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Terms and Conditions for EMS1 Academy and Online Training Library

Please carefully read the following terms before using or accessing the Learning Management System or any other services of the EMS1 Academy (the “Academy”). By accessing the Learning Management System or using any other services of the Academy, you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the Learning Management System or use the other services of the Academy. These terms and conditions are in addition to and supplement Lexipol’s General Terms and Conditions.

1. Definitions

The following definitions apply to these Supplemental Terms and Conditions:

  • “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications (and including the General Terms and Conditions).
  • “EMS1 Academy” refers to the site or website owned by The Praetorian Group, a California corporation, including its parents, subsidiaries, affiliates, successors and assigns.
  • “Website” or “Site” collectively refers to and the subcomponents of the site.
  • “Learning Management System” or “LMS” means the subscription-based database of audio-visual works that is available through the site and is part of the site.
  • “Subscriber” refers to any person or entity that purchases or uses a subscription to the Learning Management System and may be a multi-user subscriber or single-user subscriber.
  • “Multi-User Subscriber” refers to a subscriber who purchases a subscription to the Learning Management System for multiple users.
  • “Single-User Subscriber” refers to a subscriber who purchases a subscription to the Learning Management System for one (1) user.
  • “Educator” means a teacher at an accredited K-12 school, college or university. An educator is also a subscriber.
  • “User” refers to any party who accesses the site. If you are accessing the site as an employee or agent of another, “user” refers to you and your principal.
  • “You” or “Your” refers to the user. If you are accessing the site as an employee or agent of another, “You” or “Your” refers to the user and the user’s principal.
  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the site.
  • “Content” means the premium content and the standard content.
  • “Exercise Files” refers to the exercise files prepared by the authors for use with the training videos and other media.
  • “Premium Content” means the training videos and other media available on the LMS, including the Exercise Files.
  • “Standard Content” means the training videos and other media available on the LMS, excluding the Exercise Files.

2. Limited License

EMS1 Academy hereby grants each subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the LMS according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these terms. Each multi-user subscriber may only allow its employees and agents to access the LMS. If the multi-user subscriber’s license terminates, the multi-user subscriber’s employees and agents shall no longer have access to the LMS. Each multi-user subscriber agrees the LMS may not be accessed by more than the authorized number of users purchased by the multi-user subscriber. Each user shall be authorized to access the LMS from any internet connection. A multi-user subscriber administrator selected by the subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the user accounts. You acknowledge and agree that EMS1 Academy is the sole and exclusive owner of all content and all legal rights therein. You shall not copy, modify, create derivative works from, decompile or reverse engineer content. EMS1 Academy shall be the owner of all modifications made to or derivative works created from the content.

3. Access to the OTL; Modification of Content

EMS1 Academy strives to provide the LMS to its subscribers on a continuous basis. However, from time to time, subscribers may be unable to access the LMS due to conditions beyond EMS1 Academy’s control. Such conditions include, but are not limited to force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system and other related reasons. You acknowledge and agree EMS1 Academy shall have no liability for any damages resulting from any interruption in service. EMS1 Academy reserves the right, in its sole discretion, to change, modify or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site. Users are solely responsible for ensuring they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the site.

4. Prohibited Conduct

Each user expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct.”

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication or other item or process to the site that in any way affects the use, enjoyment or service of the site or adversely affects EMS1 Academy’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these terms.
  • Permit or provide others access to the LMS using your username and password or otherwise, or the name and password of another authorized user.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code or other content available on the site.
  • Remove or modify any copyright, trademark, legal notices or other proprietary notations from the content available on the site.
  • Transfer the site content to another person; “frame,” “mirror,” “in-line link” or employ similar navigational technology to the site content; or “deep link” to the site or content, or rent or provide third-party access to the site or content in any way.
  • Violate or attempt to violate EMS1 Academy’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the site or corrupt the site in any way.
  • Engage in any other conduct which violates the copyright act or other laws of the United States or any state or other jurisdiction.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the site or EMS1 Academy.
  • Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by EMS1 Academy.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the site.
  • Provide any commercial hosting service with access to the site and/or the content on the site. To ensure users of the site do not engage in prohibited conduct, EMS1 Academy reserves the right to monitor use of the site and reserves the right to revoke or deny access to the LMS to any person or entity whose use of the LMS suggests prohibited conduct. Access of the materials available at the LMS beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the LMS and will result in revocation or denial of access to the LMS. The terms “normal patterns” and “abuse” shall be determined solely by EMS1 Academy. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

