Terms of Service

Updated: November, 2017

RCMTrainingOnline.com and The Force, Inc.

Company Terms of Service

Welcome to RCMTrainingOnline.com (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “Company,” “we,” “us” and “our” refer to The Force, Inc. and RCMTrainingOnline.com

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, OUR POSTED PRIVACY POLICY AND YOU AGREE TO RECEIVE REQUIRED NOTICES REGARDING YOUR ACCOUNT AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

SECTION I: REGISTRATION

You must register on this Site in order to use certain of the Site functions, such as access to materials or to purchase a product. If you just want to browse this Site, registration is optional. During registration, you will be required to provide contact information, consisting of a first name, last name, email address, username and password. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being shared to others by use of certain of the functions of Company and the Site such as our blog, frequently asked questions and commentary section. Company reserves the right to reject or remove any username at its sole discretion.

For certain of our functions, such as the purchase of products and services, you are required to provide your name, address, and billing and credit card information. You are required to provide accurate and complete information.

 

A. Account Information and Passwords

 

When you register, you agree to give us “Registration Information” about yourself that is complete and accurate, and you agree to keep this Registration Information current and accurate. We have the right to suspend or terminate an account and refuse use of the Site if we reasonably suspect such Registration Information is untrue, inaccurate, out-of-date, or incomplete. This includes credit card information.

Upon registration, you will be asked to create a password. You may not share your password with anyone. You are solely responsible for securing and maintaining the

confidentiality of your password and account, and you agree to accept responsibility for all activities that occur under your account. In order to maintain the confidentiality of your username and password, You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session if You are using a publicly accessible device. Subject to your compliance with these Terms, Company grants you permission to access and use the Site and Content as set forth in these Terms, and consistent with the intended features and functions of the Site.

 

B. Account Requirements

 

To create your account with our Site (‘your Account”), you must qualify and agree to the conditions set forth below:

  • You are 18 years of age or older,
  • All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify Us of any changes to such information.
  • You acknowledge that in establishing your Account you provided Us with personal information. You agree that information may be disclosed for certain purposes as set forth and disclosure in our Privacy Policy.
  • Your Account is for your sole use only and must not be used by any third-party. You will never allow any third party to use your Account, password, log-in or user ID to access or use the Site for any purpose. We take no responsibility for any third-party access to your Account.
  • You fully understand the disclaimers, rules, and procedures of this Site and will always comply fully with this Agreement.
  • You will not engage in any conduct that injures or may injure the business, reputation or goodwill of The Force, Inc. or any other company or person through use of our Site.
  • You will not use the Site for fraudulent or otherwise illegal purposes.
  • You will not mask your identity in any way while accessing the Site.
  • You will not engage in the sale of access to our Site or any content on our Site.

 

SECTION II FEES & MEMBERSHIP SUBSCRIPTION TERMS:

 

A. FEES:

 

Fees for membership or subscription products and services are considered due immediately upon purchase. All enrollment fees are payable in advance. Site enrollment fees are subject to review and change with advance notice and may be changed at any time. Fees are non-transferrable and non-refundable once a course has been assigned to an end-user except were a course fails to complete correctly and when the problem cannot be rectified.

 

B. AUTOMATIC RENEWAL OF MEMBERSHIP:

 

All purchases of individual and institutional membership will be automatically renewed on the anniversary of the membership expiration date, will be automatically renewed for another term and will continue until cancelled. Recurring billing fees charged to a credit card upon sales of service, or renewal of membership continue until cancelled. Subscription amounts may vary and you agree to pay Company all fees for subscriptions and/or services purchased on or through the Site under your account at the then-current rates for such subscriptions and/or services (including any applicable taxes). The fees or charges for subscriptions may change over time, and Company will send you a notice of such changes in advance via a message on or through the Site and/or email to the email address in your account. For any change in fees or charges for renewal of a subscription purchased under your account, we will send you a notice of such change in advance of renewal (via a message on or through the Site or email).

 

C. BILLING CYCLE:

 

Your membership or subscription continues until you cancel it, and your credit card will be charged automatically annually, quarterly or every 30 days based on your subscription type and billing period. For recurring billing product and services, at the beginning of your subscription, the initial charge on your credit card gives you access to membership or subscription Content on the Site beginning on the date on which you subscribe. Thirty days, 120 days or one year based on your subscription timing after the initial charge your card will be charged automatically again for the following 30 days, 120 days or one year of access. After that, your card will be charged regularly at approximately the same time each month, every 120 days or each year based on your subscription election. If your credit card account number or expiration date changes, please notify us immediately to avoid suspension in access to subscription Content on the Site. You may either log into your account and make updates or call customer support.

 

D. CANCELLATION OF MEMBERSHIP

 

You may cancel your membership or subscription any time, and your access to membership or subscription Content on the Site will stop at the end of the current annual, quarterly or monthly billing cycle. Once billing cycle has started, refunds are not available for any unused portion of your subscription for that billing cycle.

