Terms of Use, End User License Agreement, Disclaimer, and Release of Liability

Please Read This Document Carefully.

By using the pages in this website, you agree to these terms and conditions. If you do not agree, you should not use this website or any applications or services contained on, or downloaded from this website. These terms and conditions may be changed or updated from time to time.

This Terms of Use, End User License Agreement, Disclaimer, and Release of Liability Agreement ("the Agreement") is a legal agreement between you and RJ Westmore Training System, a division of Universal Protection Service, LP ("RJW") for use of this website and any applications or programs contained on, or downloaded from this website. Such applications include, but are not limited to the RJ Westmore Training System ("RJWTS"), which includes computer software and associated media, website programs or applications, streaming media, and associated media and printed materials, and may include online or electronic documentation, applications, services, solutions, compilations, reports, summaries, other documents, and printed materials generated from use of this website (collectively referred to as "the Software").

THE RJWTS IS DESIGNED EXCLUSIVELY FOR TENANTS AND EMPLOYEES OF THE BUILDING OR PROPERTY FOR WHICH IT WAS DESIGNED AND FOR WHICH YOUR REGISTRATION CODE AND PASSWORD WAS ISSUED ("THE BUILDING"). THE MATERIALS, INFORMATION, AND DOCUMENTS CONTAINED IN RJWTS ARE SOLELY APPLICABLE TO THE BUILDING AND FOR NO OTHER. THIS AGREEMENT EXPRESSLY PROHIBITS USE OF RJWTS BY ANY PERSON OTHER THAN A TENANT OR EMPLOYEE OF THE BUILDING.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THE MATERIALS, INFORMATION, AND DOCUMENTS PROVIDED BY RJW SHOULD BE CONSTRUED AS A WARRANTY OR GUARANTEE THAT ANYONE VIEWING THE RJWTS WILL AVOID INJURIES OR DAMAGES RESULTING FROM ANY EMERGENCY EVENT, TERRORIST ACT, OR SITUATION. THE RJWTS IS DESIGNED TO PROVIDE GENERAL INFORMATION ONLY AND THE APPROPRIATE RESPONSE TO ANY EMERGENCY SITUATION WILL DEPEND ON NUMEROUS VARIABLES NOT NECESSARILY ADDRESSED BY THE RJWTS.

By clicking on the box in front of "I have read and agree to the terms as listed here. (clicking on the "here" provides you a copy of this document), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you MUST NOT click on the box and you MUST exit this website.

1. Restricted Use of This Product and Disclaimer. The Software is designed exclusively for customers of RJW who have properly subscribed to this service and been specifically authorized in writing by RJW to access and use the website and the Software. THE MATERIALS, INFORMATION, AND DOCUMENTS CONTAINED IN THE SOFTWARE ARE SOLELY APPLICABLE TO THE AUTHORIZED USERS HOLDING AN APPROVED PASSWORD.
2. Software Product License. The Software is protected by copyright laws, as well as other intellectual property laws. The Software is licensed, not sold. You may view and use the Software on the terms and conditions specified herein. You may not store, copy, replicate, or otherwise save any portion of the Software. You may not reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent, sub-license, or lease the Software. You may not transfer the Software or any rights you may have as a user under this Agreement to another person or entity.
3. Submissions. All remarks, suggestions, ideas, graphics, or other information communicated to RJW (collectively, the "Submission") will forever be the property of RJW. RJW will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future versions of the Software. RJW will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you own whatever material you submit, and use of your Submission by RJW will not infringe or violate the rights of any third party.
4. Intellectual Property Rights. The following provisions shall apply with respect to copyrightable works, proprietary, development, technical, assessment methodologies, artwork, presentation materials, manuals, computer programming techniques and all record bearing media containing or disclosing such information and techniques, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property").

   RJW personally holds an interest in and solely owns the Intellectual Property that is described herein. Intellectual Property will include but not be limited to those products and services, including but not limited to the Software developed by RJW and/or its affiliates before, during and after services provided and described in this Agreement. Any improvements to Intellectual Property items listed herein, further inventions or improvements, and any new items of Intellectual Property discovered or developed by RJW (or its employees or agents,) during the term of this Agreement shall be the sole and exclusive property of RJW. You will not acquire any rights or interest in any way in such Intellectual Property or other providers copyrighted information by virtue of the development, experimentation, modification, or adaptation of any portion of the Software.

   RJW grants you a non-exclusive, written license to use RJW''s Intellectual Property embodied in the Software needed to exploit the rights granted under this Agreement. Nothing in this Agreement shall constitute a waiver of any patents, trademarks, service marks, ownership interests, or copyrights that RJW has in the Software.

   You agree that you will not distribute the Intellectual Property or software of RJW contained in the Software to any person or entity other than as contemplated in this Agreement. You agree to undertake your best efforts to prevent transmission of usernames or passwords provided by RJW to any person or entity except as provided in this Agreement.

5. Title and Protection. All rights, title, and interest in and to the Software are and shall remain at all times the property of RJW and/or RJW''s suppliers. You agree to take all reasonable steps to protect the Intellectual Property rights of RJW, including, but not limited to distributing unauthorized passwords, storing any portion of the Software, streaming content or media, or otherwise taking any actions to dilute the Intellectual Property rights of RJW.
6. Copyright. All titles and copyrights in and to the Software, the accompanying printed materials, and any copies of the Software, are owned by RJW or its suppliers. The Software is protected by U.S. and international copyright laws. Therefore, you must treat the Software like any other copyrighted material.

   U.S. GOVERNMENT RESTRICTED RIGHTS.

