The NRCPT Toolkit and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RCAW, its affiliates, partners, collaborators, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

RCAW’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RCAW or its affiliates, partners, or collaborators. You must not use such marks without the prior written permission of RCAW. All other names, logos, product and service names, designs, and slogans on this NRCPT Toolkit are the trademarks of their respective owners. 

The content of the NRCPT Toolkit, such as training, text, graphics, images, information, and other material contained in or on the NRCPT Toolkit (“Content”) are for informational purposes only. The Content is NOT intended to be a substitute for professional medical/psychological advice, diagnosis, or treatment, nor a substitute for legal or any other type of professional advice. Always seek the advice of a skilled practitioner with any questions you may have regarding a medical condition or legal issue. Never disregard professional advice because of something you have read in the NRCPT Toolkit. 

RCAW does not recommend nor endorse any specific tests, physicians, products, procedures, legal advice, opinions, or other information that may be mentioned in the NRCPT Toolkit. Reliance on any information provided by the NRCPT Toolkit, RCAW, RCAW employees, others appearing in the NRCPT Toolkit at the invitation or affiliation of RCAW, is solely at your own risk. 

You may use the NRCPT Toolkit only for lawful purposes and in accordance with these Terms and Conditions of Use. In consideration of being allowed to use the NRCPT Toolkit, you agree that the following actions shall constitute a material breach of these Terms and Conditions. You agree not to use the NRCPT Toolkit:

• In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.

• Modify copies of any materials from the NRCPT Toolkit, other than what is expressly allowed above under Use of Content.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Use of Content standards set out in these Terms and Conditions of Use.

• Use any robot, spider, or other automatic device, process, or means to access the NRCPT Toolkit for any purpose, including monitoring or copying any of the material on the NRCPT Toolkit.

• Use any device, software, or routine or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful that may interfere with the proper working of the NRCPT Toolkit.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the NRCPT Toolkit, the server on which the Replication Toolkit is stored, or any server, computer, or database connected to the NRCPT Toolkit.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site or use NRCPT Toolkit in a way that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.

• Use the NRCPT Toolkit in a way that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by RCAW in its sole discretion.

• Engage in any other conduct that restricts or inhibits any other person from using the NRCPT Toolkit, or which, in the judgment of the RCAW, exposes the RCAW or any of its NRCPT Toolkit users to any liability or detriment of any type.

You may use the NRCPT Toolkit only for proper, authorized, and lawful purposes and in accordance with these Terms and Conditions of Use. In consideration of being allowed to use the NRCPT Toolkit, you agree that the following actions shall constitute a material breach of these Terms and Conditions. You agree not to use the NRCPT Toolkit: 

1. In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.  

2. Modify copies of any materials from the NRCPT Toolkit, other than what is expressly allowed above under Use of Content.   

3. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.  

4. Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Use of Content standards set out in these Terms and Conditions of Use. 

5. Use any robot, spider, or other automatic device, process, or means to access the NRCPT Toolkit for any purpose, including monitoring or copying any of the material on the NRCPT Toolkit. 

6. Use any device, software, or routine or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful that may interfere with the proper working of the NRCPT Toolkit. 

7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the NRCPT Toolkit, the server on which the NRCPT Toolkit is stored, or any server, computer, or database connected to the NRCPT Toolkit.  

8. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the NRCPT Toolkit or use the NRCPT Toolkit in a way that infringes on the intellectual property rights of others or on the privacy or publicity rights of others. 

9. Use the NRCPT Toolkit in a way that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by RCAW in its sole discretion. 

10. Engage in any other conduct that restricts or inhibits any other person from using the NRCPT Toolkit, or which, in the judgment of the RCAW, exposes the RCAW or any of its NRCPT Toolkit users to any liability or detriment of any type. 

If RCAW believes that you have breached or violated the Terms and Conditions of Use, including the Use of Content, infringe any intellectual property or trademark right or other right of any person or entity, threaten the personal safety of users of the NRCPT Toolkit or the public, or do anything could create liability for RCAW, its affiliates, partners, or collaborators, RCAW may take any action, including but not limited to termination of access to the NRCPT Toolkit, that we deem necessary or appropriate in our sole discretion.

If we terminate or suspend your access or use to the NRCPT Toolkit, for any reason, including but not limited to breaching or violating the Terms and Conditions of Use or Use of Content, infringing on any intellectual property or trademark right or other right of any person or entity, threatening the personal safety of users of the NRCPT Toolkit or the public, or anything that could create liability for RCAW, its affiliates, partners, or collaborators, you are prohibited from requesting access again, or under a fake or borrowed name, or under the name of any third party, even if you may or may not be acting on behalf of the third party. 

YOU WAIVE AND HOLD HARMLESS RCAW AND ITS AFFILIATES, PARTNERS, COLLABORATORS, AND SERVICE PROVIDERS, AND EACH OF THEIR AND OUR RESPECTIVE SUCCESSORS, AND ASSIGNEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RCAW AND THE FOREGOING PARTIES, DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RCAW, THE FOREGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES. 