 

E. PURCHASE OF INDIVIDUAL PRODUCTS (OUTSIDE OF MEMBERSHIP):

 

Company shall bill customer, and customer shall be obligated to pay, the fees billed based on the product or service ordered on the Billing Start Date for access to products outside of the membership and subscription. The Parties acknowledge that the calendar date of registration, agreement to purchase through registration, or purchase date of product or service, shall serve as the date applicable to any and all references in this Terms of Use to Billing Start Date, including but not limited to, renewal terms and all notices associated therewith.

 

F. TERMS OF PAYMENT:

 

Each invoice for the Fees as indicated, is payable in U.S. dollars and due within thirty (30) days of the invoice date, unless otherwise indicated on the invoice.

Client agrees to cooperate with outside accounting firms in the execution of any necessary forms required for applicable account information for purposes of this Agreement.

 

G. COLLECTION OF PAYMENT:

 

Any amounts due, which are not paid within thirty (30) days after the invoice date, may bear interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower. Client agrees to reimburse Company any attorney fees incurred in the collection of the amount due plus any legal costs incurred by Company pursuant to collection of Fees.

SECTION III: TERMINATION

 

A. TERMINATION BY COMPANY:

 

Company may immediately terminate your account, with subsequent notification, if Company reasonably believes that your account is being used to engage in activity that violates applicable law or any provision of these Terms. In such event, you will not be entitled to any refund of prepaid fees for subscriptions and/or services that have not yet been provided.

In addition, at any time, Company may discontinue parts of the Site or terminate the Site entirely, for any reason, and remove and discard all or any part of your account or any Content uploaded by you, with or without notice.

You agree that upon any termination of the Site, your access to the Site or any account you may have or portion thereof may be deleted without prior notice, and you agree that Company will not be liable to you or any third party for any such termination except as described in these Terms. Provided that you have complied with these Terms, upon Company’s termination of the Site or your account, Company will refund any prepaid fees for subscriptions and/or services that have not yet been provided.

 

B. TERMINATION BY YOU

 

You may terminate your membership or subscription at any time by logging into your account and choosing the cancellation option or by calling customer support.

If you terminate your account, once a billing cycle has started, refunds are not available for any unused portion of your subscription for that billing cycle.

You will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the product or service incurred before termination.

All obligations under these Terms, which by their nature require performance by either party after the termination of your account, shall survive such termination with respect to any events that occurred prior to the effective date of any termination.

SECTION IV: CONTENT USE, SHARING, AND COPYRIGHT

Collectively, “Content” is defined as all content available on or through the Site, including without limitation, text, headlines, files, images (such as photos, icons, visual interfaces, graphics, and design), audio and audiovisual works, videos, software, databases, information, and the compilation, arrangement, and assembly of such Content with hyperlinks, and all other elements of the Site provided by Company.

You acknowledge the Site has been developed, compiled, prepared, revised, selected, and arranged by Company and its affiliates and other information sources through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Company. You agree to protect such proprietary rights during and after the term of this agreement and to comply with all reasonable written requests made by Company or its suppliers and licensors of content or other materials in order to protect their contractual, statutory, and common law rights in any Content or the Site.

 

A. PERMITTED AND RESTRICTED USE AND SHARING OF CONTENT

 

Personal Use

As a personal subscriber or personal Site user, you may:

  • Use the Site and Content you are authorized to access for personal, non-commercial use only. Company hereby grants you a limited, revocable, non-sub licensable license to display the Content solely for your personal, non-commercial use in connection with viewing the Content and using the Site.
  • Download articles and newsletters for personal use and share Content only as Site functionality permits. You may store one copy of an article or newsletter on your own computer, and print one copy for your personal use. Each article or newsletter must remain intact in its entirety and retain all copyright notices and other proprietary notices as provided with the Content.
  • Except through Site functionality, such as article-sharing tools on the Site, no part of the Content or Site may be reproduced or distributed to others by any means without the prior written permission of Company

Commercial Use:

  • To use the Site and Content for commercial purposes, You must subscribe as a commercial user and have express permission from The Force, Inc.  

This Site and its contents are for your individual and non-commercial use only.

SECTION V:  COMMUNITY GUIDELINES

Company may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.

 

A. Default Creative Commons Public License for User Content

 

When you use our blogs or other social and communications functions, you agree at all times to comply with these Company Community Guidelines. Any and all works of authorship copyrightable by you and posted by you to any blog or anywhere else on this Site are submitted under the terms of a Creative Commons Attribution International Public License (aka a ShareALike License). Under this license, you permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your content, but only if they do so under the same license that governs your original content. Please read the full text of the license Creative Commons Attribution International License Terms Among other things, this license permits RSS aggregators to copy, distribute, display and perform any Content on our blog that you syndicate using RSS. All content on your blog or posts is syndicated for RSS aggregation unless you change your settings to indicate otherwise. If you prefer your content have more restrictive licensing terms, do not post it on this Site.

 

B. Company’s Use of Content That You Supply

 

If you post any content on any public area of the Site, you grant us and our affiliates the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

 

C. No Duty to Monitor

 

You agree that Company is not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

 

D. Third Party Sites and Advertisers

 

Company may include on its Site links to third party websites. You agree that we are not responsible or liable for any content or other materials on third-party sites. You also agree that we are not responsible for content or claims supplied by our partners, suppliers or advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Company is not responsible for any claim or loss due to a third party site or any advertiser.

