- We provide a user learning management system made available via our website at subdomains of 420RiskManagement.com (website), which enables you to access utilize this learning management system if you are a subscriber.
- We can change these terms at any time with or without notification to users. You cannot change these terms except with our prior written consent.
What you get
- You become a registered user by subscribing to Library or other training made available by this learning management system. You are responsible for managing subscriptions and reaching out to our help desk services with any questions.
- You must only this training for lawful purposes, in accordance with these terms and any notice sent by us or condition posted on the website.
- Our content providers include what is intended and believed to be the most current and accurate information available. We do not guarantee data and it is the responsibility of users to verify or confirm information.
What does it cost you?
- Cost is dependent upon and determined Library access or training access or the cost of other services or products you select.
- Once you have agreed on a plan with us, you need to pay us the monthly or annual fee for that plan (and any other taxes or duties) as set out in the fee schedule on our website.
- Unless otherwise agreed with us in writing, we bill you in advance. You agree that you will pay all charges to your account at any time for the length of your subscription. You can't withhold payment or claim any set-off without getting our written agreement.
- If at any time you do not make a payment to us when scheduled or payment methods decline (such as credit card payments) we can choose to (this doesn’t affect any other rights we may have against you):
- make you pay, on demand, default interest on any amount you owe us at the greater of 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you or lesser maximum permitted under applicable law. You will also need to pay all expenses and costs (including our legal costs) in connection with us trying to recover any unpaid amount from you; and/or
- suspend or terminate your use of the service.
What you need to do
- You need to:
- make sure you always give us your correct contact and billing details, particularly if these change;
- follow these terms, the website terms and other agreements you have with us;
- make sure that you comply with all laws, regulations, ordinances and other rules that relate to your use of the website, the service and any courses you develop.
- You remain solely responsible for complying with all applicable educational obligations, training requirements and other laws as it pertains to your own facility compliance training and implementation.
What we don’t let you do
- You can’t:
- assign or transfer any rights you have under these terms to any other person without getting our written agreement;
- do anything that would damage or disrupt our website or a service or anyone else’s use of our website or a service;
- use our website or a service, including, without limitation, any communication tools available through the website such as Skype, any forum, chat room or message centre:
- to download or upload 420 Risk Management material or data in violation of any law (including to breach copyright or other intellectual property rights held by us or anyone else which you do not have the right to use);
- to publish, post, upload or distribute unsuitable, offensive, obscene or discriminatory information of any kind;
- for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;
- to upload anything or otherwise introduce any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system;
- for using any software or device which may hinder the services (like mail bombs, war dialing, pinging, etc.);
- to attempt to gain unauthorized access to any services other than those to which you have been given express permission to access; or
- for using a false identity to try to trick anyone for any reason or access information for which you are not an authorized and subscribed user or member.
Termination and Returns
- For monthly customers, you may terminate your access to the website and services with 30 days’ notice by making appropriate changes/updates pertaining to subscription through your user Dashboard. If necessary, our customer service HelpDesk is available for assistance.
- Uncured Breach. Either you or we may terminate these terms if the other one of us breaches these terms and does not cure such breach within thirty days of receiving a termination for breach notice. In such circumstances you acknowledge that we may delete your data after termination.
- Training and materials are only accessible by subscribed users and there are no materials available to return. Access and permissions to training materials is strictly available to subscribers. Subscription is at will and may be changed, updated, or cancelled by the subscriber. A 30 day notice is required for cancellations and therefore, if a facility cancels subscription services in one month, they will be charged for the following month but not again thereafter unless they should re-subscribe. Refunds are not granted for previous months subscription as this learning management system is designed and intended to be accessible 24/7. In the event a user believes a refund is due, the said user must contact HelpDesk with this request. Any refund granted will be determined on a case-by-case basis and will be up to the discretion of 420 Risk Management administrators.
- When you make any communication on the website, you represent that you are permitted to make such communication. We are under no obligation to ensure that the communications on the website are legitimate or that they are related only to the use of the services. You agree to indemnify and defend us from any claims, demands or lawsuits of any kind arising from your communications on the website.
