Terms and Conditions
The following are the terms and conditions for the use of Required Training Solutions’ online e-learning solution requiredtrainingsolutions.com and all linked dependencies (herein referred to as the “Solution”). Our online e-learning solution is a service provided by Cogent Investments, Inc., doing business as Required Training Solutions (“RTS”, “requiredtrainingsolutions.com”), California Required Training Solutions (“CalReq,” “calreq.com”, “CRTS”), Illinois Required Training Solutions (“Ilreq,” “illinoisreq.com”), InteServ Solutions (“InteServ”) and other DBAs as such may exist from time to time (collectively, “the Solution,” “we,” “our” or “us”). Please read these terms carefully. BY CLICKING ANY BUTTON MARKED “I ACCEPT”, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT, YOU ARE LOGGED IN AS YOURSELF, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS of these terms of service (“TOC” or “Agreement”). The service is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein.
Minimum Legal Age to Use the Solution
You must be fourteen (14) years of age or older to take a training offered by RTS. You must be eighteen (18) years of age or older to purchase courses for others.
RTS operates secure data networks that are designed to protect your privacy and security. Our e-commerce partners (WooCommerce, Stripe) have their own Security and Privacy Issues documents which can be found on their websites. We do not store any sensitive information such as credit card numbers within the Solution. Credit card numbers are stored on our payment processor’s server encrypted at rest with AES-256. This service is PCI compliant, audited and certified to PCI Service Provider Level 1.
Users are responsible for creating strong passwords, protecting their passwords at all times, and for not sharing their password or allowing another to use their account. Weaker passwords may be targeted by hackers which is not within RTS’ control.
Backups and Client Responsibility for Document Retention
RTS takes every effort to ensure that data is backed up and that student records can be successfully restored in the case of a data interruption. However, RTS cannot guarantee that all records are retained indefinitely, nor that availability can be immediately restored in the event of an extreme catastrophic event (such as wildfires, earthquakes, severe storms and so on). Thus, we are not liable for the loss of data. While we will do our best to work with you to retrieve as much data as possible should a data loss occur, all users should maintain offline copies of necessary documentation, including but not limited to student records and course completion certificates, as this data may become unavailable in future.
THE PRODUCTS, SITE, CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIAL MADE AVAILABLE THROUGH THE SOLUTION ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THESE TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT(S) PAID IN CONNECTION WITH THE COURSE(S) PRODUCT(S) AND/OR CREDIT(S) UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless RTS, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this section, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
*REVISED* Cancellations / Refunds
Your payment method will be charged at the time of purchase. Charges for all our courses will appear on your bill as REQUIRD TRAINING SOLNS. Please do not dispute a charge with your credit card company until you have contacted us first.
*REVISED CANCELLATION and REFUND POLICY 17JUN2022*
Due to changes in the law, in the legal environment, in the context of training, and driven by technology, our courses become outdated and need to be replaced. We will not knowingly offer a course with outdated or stale information. As a result, our cancellation policy has changed as follows:
While a course is actively being sold, paid courses or course credits that have not been accessed or utilized can be refunded in full. Contact email@example.com or call 800-806-4133 to request a refund. We pride ourselves on the timeliness with which we process these requests. Courses are normally active for one year in Illinois and two years in California and elsewhere.
After a course has been replaced with a newer version, paid courses or course credits that have not been accessed or utilized can only be exchanged for store credit, and only for the newest and most up-to-date version of a course on offer. These units will not be refunded.
Unchanged from the previous policy is the fact that courses that have been accessed, and course credits that have been utilized, are nonrefundable and not exchangeable.
Customers are advised to exercise caution in distributing access to paid courses to ensure that access to the appropriate course material is granted to the correct student. Customers are also advised to follow up with their students using the real-time reporting tools provided in order to ensure their students complete the training in a timely fashion.
Notwithstanding the above, RTS reserves the right to grant full or partial refunds at its sole discretion.
Should a customer’s payment fail or be revoked or rescinded at any time after purchase, the customer risks having in-progress student(s) denied access to unpaid course(s) and/or the revocation and disvalidation of certificate(s) resulting from any completed but unpaid training course(s). Should the same customer wish to purchase training again in future, the customer may be asked to make good on some portion, up to 100% of the unpaid balance prior to honoring a repeat order, at our discretion.
Right to Refuse Service
We maintain the right to refuse any customer access to our Solution, at any time, for any reason. We also maintain the right to discontinue the service of a customer for any reason, including, but not limited to:
- If payment fails, or if fraudulent credit card activity is detected;
- If a client allows, encourages, or fails to halt students sharing login credentials and/or taking courses for another person;
- If a client is rude, threatening, abusive, or makes working conditions unusually unpleasant for our staff;
- If a client abuses our email service, including sending unsolicited emails, using purchased email lists, including misleading email titles and/or not including an unsubscribe option required by the Can-Spam Act of 2003.
Customer and Student Restrictions
You must not purchase courses or use the Solution if you are a citizen, national, or resident of, or are under control of, the government of any of the countries on the United States Treasury Department’s Office of Foreign Asset Control (OFAC) Sanctions List where such use would violate a sanction, or of any other country to which the United States has prohibited export.
