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Terms Of Use

Last updated on February 22, 2010
 
Welcome to the RC Certify Website. These Terms of Use are provided by LogicEase Solutions Inc., through its ComplianceEase division ("ComplianceEase"). These Terms of Use will govern your use of website http://www.RCCertify.com (the "Website"), to access, except as expressly set forth herein, all the audio and visual information, documents, text, and software contained or made available to you on or through access to the Website ("Content") provided by ComplianceEase.
 
1. APPLICABILITY.

By applying for a LEF license (“License”) or RC Certification services (“Services”) or accessing the Website, you are subject to these Terms of Use and all applicable laws, as well as to the terms and conditions of any other written agreement between you and ComplianceEase relating to the provision of the License and/or Services (a "RC Agreement"), and these Terms of Use constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent) in connection with any use of or access to the Website. Although the process for obtaining RC Certification and/or a License will require you to "click-through" or otherwise affirmatively agree to another agreement, these Terms of Use are binding on you by your use of or access to the Website, regardless of whether or not you choose to obtain a License or any Services.
 
In the event of a conflict between these Terms of Use and the terms of an effective RC Agreement between you and ComplianceEase, the terms of such agreement shall govern. These Terms of Use are applicable to all Content accessed on or received through the Website and you agree to assume sole responsibility for compliance with these Terms of Use. In addition, you will be subject to any guidelines or rules applicable to the Website or the Content that ComplianceEase may from time to time post on the Website or otherwise communicate to you. Any such guidelines or rules and ComplianceEase’s RC Certify Privacy Statement shall each be deemed part of these Terms of Use.

2. USE OF THE SERVICES.

(a) You are solely responsible for complying with all laws, rules, regulations, and/or other legal requirements applicable to your use of the Website and the Content, including without limitation those related to consumer privacy. You may not use the Website or Content in any manner that violates any law, rule, regulation or other legal requirement or the rights of any third party or that is otherwise disruptive to the Website. You may not obtain or attempt to obtain any Content or information from the Website through any means not intentionally made available through the Website. ComplianceEase reserves the right to terminate your use of this Website, in its sole discretion, with or without notice, if ComplianceEase reasonably believes that your conduct fails to conform to these Terms of Use.

(b) You acknowledge that ComplianceEase may establish general practices and limits concerning use of the Website, Content, and Services. You further acknowledge that ComplianceEase reserves the right to change these general practices and limits from time to time by notification and delivery to you of revised instructions. Content may be changed or updated without notice. ComplianceEase may make improvements and/or changes in the Services and certifications described in the Content at any time without notice.
 
(c) Without limiting the generality of the foregoing, you agree that you will not, under any circumstances, submit material to the Web Site that:
i.   is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to submit it;
ii.   reveals trade secrets, unless you own own them or have the permission of the owner;
iii.  infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
iv.  removes or obscures copyright notices contained on data or documentation received from ComplianceEase (whether though the Services or otherwise); or
v.   contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.

3. ACCESS, PASSWORDS AND SECURITY.

You will be permitted a specified number of users under your RC Certify account with ComplianceEase. You are solely responsible for the security of RC Certify User ID(s) and Password(s) issued to you and ComplianceEase shall have no liability for any losses, claims or damages incurred as a result of any loss, theft or misuse of User ID(s) and Password(s), unless such loss, theft, or misuse is caused by ComplianceEase, its employees, or agents. You will be responsible for all electronic communications, including account registration and other user information, e-mail, and other data ("Electronic Communications") entered through or under your RC Certify User IDs and Passwords. Unless it has actual knowledge of fraudulent activity, ComplianceEase will presume that any Electronic Communications it receives under your RC Certify User IDs and Passwords has been sent by you. You agree to notify ComplianceEase immediately if you become aware of any loss or theft or unauthorized use of any of your User IDs and/or Passwords.

