Terms of Service

 

Last Updated: January 1, 2022

These Terms of Service (these “terms”) contain the general terms and conditions that apply to customers, users, and visitors (collectively, “users,” or “you”) of ROC-P’s services, including those made available through this website, such as access to online ordering, contact us features, and the ROC-P online certification platform, as well as other digital resources and communications (collectively, the “services”). ROC-P, LLC is a limited liability company organized and operating under the laws of the State of Iowa, having its principal place of business at 215 2nd Ave. SE Ste. 300, Cedar Rapids, Iowa 52401.

These terms are an agreement between you and ROC-P. Please read these terms carefully as they govern your conduct on this website and your use of the services. These terms are incorporated into and are supplemental to ROC-P’s Privacy Policy, as well as any other specific, written agreements you may have with ROC-P with respect to a good or service, including, without limitation, ROC-P’s End User License Agreement.

If you are an entity purchasing services for your members, specific terms applicable to you will be described in your Order Form, Software as a Service Master Subscription Agreement, or other written agreement between you and ROC-P. The following general information contained in these Terms of Service is supplemental to said documents, and in the event of any inconsistency between such documents and these general Terms of Services, the specific terms of the order form, software as a service master subscription agreement, or other written agreement between you and ROC-P shall control.

By using ROC-P’s services, such as by accessing ROC-P’s platform, you accept and agree to be bound by and abide by these terms. By using these services you represent and warrant (a) you are eighteen (18) years of age or older; (b) you have good right, title, and authority to enter into these terms on your own behalf and on behalf of any entity or person whom you purport to represent (which entity shall be considered part of you for purposes of these terms); (c) the use of these services and the entering into of these terms has been duly authorized and approved by any entity or person whom you represent; and (d) effective as of the date you first use the services, these terms constitute valid and binding obligations enforceable against you as described herein. If you do not agree to these terms or if you are unable to make the foregoing representations and warranties, you must not use ROC-P’s services.

1. GRANT OF LICENSE

The services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned and provided by ROC-P.

ROC-P hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the services subject to the restrictions in these terms. ROC-P expressly reserves any rights not expressly granted herein. You are solely responsible for any hardware, software, and telecommunications necessary to access the services and ROC-P makes no warranty or guaranty that the services will always be available or will not change.

2. LICENSE AND USE RESTRICTIONS

Except as expressly authorized under these terms, you may not:

• copy, modify, or create derivative works of the services, in whole or in part;
• rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the services;
• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the services, in whole or in part;
• remove any proprietary notices from the services;
• use the services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
• combine or integrate the services with any software, technology, services, or materials not authorized by ROC-P;
• design or permit any applications to disable, override, or otherwise interfere with any ROC-P communications to end users, consent screens, user settings, alerts, warning, or the like;
• use the services to replicate or attempt to replace the user experience of the services in another application; 
• attempt to cloak or conceal your identity when requesting authorization to use the services; 
• use the services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities; 
• use the services to collect, disclose, or otherwise process another’s personal information without their consent to do so or in any other way in violation of applicable law; or
• use the services in any manner that ROC-P determines in its reasonable discretion is abusive or harmful. 

You also agree that you shall only use the services in a manner that complies with all applicable laws in the jurisdictions in which you use the services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the services without notice.

3. SUBSCRIPTIONS

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the applicable subscription rate.

Subscription periods are based on the number of active certified individuals and the modules you purchase, such as the core, learning management, exam placement, item banking, board and committee, and automated communications modules. The services are available after your project kick off date, and the renewal periods may be quarterly, annually, or at another agreed upon term.

To cancel your subscription, unless otherwise provided in an express, written agreement between you and ROC-P, you must provide written notice at least thirty (30) days prior to your next scheduled renewal date to avoid charge. Charges will be submitted without further authorization from you until you provide such notice.

Unless otherwise provided in an express, written agreement between you and ROC-P, if you cancel your subscription you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. If paying by credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You further agree to keep us up to date with accurate contact and payment information. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by any other method.

We may offer promotions on the services that may affect pricing and that are governed by terms and conditions separate from these terms. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.

4. TERM AND TERMINATION

These terms shall apply so long as you are using the services. ROC-P may terminate your access to the services at any time for any or no reason, unless otherwise provided in an express, written agreement between you and ROC-P. Upon termination of your access to the services, you shall immediately discontinue use of the services. These terms shall survive termination of the services to the extent applicable.

5. USERNAME AND PASSWORD

You may be required to provide certain registration details or other information and become a “Registered User” before accessing certain features of the services. It is a condition of your use of these services as a Registered User to ensure all the information you provide is correct, current, and complete. The information you provide will be treated and used in accordance with our Privacy Policy. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the online services or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You must exit from your account at the end of each session and use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these terms.

