IMPORTANT NOTICE – BEFORE ACCESSING OR USING ANY PART OF THE RCA WEBSITE (www.rcainc.com), YOU (“You” or the “Authorized User”) SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS RCA WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE RCA WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this “RCA Website”). RCA IS WILLING TO ALLOW THE ACCESS AND USE OF THIS RCA WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE RCA WEBSITE AND ARE INSTRUCTED TO EXIT THE RCA WEBSITE IMMEDIATELY.

Terms and Conditions of Use

ACCEPTANCE OF THE TERMS OF USE. The RCA Website is provided by Regulatory Compliance Associates® Inc. (RCA). By accessing or using the RCA Website, you agree to abide by and be bound by these Terms of Use and the RCA Privacy Policy. RCA may revise and update these Terms of Use and/or the RCA Privacy Policy from time to time, and any changes are effective immediately upon publication.

PERMITTED USE. The RCA Website may be used for general informational purposes by current and/or prospective clients of RCA to obtain information and materials about RCA’s service offerings, RCA training events and webinars, or in connection with a contemplated engagement of RCA. Any such engagement shall be governed under a separate agreement. In connection with the permitted uses, you may download a reasonable number of files made available for download on the RCA Website.

RESTRICTIONS. The RCA Website may not be used to distribute or reproduce content on the RCA Website except as provided above; publish, sell, or modify any RCA Website content; use any content on the RCA Website for the benefit of any commercial enterprise or individual that offers services in any of the same areas as RCA, or for any other purpose that may be averse to RCA; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the RCA Website; delete, crop, or otherwise modify the RCA logo or name from copies of any materials from the RCA Website; copy or record any content on the RCA Website using automated programs, bots, software, or any other method of “scraping” content; use any “pinger,” bots, or automated link checker tool to communicate with the RCA Website; alter or interfere with the RCA Website’s code or the front-end appearance of the RCA Website; take any action that imposes an unreasonable or disproportionately large load on the RCA Website or related infrastructure; obtain or attempt to obtain unauthorized access to any of RCA’s networks, through any means; submit spam inquiries to our RCA Website contact forms, or use the RCA Website or any content herein for any purposes that are or may be harmful, infringing, defamatory, obscene, or illegal.

You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by RCA through the RCA Website in any manner not expressly permitted by these Terms of Use. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the RCA Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the RCA Website or in any way reproduce or circumvent the navigational structure or presentation of the RCA Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the RCA Website, (ii) attempt to gain unauthorized access to any portion or feature of the RCA Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the RCA Website or to any RCA server or to any of the services offered on or through the RCA Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the RCA Website or any network connected to the RCA Website, nor breach the security or authentication measures on the RCA Website or any network connected to the RCA Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the RCA Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the RCA Website or RCA’s systems or networks or any systems or networks connected to the RCA Website, (vi) use any device, software, or routine to interfere with the proper working of the RCA Website or any transaction conducted on the RCA Website, or with any other person’s use of the RCA Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to RCA on or through the RCA Website, (viii) use the RCA Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the RCA Website (or any part thereof) without RCA express, separate, and prior written permission, or (x) use the RCA Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact RCA.

USER OBLIGATIONS. By downloading, accessing, or using the RCA Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the RCA Website, including, without limitation, when you provide information via a RCA Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, RCA reserves the right to terminate immediately your access to and use of the RCA Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the RCA Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms of Use any personally identifiable information, which you receive or which is made available from RCA in connection with these Terms of Use. These Terms of Use are also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the RCA Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the RCA Website is solely at your own risk. While RCA has endeavored to create a secure and reliable RCA Website, you should understand that the confidentiality of any communication or material transmitted to/from the RCA Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, RCA is not responsible for the security of any information transmitted to or from the RCA Website. You agree to assume all responsibility concerning activities related to your use of the RCA Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the RCA Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the RCA Website shall only be available through the sole discretion of RCA or pursuant to the terms and conditions of a separate written agreement with RCA.

DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the RCA Website, you may provide RCA with additional content or information (a “Posting”). In connection with delivering and providing to RCA any such Posting, you hereby and automatically grant to RCA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the RCA Website and RCA’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide RCA with reasonable proof thereof (if requested)) required for RCA to use such content or information in connection with RCA’s services and the RCA Website. Notwithstanding the foregoing, you acknowledge and agree that RCA shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the RCA Website in a timely or accurate manner. Moreover, RCA assumes no responsibility for the deletion of or failure to store any content or information.

OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to participation in an RCA program, conference, training, webinar, seminar, Authorized User registration with the RCA Website to register for RCA events, requests to receive the RCA Newsletter and email notification of upcoming RCA events, and/or to other specific portions or features of the RCA Website, all of which are made a part of these Terms of Use by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the RCA Website, the latter terms shall control with respect to your use of that portion of the RCA Website. RCA’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on these Terms of Use should be construed to alter such terms, conditions, notices, and agreements.

