R2 Simulation Technologies' Terms of ServiceEffective June 14, 2013
By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by R2 Simulation Technologies, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your deepwatersim.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with running the Deepwater Business Ethics Simulation. You must immediately notify R2 Simulation Technologies of any unauthorized uses of your account or any other breaches of security. R2 Simulation Technologies will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must provide accurate, current, and complete information about You as may be prompted by a registration form on the Website and you must keep this information accurate, current and complete.
You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be R2 Simulation Technologies or someone else, or spoof R2 Simulation Technologies' or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
R2 Simulation Technologies will attempt to deliver all of the e-mail that is addressed to your e-mail address on R2 Simulation Technologies' Services. However, the nature of e-mail is such that R2 Simulation Technologies cannot guarantee delivery of such e-mail.
Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (collectively, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by R2 Simulation Technologies or otherwise.
By submitting Content to R2 Simulation Technologies for inclusion on the Website, you grant R2 Simulation Technologies a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website and R2 Simulation Technologies. If you delete Content, R2 Simulation Technologies will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, R2 Simulation Technologies has the right (though not the obligation) to, at R2 Simulation Technologies' sole discretion (i) refuse or remove any Content that, in R2 Simulation Technologies' reasonable opinion, violates any R2 Simulation Technologies policy or is in any way harmful or objectionable, (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in R2 Simulation Technologies' sole discretion, or (iii) report any Content submitted through the Website, including personally identifiable information, to instructors and teammates of your Industry and managed Company, at R2 Simulation Technologies' sole discretion. R2 Simulation Technologies will have no obligation to provide a refund of any amounts previously paid.
Payment and Account Use
- General Terms. Access to certain portions of the Website ("Student Access") requires a paid subscription. By creating a Student Access account you agree to pay R2 Simulation Technologies the subscription fees indicated for that service. Fees will be charged on a pre-pay basis and will cover the use of that service from the day you pay until the course you are enrolled in is over.
- Permitted Use. To use the service, you must create an account. Account sharing of any kind is strictly forbidden.
- Restricted Use. You may not use deepwatersim.com to substantially replicate products or services offered by R2 Simulation Technologies, including the republication of the Website content. If R2 Simulation Technologies believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Website may be temporarily or permanently revoked, with or without notice.
Responsibility of Website Visitors
R2 Simulation Technologies has not reviewed, and cannot review, all of the Content posted to the Website by users of the Website and cannot therefore be responsible for that material's content, use or effects. By operating the Website, R2 Simulation Technologies does not represent or imply that it endorses the material posted there by users, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material posted by users that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. R2 Simulation Technologies disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which deepwatersim.com links, and that link to deepwatersim.com. R2 Simulation Technologies does not have any control over those non-R2 Simulation Technologies websites and webpages, and is not responsible for their contents or their use. By linking to a non-R2 Simulation Technologies website or webpage, R2 Simulation Technologies does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. R2 Simulation Technologies disclaims any responsibility for any harm resulting from your use of non-R2 Simulation Technologies websites and webpages.
Copyright Infringement and DMCA Policy
As R2 Simulation Technologies asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by deepwatersim.com violates your copyright, you are encouraged to notify R2 Simulation Technologies in accordance with R2 Simulation Technologies' Digital Millennium Copyright Act ("DMCA") Policy. R2 Simulation Technologies will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. R2 Simulation Technologies will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of R2 Simulation Technologies or others. In the case of such termination, R2 Simulation Technologies will have no obligation to provide a refund of any amounts previously paid to R2 Simulation Technologies.
This Agreement does not transfer from R2 Simulation Technologies to you any R2 Simulation Technologies' or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with R2 Simulation Technologies. R2 Simulation Technologies, the Deepwater Business Ethics Simulation, deepwatersim.com and all other trademarks, service marks, graphics and logos used in connection with deepwatersim.com or the Website are trademarks or registered trademarks of R2 Simulation Technologies or R2 Simulation Technologies' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any R2 Simulation Technologies' or third-party trademarks.
R2 Simulation Technologies reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. R2 Simulation Technologies may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
R2 Simulation Technologies may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your deepwatersim.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". R2 Simulation Technologies and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither R2 Simulation Technologies nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will R2 Simulation Technologies, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to R2 Simulation Technologies under this agreement during the twelve (12) month period prior to the cause of action. R2 Simulation Technologies shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless R2 Simulation Technologies, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between R2 Simulation Technologies and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of R2 Simulation Technologies, or by the posting by R2 Simulation Technologies of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Connecticut, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Haven county, Connecticut. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration. The arbitration shall take place in New Haven county, Connecticut, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; R2 Simulation Technologies may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.