6. MODIFICATION, DISCONTINUATION, OR SUSPENSION OF SERVICES

ROC-P may, in its sole discretion and at any time, modify or discontinue the services in whole or in part. For modified services, you may be requested accept a modification or new terms when you log in to your account. If you do not accept the amended terms, you will not have access to the services.

ROC-P may discontinue its services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.

ROC-P may temporarily suspend access to the services under certain circumstances, including, without limitation: (i) ROC-P reasonably determines that: (A) there is a threat or attack on any of ROC-P’s intellectual property; (B) your use of ROC-P’s services disrupts, or poses a security risk, to ROC-P’s intellectual property; (C) you use ROC-P’s services for fraudulent or illegal activities, of for any other purpose prohibited by these terms; (D) subject to applicable law, if you or the entity with which ROC-P has agreed to provide the services to you has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) ROC-P’s provision of the services is prohibited by applicable law; or (ii) any vendor of ROC-P has suspended or terminated ROC-P’s access to or use of any third-party services or products required to enable your access the services; or (iii) you or the entity with which ROC-P has agreed to provide the services to you fails to make payment when due.  

7. PROPRIETARY RIGHTS

The services, including, without limitation, any of ROC-P’s Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of ROC-P, and you shall have no interest in them whatsoever.

All right, title, and interest in and to the services, except for information and content generated by you and third parties, are and will remain our exclusive property. Our intellectual property rights in the services are protected by copyright and trademark laws of the United States and international treaties, as well as other domestic and international laws. Nothing in these terms gives you a right to use our trademarks, logos, domain names, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the services, to copy any feature or portion of the services, or create a derivative of the services, all of which is expressly prohibited. Unless prohibited by law, any feedback, comments, or suggestions you may provide regarding the services are entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.

8. SUBMISSIONS OF OTHERS

You are solely responsible for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations and the license and use restrictions set forth above.

You agree to monitor the use of the services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the services from further use of the services. You agree to provide a resource for users of the services to report abuse of the services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the services. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.

9. INDEMNIFICATION

You agree to immediately notify ROC-P of and indemnify and hold ROC-P, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, (including the unauthorized use of your account or any other breach of security attributable to your use of the services), the violation of these terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.

10. DISCLAIMER OF WARRANTIES

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES OR ANY OTHER SERVICE OR WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. UNLESS OTHERWISE REQUIRED BY LAW OR PROVIDED IN AN EXPRESS, WRITTEN AGREEMENT BETWEEN YOU AND ROC-P, NEITHER ROC-P NOR ANY PERSON ASSOCIATED WITH ROC-P MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, AND AGAIN UNLESS REQUIRED BY LAW OR PROVIDED IN AN EXPRESS, WRITTEN AGREEMENT BETWEEN YOU AND ROC-P, NEITHER ROC-P NOR ANYONE ASSOCIATED WITH ROC-P REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, AND UNLESS PROVIDED IN AN EXPRESS, WRITTEN AGREEMENT BETWEEN YOU AND ROC-P, IN NO EVENT WILL ROC-P, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT OR ANY CONTENT OR SERVICES ON THE SERVICES OR SUCH OTHER WEBSITES OR SERVICES, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ROC-P WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ROC-P’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED (A) THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID TO ROC-P IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) IN THE EVENT YOU HAVE PAID NOTHING TO ROC-P IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, ONE-HUNDRED DOLLARS AND ZERO CENTS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. NOTICES

Unless otherwise provided herein or in another express, written agreement between you and ROC-P, notices given by ROC-P to you will be given by email. Notices will be sent to the email address you provide to ROC-P as part of the registration process, or to updated addresses which you provide to ROC-P via notice consistent with this paragraph. Notices given by you to ROC-P must be given by email to [CONTACTEMAIL] or such updated address and number as ROC-P may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to ROC-P shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

13. GOVERNING LAW; JURISDICTION AND VENUE

These terms shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa located in Linn County (the “Iowa Courts”) for any litigation or controversy arising out of or relating to these terms, (ii) agree not to commence any litigation arising out of or relating to these terms except in the Iowa Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

14. GENERAL

If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these terms are solely used for the convenience of the parties and have no legal or contractual significance. These terms may be assigned in whole or in part by ROC-P. These terms may not be assigned in any manner by you without the express, prior written permission of ROC-P.

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party.

We may revise these terms at any time in our sole discretion by posting such revised terms the terms page (i.e., this webpage that you are currently viewing) or elsewhere in this site. Please review the terms on a regular basis for changes. Continued use of our services following any change constitutes your acceptance of the change.

If you have questions regarding these terms, please contact us at info@rocp.com