ARFFRECURRENT.COM ILS™ SUPPORT AND ACCESS WEBSITE TERMS OF USE

Welcome to the ARFFRecurrent.com website. By accessing, browsing or using our websites, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by SSi. Inc. (hereinafter, “SSi”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.

SSi may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.

1.Content Program Agreement

By accessing the website, you are participating in our Content Program Agreement ("Agreement") contains the complete terms and conditions that govern participation in the Content Program (the, "Program").

As used in this Agreement, the terms "we," "us," "our", ARFFRecurrent.com, or "Company" means, SSi, and the terms "you" or "your," means the participant or user.

Program participation requires acceptance of the terms and conditions set forth in this Agreement.

Definitions. Throughout this Agreement, capitalized terms shall have the meaning ascribed to them in quotes. In addition, the following definitions apply:

"Software" means ARFFRecurrent.cominteractive Learning System (iLS™) with the current functionality provided by SSi. It also includes any accompanying instructions, documentation, technical data, images, interactive courseware, and other related materials.

"Access" means log in ability view training programs, recordkeeping data input, storing, or displaying information from the iLS™ software server site on a single device.

"Product" means the accessible Software product and its documentation as viewed from the iLS™ software server.

"License" means the Software license grant and general license terms set forth herein.

"Terms of Use" means any and all prohibitions and restrictions on Use, including any activities engaged in by way of SSi's server.

"Term of Agreement" means the period from the date a subscription is purchased to the date of termination by either the user or SSi

"Subscriber” means the individual or entity who purchases the subscription under this Agreement, (i) subscribes to the Services directly using a Link and through such Link, successfully registers and becomes a paying member (i.e., with valid and accurate name, address, email address, and payment information); (ii) does not cancel his/her subscription within the time permitted to do so; (iii) does not obtain a refund for such subscription

“Participant” or "User" means Subscriber and any entity or individual who uses the Software through Subscriber's subscription.

"This Agreement" means this entire Software Subscription and License Agreement.

"Upgrade" means a new release of the Product that includes a substantial new facility or capability.

"Copyright" also means copyright-like laws that apply to other kinds of works.

"The Service" refers to this website, all other websites accessible through the ARFFRecurrent.com domain and any processes and content accessible on them as the SSi may offer, modify, or amend, from time-to-time.

"Licensees" and "recipients" may be individuals or organizations. Each licensee is addressed as "you".

"The Providers" are the copyright holders, developers, hosts or agents of the service.

"Advertising" or "Advertisements" means any and all banner advertisements, text links, or other solicitations provided by SSi to you to promote theServices and/or which contain a Link to the Site.

"Link"means a SSi-provided embedded graphic, icon, or text, containing a unique hypertext pointer to the URL address for the SSi Site embedded in an Advertisement, and which identifies the number of consumers that become Subscribers as a direct result of an Advertisement.

"Site" means a SSi website located at and/or any other additional, substitute or successor Site that may be designated.

"Your Site" means any website(s) and any software application(s) that you link to the SSi Site.

SSi Contact information is 602-956-6959 Ext 35 or 480-699-3743 Ext 3, Email: ; US Postal: 7320 N La Cholla Blvd #154-192, Tucson, AZ 85741.

User and Subscriber access to web support is via log-in to 24/7 knowledgebase or

Immediate response from Support will include a Ticket Number that will be used to track the issue to complete resolution.

2.Security

All administrative access to the Services shall be controlled by user names and passwords requested by the User. The User is solely responsible for the security of the user names and passwords issued.

Prior notification and delivery of Releases, Updates, Upgrades, and related Documentation, as SSi may from time to time make available.

3.Service Levels

Except as otherwise provided, SSI will use commercially reasonable efforts under the circumstances to remedy any interruptions, omissions, mistakes, accidents, or errors in the Services (hereinafter "Defects") and restore the Services substantially in accordance with the Technical Standards. If the Services fail to substantially conform to the Technical Standards over a continuous period of thirty (30) days, and after written notice to SSI of such nonconformity, CLIENT may terminate Services. SSI's records and data shall be the basis for all service level calculations and determinations.

4.Possible Copyright & Trademark Infringements

Much of the content on the site is Content generated and we cannot possibly monitor every submission for copyright and trademark infringement.

If you find a possible violation of copyright, please notify us via the contact information above.

Please include the following information:

  • Your name and contact information
  • Your relationship to the copyright or trademark holder
  • The URLs of the pages containing the possible violation
  • A statement detailing the scope and basis of the copyright or trademark

5.Disclaimer ofWarranty

THERE IS NO WARRANTY FOR THE SERVICE OR THE CONTENT DISPLAYED ON, OR CONTAINED BY THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE PROVIDERS AND/OR OTHER PARTIES PROVIDE THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND ANY USE OF THE SERVICE OR IT'S CONTENT IS WITH YOU.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD OR SERVICES PROVIDED THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).

WE MAY DISCONTINUE PROVIDING, OR MAY CHANGE THE NATURE OR FUNCTIONS OF, THE SERVICES OR ANY FEATURES, AT ANY TIME.

WE DO NOT WARRANT THAT THE SERVICES WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR (a) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS; OR (b) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR APPLICATION OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE API, SSI CONTENT, OR THE SSI SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER,

6.Limitation ofLiability

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY OF THE PROVIDERS BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SERVICES), EVEN IF SUCH PROVIDER OR OTHER PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our total liability to you hereunder will not exceed the total Commission Fees paid or payable to you under this Agreement. WE ARE NOT RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (a) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (b) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE API OR SSI CONTENT, OR (c) ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT.

7.Interpretation ofDisclaimer andLimitation ofLiability

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Service.

8.Description of The Content Program.

