ̳ may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by ÐÓ°ÉÂÛ̳ and are maintained by third parties over which ÐÓ°ÉÂÛ̳ exercises no control. Accordingly, ÐÓ°ÉÂÛ̳ expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
THIRD-PARTY PRODUCTS/SERVICES. ÐÓ°ÉÂÛ̳, in its sole discretion, may post the advertisements of third parties on the ÐÓ°ÉÂÛ̳ Website and/or feature materials, programs, products, and services provided by third parties. ÐÓ°ÉÂÛ̳ makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the ÐÓ°ÉÂÛ̳ Website are solely between you and such third party. Accordingly, ÐÓ°ÉÂÛ̳ expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the ÐÓ°ÉÂÛ̳ Website, and you agree that ÐÓ°ÉÂÛ̳ shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the ÐÓ°ÉÂÛ̳ Website.
DISCLAIMER. WHILE ÐÓ°ÉÂÛ̳ ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE ÐÓ°ÉÂÛ̳ Website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ÐÓ°ÉÂÛ̳ IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE ÐÓ°ÉÂÛ̳ Website. MOREOVER, ÐÓ°ÉÂÛ̳ MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE ÐÓ°ÉÂÛ̳ Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE ÐÓ°ÉÂÛ̳ WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ÐÓ°ÉÂÛ̳ Website. ÐÓ°ÉÂÛ̳ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE ÐÓ°ÉÂÛ̳ Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ÐÓ°ÉÂÛ̳ ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE ÐÓ°ÉÂÛ̳ Website WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY. You expressly absolve and release ÐÓ°ÉÂÛ̳ from any claim of harm resulting from a cause beyond ÐÓ°ÉÂÛ̳’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL ÐÓ°ÉÂÛ̳ BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ÐÓ°ÉÂÛ̳ Website, WITH THE DELAY OR INABILITY TO USE THE ÐÓ°ÉÂÛ̳ Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ÐÓ°ÉÂÛ̳ Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ÐÓ°ÉÂÛ̳ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ÐÓ°ÉÂÛ̳ FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ÐÓ°ÉÂÛ̳ Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ÐÓ°ÉÂÛ̳ IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
INDEMNITY. You agree to defend, indemnify, and hold harmless ÐÓ°ÉÂÛ̳ and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms of Use.
NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by ÐÓ°ÉÂÛ̳, you shall immediately (i) notify ÐÓ°ÉÂÛ̳ of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by these Terms of Use at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform ÐÓ°ÉÂÛ̳ of the results of such investigation, (c) assist ÐÓ°ÉÂÛ̳ using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist ÐÓ°ÉÂÛ̳ as reasonably necessary to enforce ÐÓ°ÉÂÛ̳’s rights and to enable ÐÓ°ÉÂÛ̳ to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
GOVERNING LAW. These Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Wisconsin, U.S.A. as applied to agreements entered into and completely performed in the State of Wisconsin. You and ÐÓ°ÉÂÛ̳ each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Wisconsin for any disputes between us under or arising out of these Terms of Use. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against ÐÓ°ÉÂÛ̳ must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms of Use and is hereby disclaimed. ÐÓ°ÉÂÛ̳ makes no representation that the ÐÓ°ÉÂÛ̳ Website is appropriate or available for use in other locations outside the State of Wisconsin, and access to the ÐÓ°ÉÂÛ̳ Website from sates, territories, or nations where any aspect of the ÐÓ°ÉÂÛ̳ Website is illegal is prohibited. You access the ÐÓ°ÉÂÛ̳ Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the ÐÓ°ÉÂÛ̳ Website. A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact ÐÓ°ÉÂÛ̳ if you wish to receive a printed copy of these Terms of Use.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the ÐÓ°ÉÂÛ̳ Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ÐÓ°ÉÂÛ̳ reserves the right to view, monitor, and record activity on the ÐÓ°ÉÂÛ̳ Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the ÐÓ°ÉÂÛ̳ Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the ÐÓ°ÉÂÛ̳ Website as well as to disclosures required by or under applicable law or related government agency actions. ÐÓ°ÉÂÛ̳ will also comply with all court orders involving requests for such information. In addition to the foregoing, ÐÓ°ÉÂÛ̳ reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the ÐÓ°ÉÂÛ̳ Website, or any portion of the ÐÓ°ÉÂÛ̳ Website, in order to protect the ÐÓ°ÉÂÛ̳ Website, ÐÓ°ÉÂÛ̳, or ÐÓ°ÉÂÛ̳’s business.
TERM AND TERMINATION. These Terms of Use and your right to use the ÐÓ°ÉÂÛ̳ Website will take effect immediately when you access or use the ÐÓ°ÉÂÛ̳ Website and is effective until terminated as set forth below. In addition, ÐÓ°ÉÂÛ̳ reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms of Use, to deny your access to the ÐÓ°ÉÂÛ̳ Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and these Terms of Use will also terminate automatically if you fail to comply with these Terms of Use, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms of Use at any time by ceasing to use the ÐÓ°ÉÂÛ̳ Website, but all applicable provisions of these Terms of Use will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the ÐÓ°ÉÂÛ̳ Website in your possession. In addition to the miscellaneous section below, the provisions concerning ÐÓ°ÉÂÛ̳’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of these Terms of Use for any reason.
MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of these Terms of Use will cause irreparable injury to ÐÓ°ÉÂÛ̳, such injury would not be quantifiable in monetary damages, and ÐÓ°ÉÂÛ̳ would not have an adequate remedy at law. You therefore agree that ÐÓ°ÉÂÛ̳ shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that ÐÓ°ÉÂÛ̳ post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ÐÓ°ÉÂÛ̳ to enforce any provision of these Terms of Use. The parties agree that these Terms of Use is for the benefit of the parties hereto as well as ÐÓ°ÉÂÛ̳’s licensors. Accordingly, these Terms of Use is personal to you, and you may not assign your rights or obligations to any other person or entity without ÐÓ°ÉÂÛ̳’s prior written consent. Failure by ÐÓ°ÉÂÛ̳ to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by ÐÓ°ÉÂÛ̳ of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and ÐÓ°ÉÂÛ̳ as result of these Terms of Use or your utilization of the ÐÓ°ÉÂÛ̳ Website. Headings herein are for convenience only. These Terms of Use, along with the ÐÓ°ÉÂÛ̳’s Privacy Policy, represents the entire agreement between you and ÐÓ°ÉÂÛ̳ with respect to use of the ÐÓ°ÉÂÛ̳ Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ÐÓ°ÉÂÛ̳ with respect to the ÐÓ°ÉÂÛ̳ Website.

















