TECHNOLOGY AND TRACKING IN REAL TIME
Terms and Conditions
LAST UPDATE: November 2023. REALTIMEais.com
1. ACCEPTANCE OF TERMS
By using REALTIMEais.com `s online and offline products and services (collectively, “REALTIMEAIS.COM ” or “Services”), provided REALTIMEais.com (collectively, ” REALTIMEais.com
.com/terms/. This TOS governs your access to and use of any REALTIMEAIS.COM Web Based Platform, any order you place through a REALTIMEAIS.COM Web Based Platform, by telephone or any other means, and, as applicable, your use or attempted use of REALTIMEAIS.COM ’s products and services (collectively, “Your Use”).
Your use of the REALTIMEais.com shall be deemed to constitute your consent to be bound by this agreement and shall be enforceable in the same way as if you had signed this agreement.
If you do not agree to be bound by this agreement you are not eligible to use any REALTIMEais.com product or service.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY “CLAIM” (AS SUCH TERM IS DEFINED HEREIN) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT‐OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE SECTION BELOW ENTITLED “PRE‐ DISPUTE, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER” DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM
INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
REALTIMEais.com only offers accounts on behalf of business entities and does not offer personal accounts on behalf of individuals. You represent and agree that (i) you are entering into this agreement on behalf of the company or other legal entity (collectively, the “Business User”) that you may specify, (ii) that your account is for, and held in the name of, the Business User (and not
any individual), (iii) such Business User has full legal capacity and is in good standing in the jurisdiction in which it is formed, (iv) you have full legal capacity and authority to bind yourself individually and such Business User to these TOS, and (iv) the terms “you” or “your,” as used herein shall, unless the context otherwise reasonably requires, refer to both (A) such Business User, and (B) the individual or individuals (the “Individual User(s)”) accessing or using REALTIMEais.com as authorized or invited by such Business User; provided, however, that each such Individual User(s) shall remain vicariously liable and be required to comply with these TOS even though the account may be held in the name of the Business User. If you do not meet the requirements above, or if you do not agree with these terms and conditions, you may not use REALTIMEais.com .
You understand and agree that REALTIMEais.com may include advertisements. You also understand and agree that REALTIMEAIS.COM may include certain communications from REALTIMEais.com , such as service announcements and administrative messages, and that these communications are considered part of REALTIMEais.com membership and that you will not be able to opt out of receiving them. Changes and features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that REALTIMEAIS.COM is provided “as is” and that REALTIMEais.com assumes no responsibility for the timeliness, deletion, mis‐delivery of or failure to store any user content or settings. You are responsible for obtaining access to REALTIMEais.com , which access may involve third‐party fees (such as Internet Service Provider charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access REALTIMEais.com .
You may not access REALTIMEais.com for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without REALTIMEAIS.COM ‘s prior written consent. You may not access REALTIMEais.com if you are a direct competitor of REALTIMEais.com , except with REALTIMEAIS.COM’s prior written consent.
2. YOUR ACCOUNT
In consideration of your use of REALTIMEais.com , you represent and warrant that (i) you are not barred from receiving services under the laws of the United States or any other applicable jurisdiction, (ii) your use of REALTIMEAIS.COM does not violate any applicable law or regulation, and (iii) you access REALTIMEAIS.COM through one or more humans. Accounts registered by “bots” or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by REALTIMEais.com ‘s registration form (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or REALTIMEAIS.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, REALTIMEais.com has the right to suspend or terminate your account and refuse any and all current or future use of REALTIMEAIS.COM (or any portion thereof).
You will receive a password and account designation upon completing REALTIMEais.com ‘s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify REALTIMEais.com of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. REALTIMEais.com cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS, including, without limitation, this section.
We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax. The specific details of your subscription plan should be based on a detailed proposal provided by REALTIMEais.com or One of its resellers and/or a provide PO for what specifically you are subscribing to.
Unless renewed with updated PO of Credit Card payment, your Service subscription will be automatically deactivated at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. (See your expiration date at all times in your user profile)
In connection with your purchase and/or use of REALTIMEais.com you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify REALTIMEais.com pursuant to the section below entitled “Indemnity” to the extent that REALTIMEais.com incurs any obligations or other liabilities in connection with such taxes.
