Terms and Conditions
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IMPORTANT—READ CAREFULLY: This Online End-User License Agreement ("OEULA") is a legal agreement between you (either as an individual or entity, referred to as either “the End User” or “you”) and RPS for the Online Training Content and Software (hereinafter referred to collectively as the “Services”) that accompanies this OEULA. An amendment or addendum to this OEULA may accompany the Services. YOU AGREE TO BE BOUND BY THE TERMS OF THIS OEULA BY INSTALLING, COPYING, OR USING THE SERVICES. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SERVICES.

1. GRANT OF LICENSE. RPS grants you the following rights provided that you comply with all terms and conditions of this OEULA:

1.1 Installation and use. This is a non-exclusive, non-transferable license to use the online and machine executable RPS Services for the internal purposes of the End User. The End User acknowledges and agrees that the RPS Services are the property of RPS and that this Agreement grants the End User no title or rights of ownership in the RPS Services or any right to use or copy (except for use by the End User), to transfer or disclose, or to disassemble or reverse engineer, all or any portion of the RPS Services.

2. Limitations on Use. The End User shall not use or duplicate the RPS Services (including the Documentation) for any purpose other than as specified in this Agreement, or make the RPS Services available to unauthorized third parties. The End User shall not (i) rent, sell, lease, or lend, electronically distribute, time-share, or market the RPS Services by interactive cable or remote processing services or otherwise distribute the RPS Services other than as specified in this Agreement; (ii) cause or permit the reverse engineering, disassembly, or de-compilation of the RPS Services; or (iii) cause or permit the sample data to be distributed to a third party.

3. Payment. For access to and use of the Services, you agree to pay the full amount set forth in RPS’s Fee Schedule. You hereby acknowledge and agree that the course fee is payable in advance and will be charged whether you use the Services or not.

4. RESERVATION OF RIGHTS AND OWNERSHIP. RPS reserves all rights not expressly granted to you in this OEULA. The Services are protected by copyright and other intellectual property laws and treaties. RPS owns the title, copyright, and other intellectual property rights in the Services. The Services are licensed, not sold. This OEULA does not grant you any rights to trademarks or service marks of RPS.

5. Warranty and Remedy. THE RPS SERVICES ARE INTENDED FOR USE BY QUALIFIED USERS WHO WILL EXERCISE SOUND JUDGMENT AND EXPERTISE IN CONNECTION WITH THEIR USE OF THE RPS SERVICES. THE EFFECTIVE OPERATION OF THE RPS SERVICES DEPENDS, AMONG OTHER THINGS, UPON THE ACCURACY OF DATA INTRODUCED BY USERS OR MADE AVAILABLE BY THIRD PARTIES. TO THE EXTENT THAT THE RPS SERVICES INCLUDES DATA PROVIDED BY RPS, SUCH DATA MAY BE FROM SOURCES THAT RPS BELIEVES TO BE RELIABLE, BUT RPS CANNOT BE RESPONSIBLE FOR INACCURATE OR INCOMPLETE DATA.

RPS DOES NOT GUARANTEE PASSAGE OF THE TRAINNG COURSE ASSOCIATED WITH THIS OEULA. RPS DOES NOT GUARANTEE OR IMPLY AN OFFER OF EMPLOYMENT WITH RPS OR ANY OTHER ASSOCIATED ORGANIZATION.

THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, THE SERVICES, OR ANY SERVICES OR GOODS PROVIDED BY RPS TO THE END USER IN CONNECTION WITH THE RPS SERVICES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Liability. Under no circumstances shall RPS be liable for any loss, cost, expense, or damage to the End User.

6.1. RPS shall not be liable for any indirect, incidental, punitive, exemplary, special, or consequential damages of any kind whatsoever, including but not limited to, any such damages sustained as a result of: any breach of warranty of this Agreement; any act or failure to act relating to this Agreement or the RPS Services; or any claim made against the End User by any other party, even if RPS has been advised of the claim or potential claim.

7. Copyrights. RPS owns the copyright in the RPS Services. The End User agrees not to remove or destroy any copyright or proprietary markings or legends placed upon or contained in the RPS Services and to include all such markings on all copies of any Services, Documentation, or promotional material as may be made by the End User.

8. Termination. Without prejudice to any other rights, RPS may terminate this OEULA if you fail to comply with the terms and conditions of this OEULA. In such event, you must destroy all copies of the Services and all of its component parts. Upon the termination of this Agreement, the license and all rights granted to the End User hereunder shall immediately cease.

9. Trademarks. The End User shall not market the RPS Services. RPS shall not have any liability to you for any claims made by third parties relating to your improper use of any of RPS Group’s trademark(s).

10. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas.

11. Entire Agreement. This Agreement supersedes all proposals, oral or written, and all prior negotiations, conversations, and discussions between the parties related to the subject of this Agreement. The End User acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained or specifically referred to herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance with the terms and conditions of any purchase order or other instrument submitted by the End User.

12. Changes. This Agreement may not be modified, amended, canceled or waived, in whole or in part, except by written amendment signed by the parties hereto. THE END USER ACKNOWLEDGES THAT END USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE LEGALLY BOUND BY IT.

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