5. Limited Warranties

EMS1 Academy provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site. EMS1 Academy warrants that media containing software (“software”), if provided by EMS1 Academy, is free from material defects on the date the user acquired the software. EMS1 Academy’s sole liability for any breach of this warranty shall be, in its sole and absolute discretion: (a) to replace the defective media or software; (b) to advise the user how to achieve substantially the same functionality with the software as described; or (c) if the above remedies are impracticable, to refund the subscription fee paid for access to the LMS. The user must inform EMS1 Academy of any problem with the software within thirty (30) calendar days of discovering the problem or EMS1 Academy will not be obligated to honor this warranty. EMS1 Academy will use commercially reasonable efforts to repair, replace or refund the software pursuant to the foregoing warranty within thirty (30) calendar days of being so notified. If any modifications are made to the software by the user during the warranty period; if the medium or software is subjected to accident, abuse or improper use; or if the user violates the terms of this agreement, then this warranty shall immediately terminate. This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described. Although EMS1 Academy has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

6. Disclaimers and Limitation of Liability

Each user accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in section 9), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. EMS1 Academy does not warrant any particular result from use of the software or site. EMS1 Academy does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall EMS1 Academy or any of its affiliates, agents, employees, shareholders, directors, officers, third-party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount EMS1 Academy received from the subscriber for a subscription to access the LMS, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will EMS1 Academy be liable for any damages in excess of the amount EMS1 Academy received from the subscriber for a subscription to access the LMS, even if EMS1 Academy shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of EMS1 Academy, computer virus or other similar item, telecommunications errors or unauthorized access to or use of user information through theft or any other means. EMS1 Academy is not liable for criminal, tortious or negligent actions or omissions of third parties that affect this site. No dealer, agent or employee of EMS1 Academy is authorized to make any modifications, extension or additions to these limited warranties or disclaimers. EMS1 Academy disclaims all warranties and shall have no liability for damages in excess of the amount EMS1 Academy received from the subscriber, arising from or related to any support services for your use of the site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

7. Third Party Content; Hyperlinks

You acknowledge EMS1 Academy does not pre-screen third-party materials. EMS1 Academy is not the publisher or author of any information on the site that is provided by third-party content providers and EMS1 Academy is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and EMS1 Academy’s use of the content constitutes neither an endorsement nor a recommendation by EMS1 Academy of the content. EMS1 Academy assumes no responsibility for third-party products or services. EMS1 Academy may contain links and references to other third-party websites and materials. EMS1 Academy does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of users. EMS1 Academy does not endorse or otherwise recommend any of these third-party websites, references or the products, services or information there offered. EMS1 Academy may disable any hyperlink to the site. EMS1 Academy has the right but not obligation to monitor third-party websites and hyperlinks to the site. EMS1 Academy makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, EMS1 Academy does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

8. Copyrights, Trademarks and Other Proprietary Rights

EMS1 Academy or its third-party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code, HTML code, the “look and feel” of the site, its color combinations, layout, all graphical elements and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked or otherwise protected and owned or licensed by EMS1 Academy. Except as expressly stated on the site or in these terms, nothing you read or see on the site or in the LMS may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of EMS1 Academy, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of EMS1 Academy’s intellectual property except as set forth in Section 4. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to EMS1 Academy, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

9. Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the site. EMS1 Academy has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. EMS1 Academy may suspend your access while it conducts an investigation. Users are required to enter a username and password to access the LMS. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your username and password. You represent and warrant that you are the person on whose behalf you claim to accept these terms or if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms. You may not use the account, username or password of someone else at any time. You agree to notify EMS1 Academy immediately of any unauthorized use or loss of your account, username, password and/or credit card information. You also agree to notify EMS1 Academy immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. EMS1 Academy will not be liable for any loss you incur as a result of someone else using your username and password with or without your knowledge. You may be held liable for any losses incurred by EMS1 Academy, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, username or password. EMS1 Academy will never ask you for your password. If you need a new username and/or password, EMS1 Academy will generate a new username and password automatically and send it to your e-mail.

Revised: October 22, 2021

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