4. FEE INCREASES
We may change the fees and charges in effect or add new fees and charges from time to time. Furthermore, notwithstanding any other provision contained herein (but subject to any applicable law), at the time of any renewal of your subscription you agree that we may increase your recurring fees up to the greater of (i) the then list price as publicly marketed on our Web Based Platform, or (ii) five percent (5%). We may, in our sole discretion, offer you a grace‐ period in which your fees will not increase for a certain period. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If your credit or debit card reaches its expiration date, your continued use of REALTIMEais.com constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
“Content” means any and all information, data, code, video, images, text, documents, or other materials of any type that is uploaded, posted, emailed, transmitted, submitted or otherwise made available to or through REALTIMEais.com by you or any of your Individual Users, regardless of whether it is publicly posted or privately transmitted. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not REALTIMEais.com , are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via REALTIMEais.com
REALTIMEais.com does not control the Content posted on your platform other than the REALTIMEais.com public training library materials. As such, REALTIMEAIS.COM does not and cannot guarantee or endorse the accuracy, integrity or quality of any Subscriber loaded content. You understand that by using REALTIMEais.com, you may be exposed to Content that is offensive, indecent, objectionable, or illegal in your jurisdiction. Under no circumstances will REALTIMEais.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via REALTIMEais.com.
You acknowledge that REALTIMEais.com does not pre‐screen subscriber content, but that REALTIMEais.com and its designees shall have the right (but not the obligation) in their sole discretion to pre‐screen, refuse, move or remove any Content that is available via REALTIMEais.com. Without limiting the foregoing, REALTIMEAIS.COM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable or illegal as determined in REALTIMEais.com ’s sole discretion. In no event shall REALTIMEais.com or its designees have any liability or obligation to you in connection with exercising any rights contained in this section. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by REALTIMEais.com or submitted to REALTIMEais.com.
You acknowledge, consent and agree that REALTIMEAIS.COM may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with any applicable legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of REALTIMEais.com, its users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).
You understand that the technical processing and transmission of REALTIMEais.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded into REALTIMEais.com. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on REALTIMEais.com, in whole or in part, is strictly prohibited.
You will retain all right, title and interest in and to your Content and REALTIMEais.com shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of REALTIMEais.com, you grant REALTIMEais.com the following worldwide, royalty‐free and non‐exclusive license(s): the perpetual, irrevocable and fully sublicensable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to not use REALTIMEais.com to:
Upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws.
Harm minors in any
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Disguise the origin of any content transmitted throughcom;
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright, or other proprietary rights;
Engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti‐spamming laws and regulations, including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Do‐Not‐Call Implementation Act, the Telemarketing Sales Rule, 47 F.R. 64.1200 et seq., or other state or local laws relating to calling or texting (collectively, the “Calling Laws”);
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Act in a manner that negatively affects other users’ ability to use com;
- Interfere with or disrupt REALTIMEAIS.COM or servers or networks connected to REALTIMEais.com, or disobey any requirements, procedures, policies, or regulations of networks connected to REALTIMEAIS.COM;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the/United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded audio and/or video session that the audio and/or video session is being recorded.
You also agree not to record or copy any REALTIMEais.com course materials including video and course materials and tests
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of REALTIMEais.com. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which you reside.
Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold REALTIMEais.com and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of REALTIMEais.com, (iii) your connection to REALTIMEAIS.COM , (iv) your violation of the TOS or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of REALTIMEais.com in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of REALTIMEais.com, use of REALTIMEais.com, or access to REALTIMEais.com unless you otherwise have an agreement with us which specifically grants you such right(s).
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that REALTIMEais.com may establish general practices and limits concerning use of REALTIMEais.com, including without limitation the maximum number of days that Content will be retained by REALTIMEais.com, the maximum number of email messages that may be sent from or received by an account on REALTIMEais.com, the maximum size of any email message that may be sent from or received by an account on REALTIMEais.com, the maximum disk space that will be allotted on REALTIMEais.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access REALTIMEais.com in a given period of time. You agree that REALTIMEais.com has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by REALTIMEais.com. You acknowledge that REALTIMEais.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that REALTIMEais.com reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
REALTIMEais.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, REALTIMEais.com (or any part thereof) with or without notice. You agree that REALTIMEais.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of REALTIMEais.com.
You agree to be identified as a customer of REALTIMEais.com and you agree that REALTIMEais.com may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in REALTIMEais.com’s marketing materials and Web Based Platform. You hereby grant REALTIMEais.com a fully paid, irrevocable, perpetual, world‐wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to pursuant to this marketing section.
14. TERMINATION AND CANCELLATION
You agree that REALTIMEais.com may without prior notice immediately terminate your REALTIMEais.com’s account and access to REALTIMEais.com (both as a Business User and/or Individual User(s)). Such termination may be made in REALTIMEais.com’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which REALTIMEais.com may terminate your account and access to REALTIMEais.com shall include, but not be limited to:
(a) breaches or violations of the TOS or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self‐initiated account deletions):
(d) discontinuance or material modification to REALTIMEais.com (or any part thereof):
(e) unexpected technical or security issues or problems;
(f) extended periods of inactivity;
(g) engagement by you in fraudulent or illegal activities; and/or
(h) nonpayment of any fees owed by you in connection with REALTIMEais.com.
