EDGE FRS Website Terms of Service ("Terms")
Last updated: 11 Oct 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.cesiedgetraining.com website and the associated EDGE First Responder Sandbox (FRS) software (respectively referred to as the "Service" and the “Software”) operated by Cole Engineering Services, Inc. (“CESI”, "us", "we", or "our") on behalf of the Army Research Lab (ARL) Human Research and Engineering Directorate (HRED) Advanced Training and Simulation Division (ATSD) and the Department of Homeland Security (DHS) Science and Technology (S&T) Directorate (jointly or separately referred to as the “Government”).
Your access to and use of the Service and associated Software is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service and/or Software you agree to be bound by these Terms.
Failure to agree to these terms as provided will result in access not being granted or existing access being revoked.
ACCOUNT REGISTRATION
To access the Service, you must either: (a) have an active and validated account ("Account") using a valid email address, or (b) be an authorized participant in a training session or demonstration that has been created and/or established by an account holder authorized to create said training session or demonstration. Opening an account using false credentials or opening an account using credentials of another individual without the consent of that individual is prohibited. Accounts for first responders and accredited schools are subject to vetting and approval by the Government. CESI may make recommendations regarding these accounts to the Government regarding account approval, but final approval is at the sole discretion of the Government. Commercial accounts are vetted and approved by CESI. The vetting of commercial accounts may or may not include recommendations from DHS to CESI.
ACCOUNT TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
USE OF THE SERVICE
Upon acceptance of the terms of service, you are hereby granted a limited use right to access and use the Service and associated Software for training purposes as long as your account and the Service remain active. No other rights are granted or implied. Furthermore, you acknowledge that the Service and associated Software are the property of CESI (who has granted Government Purpose rights to the Government) and you will not attempt to copy, decompile, reverse engineer, modify, sell, or transfer any portion of the Software or other elements related to the Service.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by CESI or the Government.
CESI and/or the Government has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CESI or the Government 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 web sites or services.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICE. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. WE MAY CHANGE, ADD OR REMOVE FUNCTIONALITIES OR FEATURES IN OUR SERVICE AND ASSOCIATED SOFTWARE, AND WE MAY SUSPEND OR STOP OUR SERVICES ALTOGETHER. WE DO NOT WARRANT THAT THE SERVICE AND CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT DELAYS. IN ADDITION TO THE LIMITATIONS OF LIABILITY OF THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR ANY INABILITY TO ACCESS, DOWNLOAD OR USE ANY CONTENT, DATA OR SERVICE ASSOCIATED WITH THE PROVIDED SERVICE.
WE EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR COMPUTER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING THE SERVICE. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT USE OF THE SERVICE REQUIRES AN INTERNET CONNECTION AND APPROPRIATE COMPUTER TO RUN THE SOFTWARE FOR WHICH YOU ARE SOLELY RESPONSIBLE. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR PAYMENT OF ANY THIRD PARTY FEES ASSOCIATED WITH YOUR INTERNET CONNECTION, INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDER OR AIRTIME CHARGES. THE PROVISION, QUALITY AND SECURITY OF SUCH INTERNET CONNECTIVITY ARE THE SOLE RESPONSIBILITY OF THE THIRD PARTY PROVIDING SUCH SERVICE NOT CESI OR THE GOVERNMENT.
GENERAL LEGAL
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will note that on the main web page and notify you of the change. Prior to accessing the Service after a material change, you will be required to accept the revised Terms. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service, will signify your acceptance of these changes. If you choose to not accept the revised Terms, you will not be granted further access to the Service until you do. You may choose to contact customer service at the addresses located at the end of this agreement to terminate this agreement and your Account.
This agreement insures to the benefit of the parties, including any of our successors in interest. We have the right to assign any and all of our rights and obligations under this agreement to any affiliate(s) or to any affiliated entity.
If any provision of this agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the agreement will remain in full force and effect.
At the present time, the Service does not comply with the European Union (EU) General Data Protection Regulation (GPDR). As such, the use of the Service by anyone within the EU is strictly prohibited.
Except as otherwise required by applicable law, this agreement will be construed and interpreted in accordance with the laws of the State of Florida applying to contracts fully executed and performed within the State of Florida. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in the state courts of Orange County, Florida and the federal courts of the Middle District of Florida. In the event of litigation to enforce any part of this agreement, all costs and fees, including attorney's fees, will be paid by the non-prevailing party to the extent permitted by applicable law.
CONTACT US
If you have any questions about these Terms, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..