Terms of Service and Privacy Policy

PREFACE


The website learning.nextwavesafety.org, along with any other similar site that leads to the exact same content as learning.nextwavesafety.org (collectively, the “Website”), which provides safety information services, education, and training, including but not limited to educational modules and programs (the “Products and Services”), was created, and is owned and operated by, NextWave Safety Solutions, Inc., a Delaware corporation with an address at 11 Hanover Square, 15th Floor, New York, NY 10005 (the “Company,” “we,” “us,” or “our”).


As used in these Terms of Service, the words “you” and “your” mean each person who accesses the Website in any capacity. 

 

GENERAL TERMS 

By accessing the Website, you are agreeing to be bound by these Terms of Service and to comply with all applicable laws and regulations (whether federal, state, local, or otherwise).  If you do not agree with any of these terms, you are prohibited from using or accessing the Website. The materials contained in this Website are protected by applicable copyright, trademark, and trade-secret law. 

The Website is a provider of information and learning through the educational programs offered by the Company.  By purchasing any educational module or program from the Website, you can be educated through the posted material, study the material, and complete all development exercises and assessments relating to such material.  After meeting success rate requirements for each module or program, you will be issued a Certificate of Completion and/or other applicable credentials.  In each case, you are obligated to complete all of the material within the specified time period of the training program to receive the Certificate or Completion and/or other applicable credentials.

USE LICENSE 

a.         Permission is granted to temporarily download one copy of the materials (information or software) from the Website for personal, non-commercial, transitory viewing only. This is the grant of a nonexclusive, nontransferable license, not a transfer of title, and under this license you may not: 

  1. modify or copy the materials;
  2. use the materials for any commercial purpose;
  3. publicly display the materials (whether in a commercial or non-commercial context);
  4. attempt to decompile or reverse engineer any software contained on, in, or within the Website;
  5. remove any copyright or other proprietary notations from the materials; transfer the materials to another person; or “mirror” the materials on any other server. 

b.         This license shall automatically terminate if you violate any of these restrictions, and may also be terminated by the Company at any time in its sole and absolute discretion.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

REGISTRATION

a.         To use certain Products and Services, you will need to register and obtain an account, username, and password (collectively, Your “Account”). When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your Account and all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times. You must notify us (i) immediately of any unauthorized use of Your Account and/or any other breach of security, and (i) ensure that you properly exit from your Account at the end of each use of the Products and Services. To the fullest extent permissible under applicable law, we are not and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirement or as a result of the use of your Account (either with or without the your knowledge), prior to the time that you notify us in writing of unauthorized access to said Account.

b.         You may not transfer your Account to any other person, let another person use or your Account, or use another person’s Account, at any time.

PROVISION OF PRODUCTS AND SERVICES


a.         We may provide some or all of the Products and Services through third parties, partner companies, and associates.  You accept and agree to these arrangements.

b.         We are constantly  innovating in order to offer the best possible experience to users of the Website.  You accept and agree that the type and nature of the Products and Services provided by the Website may be modified or even discontinued without prior notice to you.

c.         You agree that if you are denied access to your Account, you will not be allowed to access the Products and Services, your Account information, or any files or other content contained in your Account.

USE OF THE PRODUCTS AND SERVICES

a.         In order to access certain Products and Services, we may request personal information (such as identity or contact details) as part of the registration process or as part of the continued use of such Products and Services.  You accept and agree that any registration information provided on the Website will always be accurate, correct, and up to date.

b.         You agree that you may not use or enter, nor attempt to use or enter, any of the Products and Services by any means other than the interface/communication environment provided by the Website.

c.         You agree that you will not engage in any activity that interferes with the Products and Services or disrupts the Products and Services or the servers and networks connected or otherwise relating to the Website.

d.         You agree not to reproduce, copy, sell, market, and/or resell the Products and Services for any purpose.   You are not allowed to grant third-party access to the Products and Services that you haves purchased, nor are you allowed to download videos and pictures from the Website.

e.         You are fully liable for any breach by you of these Terms and Conditions, including any damages suffered by the Company and/or any third party.  You shall indemnify, defend, and hold harmless the Company and its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, and representatives (collectively, the “Company Parties,” and each, a “Company Party”) from and against any and all claims, causes of action, liabilities, judgments, damages, and costs (including but not limited to reasonable attorney’s fees and costs) incurred by any Company Party as a result of (i) your breach of these Terms and Conditions, and/or (ii) the actions of any person using your Account, whether authorized or unauthorized.

CONTENT OF SERVICES

a.         All information (such as data files, written text, computer software, music files, audio files or other sounds, photos, videos or other images) that you may access as part of or through your use of the Products and Services that comes from third-party providers is the responsibility of the person from whom the above content originates and not of the Website and/or the Company.  All of the above information is referred to below as the “Third-Party Content“.

b.         Third-Party Content presented to you as part of the Products and Services, including indicative ads on the Products and Services and Third-Party Content sponsors within the Products and Services may be protected by copyright owned by sponsors or advertisers who provide the above Third-Party Content on the Website or elsewhere persons or companies on their behalf.  Modification, rental, lending, sale, distribution, or creation of derivative works based on the above Third-party Content (in whole or in part) is not permitted unless specifically permitted by the beneficiary by separate agreement.

 c.        The Website is entitled to use cookies for recognition by you of certain services and pages.  Cookies are small text files that are stored on your computer while browsing the Website.

TERMINATION OF YOUR RELATIONSHIP WITH THE WEBSITE

Either you or we may terminate your Account, and ability to use the Website, at any time, for any reason or for no reason.  These Terms and Conditions of Use will continue to remain  in force after the expiration or termination of your subscription for any reason .

DISCLAIMER 

a.         The materials on the Website are provided on an ‘as is’ basis. The Company Parties  make no representations or warranties, whether expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

b.         Further, the Company Parties do not warrant or make any representations or warranties concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website. 

LIMITATIONS 

In no event shall the Company Parties be liable for any damages (including, without limitation, damages for lost profit, loss of date, or business interruption) arising out of the use or inability to use all or any part of the Website, even if any of the Company Parties has been notified orally or in writing of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

ACCURACY OF MATERIALS 

The materials appearing on the Website could include technical, typographical, or photographic errors.  We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice, but in no event are we required to update the materials on the Website.. 

LINKS 

We have not reviewed all of the sites linked to the Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site.  Use of any such linked website is at your own risk. 

MODIFICATIONS 

We may revise these Terms of Service at any time without notice to you.  By using the Website, you are agreeing to be bound by the then current version of these Terms of Service. 

GOVERNING LAW; JURISDICTION, WAIVER OF JURY TRIAL

These terms and conditions are governed by and construed in accordance with the laws of the State of New York (USA), and you irrevocably submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.  You hereby waive your right to a trial by jury in any legal proceeding relating in any way to these Terms of Service, the Website, and/or any of the Products and Services.

MISCELLANEOUS

a.         The unenforceability of any of these Terms of Service shall not affect the enforceability of the remainder of these Terms of Service. 

b.         You agree that you may not bring any claim against the Company other than in your individual capacity.  This means that you are waiving your right to bring a claim against the Company as a plaintiff or class member in any purported class or representative action.

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