Further, you agree that all terminations for cause shall be made in REALTIMEAIS.COM’s sole and absolute discretion and that REALTIMEais.com shall not be liable to you or any third party for any termination of your account, or access to REALTIMEais.com.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through REALTIMEais.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that REALTIMEais.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on REALTIMEais.com.
REALTIMEais.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because REALTIMEais.com has no control over such sites and resources, you acknowledge and agree that REALTIMEAIS.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that REALTIMEais.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. REALTIMEAIS.COM’S PROPRIETARY RIGHTS
You acknowledge and agree that REALTIMEais.com and any necessary software used in connection with REALTIMEais.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through REALTIMEais.com or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by REALTIMEAIS.COM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on REALTIMEais.com or the Software, in whole or in part.
REALTIMEais.com grants you a personal, non‐transferable, and non‐exclusive right and license to use the object code of its Software on your computing devices, subject to the terms and conditions of this Agreement. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to REALTIMEais.com. You agree not to access REALTIMEais.com by any means other than through the interface that is provided by REALTIMEAIS.COM for use in accessing REALTIMEais.com.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW: (i) YOUR USE OF REALTIMEAIS.COM IS AT YOUR SOLE RISK, (ii) REALTIMEAIS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (iii) REALTIMEAIS.COM AND ITS PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, ATTORNEYS, PARTNERS, LICENSORS, AGENTS AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
- THE REALTIMEAIS.COM PARTIES MAKE NO WARRANTY THAT: (i) REALTIMEAIS.COM WILL MEET YOUR REQUIREMENTS; (ii) REALTIMEAIS.COM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‐FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REALTIMEAIS.COM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OR RESULTS OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH REALTIMEAIS.COM WILL MEET YOUR EXPECTATIONS; AND
(v) ERRORS OR DEFECTS, IF ANY, IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF REALTIMEAIS.COM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR YOUR USE OF THE WEB BASED PLATFORM IS SUBJECT TO ADDITIONAL DISCLAIMERS THAT MAY APPEAR THROUGHOUT THE WEB BASED PLATFORM.
- 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE REALTIMEAIS.COM PARTIES OR THROUGH OR FROM REALTIMEAIS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE REALTIMEAIS.COM PARTIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB BASED PLATFORM. WHILE REALTIMEAIS.COM STRIVES TO KEEP THE INFORMATION ON THE WEB BASED PLATFORM ACCURATE, COMPLETE, AND UP‐TO‐DATE, THE COM PARTIES CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEB BASED PLATFORM.
19. LIMITATION OF LIABILITY
EXCEPT AND TO THE EXTENT REQUIRED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALTIMEAIS.COM AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REALTIMEAIS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE REALTIMEAIS.COM ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM REALTIMEAIS.COM ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON REALTIMEAIS.COM ; OR (v) ANY OTHER MATTER RELATING TO REALTIMEAIS.COM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REALTIMEAIS.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO REALTIMEAIS.COM FOR REALTIMEAIS.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, NEW JERSEY), MAY NOT ALLOW FOR
(I) INDEMNIFICATION, AND (II) THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES). ACCORDINGLY, SOME OF THE PROVISIONS CONTAINED HEREIN (INCLUDING INDEMNIFICATION UNDER SECTION 6 AND THE LIMITATIONS CONTAINED IN OF SECTIONS 15 AND 16) MAY NOT APPLY TO YOU. IF YOU ARE UNSURE WHETHER SUCH EXCLUSIONS AND LIMITATIONS APPLY REALTIMEAIS.COM ENCOURAGES YOU TO SEEK LEGAL COUNSEL IN YOUR JURISDICTION.
21. TRADEMARK INFORMATION
The REALTIMEais.com logo, trademarks, and service marks and other REALTIMEais.com logos and product and service names are trademarks of REALTIMEais.com.
22. COPYRIGHT POLICY
It is REALTIMEais.com’s policy to respect the copyright and intellectual property rights of others. REALTIMEais.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, REALTIMEais.com may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, REALTIMEais.com complies with the Digital Millennium Copyright Act (“DMCA”).
If you believe in good faith that your work has been copied in a way that does not constitute copyright infringement, please provide REALTIMEais.com’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been
- A description of where the material that you claim is infringing is located on the Web Based Platform.