RCAW assumes no liability for any action or inaction nor for performance or nonperformance of the activities described in this section.  

After a reasonable attempt to notify you, if circumstances allow, RCAW may modify or remove NRCPT Toolkit content. You accept that interruptions, discontinuance, or errors may occur and waive liability against RCAW for such instances.

Additionally, there may be information on the NRCPT Toolkit that contains typographical errors, inaccuracies, or omissions, including descriptions, funding, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the NRCPT Toolkit at any time, and will make a reasonable attempt to notify you, if circumstances allow. 

You understand that RCAW cannot and does not guarantee or warrant that files available for downloading from the internet or the NRCPT Toolkit 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 the NRCPT Toolkit 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 TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE NRCPT TOOLKIT OR ANY CONTENT, TRAINING, SERVICES OR ITEMS OBTAINED THROUGH THE NRCPT TOOLKIT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE NRCPT TOOLKIT, ITS CONTENT, AND ANY TRAINING, SERVICES OR ITEMS OBTAINED THROUGH THE NRCPT TOOLKIT IS AT YOUR OWN RISK. THE NRCPT TOOLKIT, ITS CONTENT, TRAINING, ITEMS, AND ANY SERVICES OBTAINED THROUGH THE NRCPT TOOLKIT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RCAW NOR ANY PERSON ASSOCIATED WITH RCAW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE NRCPT TOOLKIT. WITHOUT LIMITING THE FOREGOING, NEITHER RCAW NOR ANYONE ASSOCIATED WITH RCAW REPRESENTS OR WARRANTS THAT THE NRCPT TOOLKIT, ITS CONTENT, TRAINING, ITEMS, OR ANY SERVICES OBTAINED THROUGH THE NRCPT TOOLKIT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE NRCPT TOOLKIT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE NRCPT TOOLKIT ITS CONTENT, TRAINING, ITEMS, AND ANY SERVICES OBTAINED THROUGH THE NRCPT TOOLKIT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OF ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NRCPT TOOLKIT, ITS CONTENT, TRAINING, ITEMS, AND ANY SERVICES, OF UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NRCPT TOOLKIT, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE NRCPT TOOLKIT BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, TRAINING, ITEMS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, TRAINING, ITEMS, AND ANY SERVICES POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NRCPT TOOLKIT.  

RCAW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NRCPT TOOLKIT, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

TO THE FULLEST EXTENT PROVIDED BY LAW, RCAW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

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

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RCAW, ITS AFFILIATES, PARTNERS, AND COLLABORATORS, AND SERVICE PROVIDERS, AND EACH OF THEIR AND OUR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNEES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE NRCPT TOOLKIT, ANY WEBSITES LINKED TO IT, ANY CONTENT, TRAINING, ITEMS, AND ANY SERVICES ON THE NRCPT TOOLKIT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

The Limitation of Liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. 

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

The NRCPT Toolkit provides links to third-party websites. RCAW does not recommend and does not endorse the content on any third-party website. RCAW is not responsible for the content of linked third-party sites, sites framed within the NRCPT Toolkit, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. RCAW does not endorse any product, service, or treatment mentioned in the NRCPT Toolkit.

You agree to defend, indemnify, and hold harmless RCAW, its affiliates, partners, collaborators, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: 

1. Your breach or violation of these Terms and Conditions of Use. 

2.    Your use of the NRCPT Toolkit, including but not limited to, any use of the NRCPT Toolkit’s Content other than as expressly authorized in these Terms and Conditions of Use, or your otherwise improper or unlawful use of any information or training obtained from the NRCPT Toolkit;  

3.    Any breach of your representations and warranties set forth in these Terms and Conditions of Use; 

4.    Your violation of the rights of a third party, including but not limited to intellectual property rights; or 

5.    Any overt harmful act toward any other user of the NRCPT Toolkit or the training with whom you connected via the NRCPT Toolkit or the training.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

In the event of any controversies, disputes, or claims arising out of or relating to these Terms and Conditions of Use, or breach thereof, including but not limited to disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or use of the NRCPT Toolkit in anyway, shall arise between the parties to these Terms and Conditions of Use, the parties agree to first participate in mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation with a mutually agreed upon mediator and location. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE NRCPT TOOLKIT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by RCAW of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RCAW to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

If any provision or part of a provision of these Terms and Conditions of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions of Use or access or use of the NRCPT Toolkit. You agree that these Terms and Conditions of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions of Use and the lack of signing by the parties hereto to execute these Terms and Conditions and Use.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and in the NRCPT Toolkit, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS ACKNOWLEDGEMENTS, SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE NRCPT TOOLKIT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or by any means other than electronic means.

These Terms and Conditions of Use constitute the entire agreement between you and RCAW, with respect to downloading and utilization of the ten (10)  NRCPT Courses. By downloading the NRCPT Courses you therefore acknowledge your acceptance and understanding of these Terms and Conditions of Use.