You must not purchase courses or use the Solution if you are listed on the U.S. Treasury Department’s Specially Designated Nationals And Blocked Persons List (SDN), the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S Department of Commerce’s Denied Persons List, Entity List, or Unverified List.
You must likewise not allow access to the Solution, including purchasing courses for others, who are citizen(s), national(s), or resident(s) of, or are under control of, the government(s) of any such country to which the United States has prohibited export or individual(s) who are on any of the restricted lists aforementioned.
Every time you use the Solution you represent, warrant and covenant that you are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export, and that you are not on any of the restricted lists aforementioned.
You will not download or otherwise export or re-export the Solution, directly or indirectly, to the above-mentioned countries nor to citizens, nationals or residents of those countries. You will not download or otherwise export or re-export the Solution, directly or indirectly, to individuals on any of the restricted lists aforementioned.
We do not put a limit on the total number of students you can enroll. However, the concurrent number of students (i.e. the number of users trying to use the Solution at the same time) experiencing reasonable Solution response times is not guaranteed as it depends on the usage of the overall server, resources, demand by other customers and other factors that can impact the performance. Generally, a concurrent student load of a few hundred students is a reasonable expectation. If you expect more concurrent students, please contact firstname.lastname@example.org so that additional steps can be taken.
SMS message / texting
Purchasers of the Solution are required to provide a telephone number at checkout. While SMS messaging/texting will not be the primary method of communication between the Solution and the customer, in instances where an individual initiates contact via SMS message/text, and/or verbal consent is given to communicate via SMS message/text, and/or where responsive sales or customer service contact by other means of communication fails (for example, emails bouncing back, platform Private Messaging function messages are not read, and so on), the Solution may reach out to the individual via SMS message/text. Regardless, any recipient contacted by the Solution via text may opt-out to receiving further SMS/text messages by responding STOP.
Avenue for Complaints about Privacy
If you have any complaints relating to online privacy issues on our website(s), please notify RTS by vising our contact page. While we accept no liability for any material or links posted to the contact page, we will investigate all complaints.
Proper Use of Solution
- You shall not use the Solution for spam under the definition of spam given at https://www.spamhaus.org/consumer/definition/.
- You shall not set up multiple accounts in order to send substantially similar content via the Solution.
- You shall not share your password.
- You shall not complete training logged in as another or on behalf of another.
- You shall not duplicate, copy, screenshot, export, or otherwise incorporate any of the Solution’s copyrighted material, including proprietary course curricula, except to download certificate(s) of completion or in the case of user experience screenshots captured to diagnose technical errors/issues.
Use of Student Reviews
From time to time our courses may solicit review feedback from registered students. We reserve the right to use or not use any provided rating(s) and/or text comment(s) in advertising and on the web site(s) of the Solution, with or without attribution, at our sole discretion. Regardless, if you have provided a review which we later use and you wish us to cease, please send us an email with your name, userID, order number and review details to email@example.com, or call us at 800-806-4133, to request that the review be removed from active use.
Not Legal Advice
While the Solution has been developed by experts qualified to provide employee training under applicable state law, nothing contained in the Solution, including on our website(s) or contained in our course(s), is specifically intended to constitute legal advice or serve as a substitute for counsel with expertise in employment law. To address specific needs in any particular industry, workplace or instance, RTS strongly advises consulting appropriately qualified counsel.
These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the State of California, United States and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Solution whether in contract or tort or otherwise the California courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.
Changes to Terms and Conditions
RTS may change these Terms and Conditions from time to time. Such amended terms and conditions shall be effective upon publication on this Website. By accessing and using the Solution and this Website you are accepting that you are bound by the current terms and conditions and disclaimer(s). Please check these Terms and Conditions regularly to ensure that you are aware of all terms governing your use of our Solution.
Please note that we have separate Privacy Policies prominently posted on our consumer-facing web sites. These policies are hereby incorporated by reference.
In the event of a dispute, the parties will attempt through good faith negotiation to resolve their disputes. The term “disputes” includes, without limitation, any disagreements between the parties concerning the existence, formation and interpretation of this Agreement. If the parties hereto are unable to resolve their disputes by negotiation, any controversy or claim between or among the parties relating to this Agreement and any claim based on or arising from an alleged tort, shall be, determined by arbitration. Either party may commence the arbitration by sending a written notice of arbitration to the other party. The arbitration shall be held in Los Angeles, California, by the American Arbitration Association or similar alternative dispute resolution agency, pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney or retired judge knowledgeable in the matters relating to such dispute. Such arbitration shall be binding and conclusive upon the parties and judgment may be entered upon such decision in accordance with applicable law in any court having jurisdiction thereof. Notwithstanding anything contained herein, the parties reserve the right to seek a judicial temporary restraining order, preliminary injunction or other similar short-term equitable relief prior to the appointment of the arbitrator. The arbitrator will have the right to make a final determination of the parties’ rights, including whether to make permanent, modify or dissolve any such judicial order.
Sold or Out of Business
If RTS goes out of business or is sold to another entity requiring a cease of operations, we will do our best to transition student data and information archives to another competitive platform/solution provider. We will not however perform any setup, configuration or maintenance on the new platform/solution, which will be the client’s sole responsibility. We also cannot guarantee that the features and functionality available on RTS will be available on any other platform/solution.