- Your address, telephone number, and e‐mail
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding infringement issues by email to Support@REALTIMEais.com
23. PRE‐DISPUTE, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, the REALTIMEais.com Parties, and/or any involved third party relating to your account, Your Use, your relationship with the REALTIMEais.com Parties, or these TOS. This includes any and all claims that relate in any way to your use of the products and services, your attempted use of the products and services, and any act or omission by the REALTIMEais.com Parties or any third party related to your use or attempted use of the products and services. You, REALTIMEais.com, the other REALTIMEais.com Parties, or any involved third party may pursue a Claim. REALTIMEais.com agrees to binding arbitration should it have any Claims against you.
Likewise, you agree to binding arbitration should you have any Claims against REALTIMEais.com. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1‐16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and REALTIMEais.com both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non‐class) basis. REALTIMEais.com will not demand arbitration in connection with any individual claim that you properly file and pursue in a small
claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre‐Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against the REALTIMEais.com Parties, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to REALTIMEais.com., PO Box 35993 Canton, Ohio 44735. You agree to negotiate with REALTIMEAIS.COM in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after REALTIMEais.com’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and REALTIMEais.com agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre‐dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and REALTIMEais.com agree.
Arbitration Fees. REALTIMEais.com shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although REALTIMEais.com may have a right to an award of attorneys’ fees and expenses under some laws if it prevails, REALTIMEais.com agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with REALTIMEais.com, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and REALTIMEais.com and shall not be modified except in writing by REALTIMEAIS.COM.
Amendments. REALTIMEais.com reserves the right to amend this arbitration provision at any time. Your continued use of any REALTIMEais.com Web Based Platform, purchase of a REALTIMEais.com product or service, or use or attempted use of a REALTIMEais.com product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, REALTIMEais.com will provide you notice and an opportunity to opt‐out. Your continued use of any REALTIMEais.com Web Based Platform, purchase of a REALTIMEais.com product or service, or use or attempted use of a REALTIMEais.com product or service, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT‐OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A REALTIMEAIS.COM PRODUCT OR SERVICE ( WHICHEVER COMES FIRST) BY WRITING TO REALTIMEAIS.COM, INC. 10 ALMADEN BLVD, FL 10 STE 1000 SAN JOSE, CA 95113; ATTN: GENERAL COUNSEL. FOR YOUR OPT‐OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY REALTIMEAIS.COM PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF REALTIMEAIS.COM PRODUCT OR SERVICE. UNTIMELY OPT‐OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
24. EXCLUSIVE VENUE FOR OTHER CONTROVERSIES
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located within the County of Stark, State of Ohio, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
28. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and REALTIMEais.com and govern your use of REALTIMEais.com, superseding any prior agreements between you and REALTIMEAIS.COM with respect to REALTIMEais.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other REALTIMEais.com services, affiliate services, third‐party content, or third‐party software.
Choice of Law and Forum. Except to the extent required by applicable law or as otherwise set forth herein (including the arbitration provisions set forth above), (i) the TOS and the relationship between you and REALTIMEais.com shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions, and (ii) You and REALTIMEais.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Ohio regardless of (A) your world‐wide physical location, or (B) the jurisdiction where you purchased or use REALTIMEais.com.
Unless expressly stated otherwise by REALTIMEais.com, any new features, new services, enhancements, or modifications to REALTIMEais.com implemented after your initial access to REALTIMEais.com shall be subject to these TOS.
Waiver and Severability of Terms. The failure of REALTIMEais.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid under applicable law, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions to the greatest extent possible as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non‐Transferability. You agree that your REALTIMEais.com account.
is non‐transferable and any rights to your REALTIMEais.com ID or contents within your account terminate upon cessation of your legal existence or death, as applicable. Upon receipt of a copy of a certificate of dissolution or death certificate, as applicable, your account may be terminated, and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of REALTIMEais.com, or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. Compliance.
REALTIMEais.com understands and holds itself to the standard set out under our Business Conduct Principles.
REALTIME-Asset Manager has simplified keeping up with inspection tasks in our shop and providing trackable progress for easy accountability... And REALTIME-Training has made it easy for us to see who has completed required safety training and who needs a "friendly reminder" to finish.
We have been using REALTIMEais for all our electrical training for over 2 years now. We expanded our onboard training program and have used the easy to upload custom testing features to provide trigger reminders, progress tracking and auto generated certificates.
If I had to summarize the best things about using REALTIMEais it would be seeing the actual results achieved from training our employees and the peace of mind knowing that we're getting the training done and doing it right.
With over 80 employees that I needed to manage and maintain training and recordkeeping - REALTIMEais has given us a singular place to do all of it, in a very user friendly and customizable format, it has been an incredible time saver that has provided us better training results - A real win-win for us!
As soon as I saw everything that REALTIMEais can do we begin using it even though I was concerned that implementing or transitioning would be harder than it was. it went very smooth, and we had lots of support from the REALTIMEais team.