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.
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.
- 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.
- 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.
- 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.
- 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,
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.
- 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.
- 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 RJWestmore
Training System, a division of Universal Protection Service, LP 1551 North Tustin
Ave. Suite 650, Santa Ana, CA 92705.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- Reservation of Rights. Copyright © 2013 RJWestmore 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. RJ Westmore 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
of Liability for Public Safety Officers/Employees
Please Read This Document Carefully.
Copyright © 2014 RJWestmore Training System a division of Universal Protection Service,
LP. All rights reserved.