- As with any other web-based forum, you must exercise caution when using the communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time.
- WE DON’T GIVE YOU ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE AS THEY ARE PROVIDED “AS IS”. TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT.
- We will try to give you access to our website all the time but we do not make any promises or provide you with a warranty that our website or the services will be without any faults or interruptions; be secure or private or that it won’t have any viruses or other similar things.
- Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place. If for any reason we have to interrupt the services for longer periods than we would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the website.
- Information on our website will change regularly. We will try to keep our website up to date and correct but again we do not make any promises or guarantees about the accuracy of the information on our website.
- We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
- We also aren’t legally responsible for:
- any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
- devices or equipment that we do not own or have not given you;
- if you do not follow our instructions or these terms or the website terms;
- any actions or non-actions or other people which disrupts access to our website including the trainees;
- the content of other people’s websites even if a link to their website is included on our website (we just include the links for convenience to you).
- You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction do not apply to the supply of the services, the website or these terms.
- You agree not to do or omit to do anything which gives rise to any liability on your part or our part under any legislation or omit to do anything which would avoid that liability. This includes not making any representation or giving any guarantee, warranty or other undertaking to anyone including your trainees in relation to the services unless that representation, guarantee, warranty or undertaking is supplied by us.
Limitation of liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) ARE NOT LIABLE (UNDER ANY LEGAL THEORY) FOR DAMAGES OR OTHER AMOUNTS THAT EXCEED THE SUM OF YOUR MONTHLY ACCESS FEE PAID BY YOU FOR THE PREVIOUS 6 MONTHS, AND WE ARE NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE. THE FOREGOING LIMITATONS OF LIABILITY AND DISCLAIMERS OF DAMAGES WILL NOT APPLY TO OUR LIABILITY FOR BODILY INJURTY, DEATH, OR PHYSICAL DAMAGE TO YOUR TANGIBLE PERSONAL PROPERTY ATTRIBUTABLE TO OUR MALICIOUS MISCONDUCT OR GROSS NEGLIGENCE. YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR SOLICITOR’S COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WITHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE ARISING FROM YOUR, OR ANY OF YOUR TRAINEE’S, BREACH OF ANY OF THESE TERMS OR ANY OBLIGATIONS THAT YOU OR THEY MAY HAVE TO US.
- If you are not satisfied with the services, then your sole and exclusive remedy is to terminate these terms, in accordance with the Termination section.
- We own or have the right to use the copyright, trademarks, design rights, moral rights, software and other similar rights (intellectual property rights) with respect to our website, the service, or the content licensed to you from Litmos, or content of a third party provider supplied to you by Litmos, (content) (our IP). You can’t reproduce any of the content on our website, nor make derivative works of our IP, without getting our express permission in writing. You do not have any rights to our IP except granted under these terms or any other agreement you have with us.
- You are not allowed to, and you can’t let anyone else, copy, alter, distribute, display, license, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our IP without getting our permission first in writing, unless in order to use our website the way you are supposed to use it you need to copy, reproduce or use the IP.
- You must tell us immediately if you think someone has infringed our IP, or someone has threatened to or you suspect someone might. You also need to tell us as soon as you become aware that someone claims any use of our website infringes the rights of anyone else. If this happens you will need to do everything we ask you to reasonably do (we will pay for your costs) to help us pursue or defend any associated proceedings.
We keep all of the personal information and your data that we collect confidential to the same extent as our confidential information, and in compliance with all applicable laws (this includes your contact details). However you will no doubt understand that we cannot guarantee the security of any transmission.
- You must not disclose or make our confidential information available to any person, or use the same for your own benefit, other than as contemplated by these terms.
- You can contact us by writing to info@420RM.com or to any other email address notified by email to you by us. If we need to contact you, we will email the email address you gave us when you set up our access to the services.
No Rights of Third Parties
- A person who is not a party to these terms, including a trainee, has no right to benefit under, nor to enforce any, term of these terms.
- These terms and our relationship are governed by law of the State of Colorado. In any litigation, the prevailing party shall be reimbursed reasonable court costs and attorneys’ fees.