4. SECURITY AND STORAGE OF DATA.

The security of your entered data may be maintained through the use of data encryption, data security protocols, passwords and other methods that ComplianceEase may employ, or that ComplianceEase may suggest or require that you employ. You agree that ComplianceEase has no responsibility or liability either for the deletion or failure to store any data transmitted by you or anyone else to the Services, or the operation, or failure, or weakness, of any data encryption, data security protocols, passwords or other security methods employed by ComplianceEase.

You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that, notwithstanding the efforts of ComplianceEase to implement reasonable security precautions, ComplianceEase does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided from time to time by ComplianceEase, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of ComplianceEase.

5. LINKS.

The Website may contain links to third party Internet sites or other resources. The linked sites are not under the control of ComplianceEase and ComplianceEase is not responsible for the content of any linked site or any link contained in a linked site. ComplianceEase does not endorse companies or products to which it may link, and does not warrant that a linked site will not contain computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against ComplianceEase for any damages or losses whatsoever resulting from such use. The views and opinions expressed in any third-party sites do not necessarily reflect the views of ComplianceEase.

6. DISCLAIMER.  

ComplianceEase assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Website. While ComplianceEase strives to keep the information on the Website accurate, complete, and up-to-date, ComplianceEase cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content found at the Website. COMPLIANCEEASE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OF THE WEBSITE. THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. COMPLIANCEEASE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT OF THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPLIANCEEASE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY TEXT, INFORMATION, SOFTWARE, IMAGES, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPLIANCEEASE HAS BEEN ADVISED OF THE POSSIBILITY OF 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 TO YOU.
 
In addition, these Terms of Use incorporate in full by this reference the RC Certify Disclaimer available on this Website that describes the scope and nature of the RC Certification.
 
7.  TRADEMARK AND COPYRIGHT INFORMATION.

The terms "ComplianceEase", "LogicEase", “RC Certify,” and “RegulatorConnect”, the ComplianceEase logo, the LogicEase logo and other ComplianceEase trademarks, service marks, logos and product and service names are registered and unregistered marks of LogicEase Solutions Inc. ("LogicEase Marks"). You agree not to display or use the LogicEase Marks in any manner without the prior written permission of ComplianceEase.

Contents of the Website are copyright © 2010 by LogicEase Solutions Inc. All rights reserved. The foregoing claim of copyright covers everything you see or read on the Website unless otherwise noted, including without limitation, the designs, graphics, underlying HTML text and organization of all databases. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or Services obtained from this Website.

8. ARBITRATION.  
 
By accessing the Website and using the information therein available and/or by using any Content or Services made available through the Website, you agree that other than claims for injunctive relief brought by ComplianceEase (which may be brought either in any court or pursuant to this arbitration provision), any claim, dispute or controversy between the parties, under, arising out of or related to this Agreement shall be determined by arbitration in San Francisco, California, under the Commercial Arbitration Rules, Expedited Procedures, of the American Arbitration Association (“AAA”) in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within 10 days of the arbitration demand or if not, by AAA, who shall be an attorney with at least 15 years business law experience. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.  This arbitration provision applies to all claims now in existence or that may arise and shall survive the termination of any dealings between you and ComplianceEase.

Except as required by law, the existence of any dispute, any settlement negotiations, the arbitration hearing, any submissions (including exhibits, testimony, proposed rulings and briefs), and the rulings thereupon shall be deemed confidential. As such, all parties hereto agree to maintain all such information as confidential utilizing at least as great a standard of care as they utilize for confidential information in their own businesses. The arbitrator shall have the authority to impose sanctions for violation of this provision.
 
9. GENERAL PROVISIONS.

ComplianceEase may modify these Terms of Use at any time with or without notice to you by updating this posting. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms. You can determine whether these Terms have been updated since you last reviewed it by checking the “Last Updated On” date at the top of these Terms of Use. ComplianceEase’s failure to insist upon strict enforcement of any provision in these Terms of Use shall not be construed as a waiver of any provision or right. The laws of the State of California, without reference to its laws on choice of law, govern the validity, construction, performance, and enforcement of these Terms Of Use.
 

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