Effective Date: 5/9/2017
If you do not agree to these Terms, immediately discontinue use of the App and delete it from your mobile device.
The App is a companion product to the Company’s ReaLifeSim® and VetReaLifeSim® training products that allows students to record their skills practice.
The parties to these Terms are you, as a student end user, and the Company. All references to “we,” “us,” or “our will be construed to mean the Company. Your access and use of the App constitutes your agreement to be legally bound by these Terms and establishes a contractual relationship between you and the Company.
Skills Practice Data Recording; Copyright; Storage
a. You agree to assign the copyright and all other associated intellectual property rights to your skills practice data recording including both the audio portion and its associated metadata (collectively referred to as the “Recording”) to the Company.
b. The Company does not guarantee that your Recording will always be available.
c. The Company may purge older audio portions of your Recordings beyond one gigabyte (1 GB) of storage while retaining the metadata needed for analytics.
d. Despite any other provision of these Terms, at any time, with or without notice and with or without cause, for any reason or no reason, the Company reserves the right to terminate access to your account.
You are expressly prohibited from the following:
a. Taking any action that will cause an unreasonable burden on the Company’s infrastructure;
b. Attempting to access or navigate the content through any manner other than the App;
c. Reverse engineering, disassembling, modifying, adapting, or otherwise attempting to derive the source code, algorithms, or other trade secrets of the Company;
d. Attempting to exploit any possible vulnerability in the App or overloading, “flooding,” “spamming,” “crashing,” or otherwise attempting to interfere with the Company’s service to others;
e. Attempting to inject a virus, worm, or other malware into the App.
This list of prohibitions is not exhaustive. At any time, with or without notice and with or without cause, for any reason or no reason, if the Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, the Company reserves the right to terminate access to your account.
The Company will investigate actions that may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
Third-party software components
The App may contain third-party software components that requires notices and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from the Company and are made part of and incorporated by reference into these Terms. By using the App, you are also accepting the additional terms and conditions, if any, required by these third-party component notices and terms and conditions.
The material provided in the App is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the App. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.
You shall not copy or adapt any computer code that the Company creates for the generation or display of the App; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute, or otherwise use the content generated by the App for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of the Company’s property, or that otherwise infringes the Company’s intellectual property rights.
Availability of the Services Provided by the App
Although it is the Company’s intention for the services provided by the App (the “Services”) to be available as much as possible, there will be occasions when the Services may be interrupted, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Company will not be liable to you for any modification, suspension, discontinuation of Services, or lack of access to your skills practice data. In addition, the Company assumes no liability for, or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the App.
Warranties and disclaimers
The App is provided “as-is,” and the Company does not make any representation or warranty with respect to the services provided by the App. The Company disclaims any implied warranties, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. In addition, the Company does not represent or warrant that: (i) the App will be secure, timely, uninterrupted, or error free; (ii) the App will meet your requirements or expectations; (iii) the results that may be obtained through the use of the App will be effective, accurate, or reliable; (iv) the quality of the App or service provided by the App will meet your expectations; (v) the App will be error- or virus-free; or (vi) any errors in the App will be corrected.
These disclaimers form an essential part of these Terms. No use of the App is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the App, inaccuracy, error, or omission, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the App will be limited to a maximum amount of $1,000.00.
You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the App, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Jacksonville, Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
The courts of Duval County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
These Terms will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
The Company will not be liable for damages or any delay or failure of the App arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User submissions to the Company
The Company welcomes your feedback with regard to the App. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.