 

E. Company Is Not Responsible For User Generated Content

 

You acknowledge that Company does not pre-screen or regularly review posted contents, but that it shall have the right to remove in its sole discretion any content that it considers a violation of these Terms. You understand that all content posted by Site users is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressly strictly in their individual capacities, and not as representative of Company. You agree that Company will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of any content posted on this Site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

F. Children

 

Collecting personal information from children under the age of 18 is strictly prohibited.

SECTION VI: ADDITIONAL TERMS:

 

A. EULAS

 

When you register for or purchase the Site’s services, you may be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. You will be bound by any EULA that you agree to.

 

B. Company Privacy Policy

 

Your use of this Site signifies your continuing consent to the Company Privacy Policy, which you can examine any time by clicking on the “Privacy Policy” link on the Site.

Personal information that you supply to Company, and any information about your use of the Site that we obtain will be subject to the Company Privacy Policy on this Site.

 

C. Changes to Company

 

We may discontinue or change any Company content, service, function or feature at any time with or without notice.

 

D. Law:  

 

You may use Company services for lawful purposes only and may use the Site only in ways consistent with the law.

 

E. Collection

 

You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

 

F. Proprietary Rights

 

Company, its partners and suppliers reserve all rights under intellectual property law in Company and in any content that is on the Site. Except as Company may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Company, its partners or suppliers on the Site without our express prior written consent.

 

G. Changes to the Terms of Use

 

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

 

H. Electronic Delivery Statement and Your Consent

 

You agree that we may provide to you notices and other information concerning Company or this Site electronically, including use of any email address that you may provide for any purpose, including marketing, newsletters, and information related to your account.

 

I. Age of Users

 

Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

J. Governing Law

You agree that the laws of the state of Alabama, USA and US federal law govern these terms of use, its subject matter, your use of the Site, these terms of use, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Choice of Law and Location for Resolving Disputes

You agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Alabama and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF ALABAMA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF

TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. By using this Site, you are also waiving any right you have to be a class representative in a claim against Company.

 

K. Severability and Integration

 

This contract and any supplemental terms, policies, rules, and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

SECTION VII: DISCLAIMERS

 

A. Use of Site

 

The Internet is not owned or controlled by Company and Company cannot guarantee that the Site will be available at all times. We provide this Site and its contents “AS IS.” We and our partners and suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS AND SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws which are not set forth herein.

 

B. Technological Requirements

 

We cannot guarantee optimal performance of our site when used through old or abandoned browsers. For example, Microsoft Internet Explorer 6 or 5.5 for Windows or Mac and previous versions of Apple’s Safari, Mozilla Firefox or Opera are not compatible with the Site. No refunds will be provided if your internet browser or computer system is out of date and too old to support the Site as designed.

 

C. Use of Trainings

 

You acknowledge that Company makes no guarantees when participating in the Site’s online trainings. You acknowledge that Company’s Content will not make you an expert in RCM; does not provide any certification, specialization or “expert” designation; does not qualify anyone to conduct an RCM analysis. You acknowledge that the Site exists to merely promulgate RCM principals and the basic principles behind identifying equipment maintenance tasks and associated intervals and default strategies. You further acknowledge that the application of RCM principles to your specific equipment requires more in-depth training and support than what is offered on and through the Site. Any and all examples and case studies presented through the Site are for training purposes only and the results should not be used as a template for “real-world” application but merely to demonstrate how the RCM principles are applied.

All information, recommendations, surveys, and forecasts provided by Company are made in good faith based on information available to Company at that time. The failure or the success of the utilization of the principles addressed in the Content depend on factors and circumstances outside of the control of Company. Under no circumstances should any information, recommendations, surveys, or forecasts provided by Company be construed as a representation, undertaking, warranty, or a contractual obligation, and Company shall have no liability if any such information, recommendation, survey, or forecast proves to be inaccurate. You agree that Company is not responsible for the acts or omissions as a direct or indirect result of you or your employees’ participation in Company’s online training.

 

D. RCM Coaching and Facilitator Training

 

You acknowledge that training to facilitate RCM analysis, and online coaching specific to your business is available, but does not result from merely watching the training videos. If you are interested in becoming an RCM Facilitator or having specific online coaching sessions, you must contact Nancy Regan to set up those services and agree to a separate agreement. Without prior approval from Nancy Regan AND the execution of a coaching or facilitator training agreement, you acknowledge that use of the Content on this Site will not provide you specific direction regarding RCM implementation for your specific equipment.

SECTION VIII: LIMITATION OF LIABILITY

You may not assert claims for money damages arising from this Site or its contents. We and our partners and suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, including but not limited to loss in profits, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and our partners and suppliers, shall be limited to the extent permitted by law.

SECTION IX: INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our parent and other affiliate, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which

event you will cooperate with us in asserting any available defenses.

SECTION X: INTERNATIONAL USE

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

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