The purpose of the Program is to permit you to advertise and promote the SSi's Services on your Site and to earn Commission Fees for Subscriptions made by end users. In order to facilitate your advertisement of the Services, we may make available to you Advertisements, data, images, text, link formats, widgets, links and other linking tools, and other information in connection with the Program ("Content"). All Content is the SSi's Intellectual Property. To enroll in the Program, you must complete and submit an accurate Content application ("Application")

We will evaluate your Application and will notify you of your acceptance or rejection. We reserve the right, in our sole and absolute discretion, to accept or reject your Application for any, or no reason, whatsoever.

You will ensure that the information in your Application, including your contact information, is complete and accurate. Upon Acceptance to the Program, you will ensure that your email address, and other contact and account information, is kept up-to-date at all times. You hereby give us permission to email or otherwise communicate with you regarding any matters relating to the Program and to this Agreement. You agree that we or our representatives may store, use and process your contact data in connection with this Program, including, but not limited to, account administration, maintenance and support activities, and payment.

9.Term andTermination.

The "Term" of this Agreement will commence upon our Acceptance of your Application and will end when terminated by either participant upon written email notice to the other participant. Upon termination of this Agreement, a Content must immediately cease serving Advertisements. No Commission Fees shall be due with respect to Subscribers who register after the date of the notice of termination. We reserve the right to withhold your final payment for a reasonable period of time as necessary to calculate properly any amount due to you. Upon termination of this Agreement, all rights and obligations of you or us under this Agreement will be extinguished, except for those rights and obligations that either by their express terms survive or that are otherwise necessary for the enforcement of this Agreement.

10.Content Program Rules.

Subject to the terms of this Agreement and solely for the limited purposes of advertising the SSi's Services on, and directing end users to, the SSi Site in connection with the Program. The foregoing license will immediately and automatically terminate upon termination of this Agreement, or earlier, if you are in breach of any provision herein. Upon termination or revocation of your license, you will promptly remove from your Site and delete or otherwise destroy all of the Content and other SSi Intellectual Property.

You will (i) only use Content to send end users to the SSi Site in order to procure Subscriptions for the SSi's Services, and will not link any Content to, or direct traffic to, any page of a Site other than the SSi Site; and (ii) link each use of the Content solely to the SSi Site.

You will not add to, delete from, modify, make derivative works of, or otherwise alter any Content in any way, including by adding additional information, except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image.

You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content. For example, you will not use, or enable or facilitate the use of, Content on or within any application, platform, Site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Content to any other person or entity, nor will you display such links on a Site that is not your Site.

You will promptly remove from your Site and delete or otherwise destroy any Content that is no longer displayed on the SSi Site or that we notify you is no longer available for your use.

You will not use any Content, including any name or likeness embodied in that Content, in a manner that implies a person's or SSi's endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, participant, or cause (including by placing unrelated third participant materials in close proximity to Content), except for that Content which is owned by the Subscriber under the Content Program.

With respect to 'Electronic Communications' (i.e., email messages and text messages), you may not (i) generate or use Electronic Communication using or containing SSi IP, or any variation or misspelling thereof, or other Content provided to you as part of the Program; (ii) send any other Electronic Communication that in any way suggests, implies, misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that the SSi or any related entity was the sender or sponsor of such Electronic Communication or procured or induced you to send such Electronic Communication; (iii) forward, redistribute, or otherwise repurpose any Electronic Communication that we send to our Contents, affiliates and/or customers; and (iv) generate or send any unsolicited Electronic Communication (spam) under this Agreement. You will act in compliance with all applicable federal, state and local laws and regulations, including without limitation, the CAN-SPAM Act of 2003 ("CAN-SPAM"), and you agree to protect, defend, indemnify and hold harmless us and our related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, incurred by us or our related entities arising out of or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation.

You are solely responsible for the development, operation, and maintenance of your Site, and for all materials that appear on your Site. For example, you are solely responsible for: (i) the technical operation of your Site and for all related equipment; (ii) creating and posting the descriptions of the Services on your Site and linking those descriptions to the SSi Site; (iii) the accuracy and appropriateness of materials posted on your Site; (iv) ensuring that materials posted on your Site do not violate or infringe upon any of our intellectual property rights or those of any third participant (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); (v) ensuring that materials posted on your Site are not libelous or otherwise illegal; (vi) ensuring that you link to the SSi Site in the format specified by us; (vii) clearly disclosing on your Site how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers.You will not take any action that could reasonably cause any customer confusion as to our relationship with you.

You will not attempt to intercept or redirect (including via software installed on users' computers) traffic from or on, or divert advertising fees from, any Site that participates in the Program.

You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Links (including by use of a redirecting page) such that we cannot reasonably determine the site from which a customer clicks through such Link to the SSi Site. No employee of SSi or any member of the family of an employee of the SSi may be a Content or benefit, directly or indirectly, from any Commission Fee payable hereunder.

11.Permitted Promotions.

You are permitted to promote SSi and the Services only through approved Links directly to the SSi Site. All promotional activities undertaken by you to promote the SSi's Services will be made in accordance with all applicable laws and regulations including, without limitation, the CAN SPAM Act of 2003 or any successor legislation and/or other laws and/or regulations that govern online and Electronic Communications, marketing, advertising and/or communications. With respect to Electronic Communications, you represent and warrant that (a) all recipients will be permission-based subscribers; (b) you will not involve SSi in deceptive or misleading advertising or trade practices, or violations of privacy laws, (c) all Electronic Communications will accurately identify you as the initiator of the communication in the 'from' line, and (d) your mailing domain is publicly registered. You are not allowed to register for the Services on behalf of any third participant. You are only permitted to link third parties to the SSi Site, and any and all information pertaining to such third parties, shall be the sole and exclusive property of SSi.