RCA PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the RCA Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the RCA Website, you acknowledge and agree that your use of the RCA Website will constitute acceptance of RCA’s personal identifying information collection and use practices. Please see RCA’s Privacy Policy for a summary of RCA’s personal identifying information collection and use practices.

PROPRIETARY RIGHTS. You expressly acknowledge and agree that RCA transfers no ownership or intellectual property interest or title in and to the RCA Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the RCA Website, unless otherwise indicated, are owned, controlled, and licensed by RCA and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, RCA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the RCA Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that RCA does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of RCA’s trademarks. This RCA Website is Copyright © 2017 Regulatory Compliance Associates® Inc. (RCA) and/or its licensors. All rights reserved. RCA also owns a copyright in the contents of the RCA Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the RCA Website. Any downloadable or printable programs, directories, databases, information, or materials available through the RCA Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by RCA. The RCA Website, RCA, the RCA logo, and all other names, logos, and icons identifying RCA and its programs, products, and services are proprietary trademarks of RCA, and any use of such marks, including, without limitation, as domain names, without the express written permission of RCA is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.

INFORMATION REQUESTS AND/OR FEEDBACK. RCA welcomes your requests for information and/or feedback about RCA’s products or services or the RCA Website. By transmitting any requests for information, feedback, material, or other content (collectively, “feedback“) to RCA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to RCA and enable RCA to use such feedback. In addition, any feedback received through the RCA Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for RCA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

LINKS TO OTHER SITES. RCA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by RCA and are maintained by third parties over which RCA exercises no control. Accordingly, RCA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

THIRD-PARTY PRODUCTS/SERVICES. RCA, in its sole discretion, may post the advertisements of third parties on the RCA Website and/or feature materials, programs, products, and services provided by third parties. RCA makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the RCA Website are solely between you and such third party. Accordingly, RCA expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the RCA Website, and you agree that RCA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the RCA Website.

DISCLAIMER. WHILE RCA ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE RCA Website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. RCA IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE RCA Website. MOREOVER, RCA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE RCA Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE RCA WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RCA Website. RCA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RCA Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. RCA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RCA Website WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY. You expressly absolve and release RCA from any claim of harm resulting from a cause beyond RCA’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL RCA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE RCA Website, WITH THE DELAY OR INABILITY TO USE THE RCA Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE RCA Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF RCA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE RCA Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO RCA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

INDEMNITY. You agree to defend, indemnify, and hold harmless RCA and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms of Use.

NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by RCA, you shall immediately (i) notify RCA of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by these Terms of Use at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform RCA of the results of such investigation, (c) assist RCA using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist RCA as reasonably necessary to enforce RCA’s rights and to enable RCA to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.

GOVERNING LAW. These Terms of Use has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Wisconsin, U.S.A. as applied to agreements entered into and completely performed in the State of Wisconsin. You and RCA each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Wisconsin for any disputes between us under or arising out of these Terms of Use. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms of Use and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against RCA must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms of Use and is hereby disclaimed. RCA makes no representation that the RCA Website is appropriate or available for use in other locations outside the State of Wisconsin, and access to the RCA Website from sates, territories, or nations where any aspect of the RCA Website is illegal is prohibited. You access the RCA Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the RCA Website. A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact RCA if you wish to receive a printed copy of these Terms of Use.

ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the RCA Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. RCA reserves the right to view, monitor, and record activity on the RCA Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the RCA Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the RCA Website as well as to disclosures required by or under applicable law or related government agency actions. RCA will also comply with all court orders involving requests for such information. In addition to the foregoing, RCA reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the RCA Website, or any portion of the RCA Website, in order to protect the RCA Website, RCA, or RCA’s business.

TERM AND TERMINATION. These Terms of Use and your right to use the RCA Website will take effect immediately when you access or use the RCA Website and is effective until terminated as set forth below. In addition, RCA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms of Use, to deny your access to the RCA Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and these Terms of Use will also terminate automatically if you fail to comply with these Terms of Use, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate these Terms of Use at any time by ceasing to use the RCA Website, but all applicable provisions of these Terms of Use will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the RCA Website in your possession. In addition to the miscellaneous section below, the provisions concerning RCA’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of these Terms of Use for any reason.

MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of these Terms of Use will cause irreparable injury to RCA, such injury would not be quantifiable in monetary damages, and RCA would not have an adequate remedy at law. You therefore agree that RCA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that RCA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RCA to enforce any provision of these Terms of Use. The parties agree that these Terms of Use is for the benefit of the parties hereto as well as RCA’s licensors. Accordingly, these Terms of Use is personal to you, and you may not assign your rights or obligations to any other person or entity without RCA’s prior written consent. Failure by RCA to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver by RCA of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and RCA as result of these Terms of Use or your utilization of the RCA Website. Headings herein are for convenience only. These Terms of Use, along with the RCA’s Privacy Policy, represents the entire agreement between you and RCA with respect to use of the RCA Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RCA with respect to the RCA Website.