   The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer is Allied Universal Training System, a division of Universal Protection Service, LP 1551 North Tustin Ave. Suite 650, Santa Ana, CA 92705.

7. No Warranties and Indemnification. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE AND WEBSITE ARE PROVIDED "AS IS" AND RJW, ITS CLIENTS, AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RJW, ITS CLIENTS, AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SOFTWARE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SOFTWARE OR THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SOFTWARE OR THAT THE SOFTWARE WILL MEET ANY USER''S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE OR WEBSITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

   You agree to indemnify, defend and hold harmless RJW, its clients, affiliates, officers, directors, employees, members, managers, insurers, consultants, agents, and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Software, whether such claim arises from the sole, active, or passive negligence of RJW, your violation of this Agreement, upon theories of express or implied warranty, strict products liability, disclosure of confidential information, other fault of RJW, its agents, and/or employees or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RJW, ITS CLIENTS OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RJW, ITS CLIENTS, AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RJW''S, ITS CLIENTS’, AFFILIATES'', AND SUPPLIERS'' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY) IN THE PREVIOUS 12 MONTHS.

   Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

9. Export Restrictions. You acknowledge that the Software, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Software or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation
10. Injunctive Relief. You acknowledge that any use of the Software contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Software, may cause irreparable injury to RJW, its affiliates, suppliers and any other party authorized by RJW to resell, distribute, or promote the Software, and under such circumstances RJW will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
11. Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Santa Ana, California.
12. Waiver and Severability. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
13. Entire Agreement. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. RJW may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to RJW under this Agreement must be sent to the address provided above, or other address as provided by RJW for such purpose. Any and all rights and remedies of RJW upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on RJW, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
14. Responsibility for Content of Your Communications. You agree that you are solely responsible for the content of all visual, written or audible communications sent by you and you will not use this website to send unsolicited commercial email outside your company or organization in violation of applicable law. You further agree not to use this website to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, or would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation or that violates your agreed upon responsibilities to other entities. You also agree that RJW may delete any such communications in its sole and absolute discretion without notice.
15. Termination By RJW. Without prejudice to any other rights, RJW may terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. You have been, or will be, provided with a username and password. You are not allowed, under any circumstances to share your username and password with any other person or entity. Doing so terminates any rights you have under this Agreement. RJW is not responsible for any unauthorized acquisition and use of passwords or unauthorized access to RJWTS resulting from such acquisition and use.
16. Telephone Lines and Internet Connections. This website transmits signals over telephone company lines, cables or other Internet communication media. RJW cannot, and does not, maintain or repair telephone or Internet connection lines and equipment or computer or networking equipment. Under no circumstances shall RJW or its agents be liable for any network interruptions, including without limitation, any downtime regarding computer servers or interruption of Internet service providers. You assume responsibility for all phone line or Internet access charges or excessive abuse of the Internet-based portion of the Software.
17. Assignment. RJW shall have the right to assign this Agreement in its entirety and the right to change or reassign various duties regarding the operation and performance of any duties imposed by this Agreement. You do not have any assignment rights.
18. Force Majeure. Inability or delay in providing access to the Software resulting from cause beyond the control of RJW, including but not limited to interruption of communication lines, labor disputes, acts of terrorism, government action or order, laws, or acts of God or war shall not constitute a breach of contract and the parties hereto agree to resolve any resulting issues by mutual agreement, including, without limitation an extension of service, additional service or credit on a pro rata basis.
19. Compliance With Law. Each of the parties to this Agreement shall exert every reasonable effort in the performance of their respective obligations hereunder to comply with all applicable municipal, county, state and federal laws, ordinances and regulations.
20. Reservation of Rights. Copyright © 2013 Allied Universal Training System, a division of Universal Protection Service, LP. All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electric or mechanical, including photocopying, recording, and broadcasting, or by any information storage and retrieval system, without permission in writing from RJW. Allied Universal Training System, www.rjwestmore.com, RJ Westmore and RJ Westmore Training System Logos and Seal(s), are registered trademarks of RJW, registered in the State of California, Federal registry and/or other jurisdictions. All other trademarks referenced are the trademark, service mark, or registered trademark of the respective holders. The software and technology used to implement the Software contain trade secrets that RJW considers to be confidential and proprietary information, and your right to use this material is subject to the restrictions in this Agreement under which you obtained it. Companies, names, products and data used in the examples illustrating RJW products, and in the training materials and demonstrations are fictitious. Any resemblance to existing companies, persons, or products is coincidental and unintentional.

Addendum A to Terms of Use, End User License Agreement, Disclaimer, and Release of Liability for Public Safety Officers/Employees

Please Read This Document Carefully.

If you are a public safety officer or public safety employee, you have been granted access to the RJ Westmore Online Training SystemTM ("RJWTS") solely on the basis of your authorized duties for the public safety entity or agency which has jurisdiction in which the property or building described in the RJWTS is located. In addition to your agreement to abide by each and every term of the Terms of Use End User License Agreement Disclaimer, and Release of Liability for all users, you further agree to maintain the information and data contained in the RJWTS in strict and absolute confidence. By clicking the "I have read and agree to the terms as listed here" button you agree to limit any disclosure or dissemination of information contained in the RJWTS and to matters directly related to the performance of your authorized duties as a public safety officer or public safety employee. If you are employed by a public entity or public agency, you further agree that you are authorized engaged to bind that entity or agency to the terms of this Addendum. If you do not agree to these terms DO NOT click the "I have read and agree to the terms as listed here" button and exit this website.

Copyright © 2014 Allied Universal Training System a division of Universal Protection Service, LP. All rights reserved.