Last updated: May 12, 2021
Introduction
Welcome to Resource Engineering, Inc. (REI) Here is a quick summary of the highlights of our Terms of Service:
- Our mission is to help organizations and individuals improve Quality and Productivity. The REI Platform (which includes the websites QualityTrainingPortal.com, FMEA-Training.com and esplms.com and our Learning Management System, EspritLMS) offers free and paid-for training and information on tools and techniques to help improve quality and productivity.
- You agree to follow the rules of our Platform. When you use the REI Platform, you also agree to our Terms of Service and accept our Privacy Policy.
- Please contact us to give feedback and report complaints. If you think someone has violated intellectual property rights, other laws, or Resource Engineering, Inc.’s Policies, you can fill out our contact form or call us at 800-810-8326 or 802-496-5888.
We are pleased that you want to use the REI Platform and encourage you to read the full Terms of Service.
Resource Engineering, Inc. Terms of Service
Welcome to Resource Engineering, Inc. Resource Engineering, Inc. is a Platform to educate users on using, implementing and benefitting from the tools and techniques of Quality and Productivity Improvement. We do this through free and paid-for training, articles and other relevant information.
These terms of service (“Terms of Service”) sets forth the agreement (“Agreement”) between you and Resource Engineering, Inc., (“REI” “we” or “us”). It governs your use of the products and services we offer through our website and applications (collectively the “REI Platform”).
Please make sure to read it, because, by using the REI Platform, you consent to these terms.
- The Mission of the REI Platform
- Resource Engineering, Inc.’s mission is to help organizations and individuals improve Quality and Productivity. The REI Platform (which includes the websites QualityTrainingPortal.com, FMEA-Training.com and esplms.com and our Learning Management System, EspritLMS) offers free and paid-for training and information on tools and techniques to help improve quality and productivity.
- Using the REI Platform
- Who Can Use It. Anyone who visits one of our commercial websites (QualityTrainingPortal.com or FMEA-Training.com) or who purchases training directly from QualityTrainingPortal, from one of our affiliates or whose employer purchases the training on their behalf may use the REI Platform. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
- Some of our services including our online store, access to our demo lessons and taking training require registration to use them. When you register, you will set up a profile on the REI Platform, and you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name when you create your account on the REI Platform. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
- Privacy Policy. Our privacy practices are set forth in our Privacy Policy. By use of the REI Platform, you agree to accept our Privacy Policy, regardless of whether you are a registered user.
- You may close your account at any time by contacting Resource Engineering by email or phone and requesting your account be terminated. We may terminate or suspend your Resource Engineering, Inc. account if you violate any Resource Engineering, Inc. policy or for any other reason.
- Changes to the REI Platform.
- We are always trying to improve your experience on the REI Platform. We may need to add or change features and may do so without notice to you.
- We welcome your feedback and suggestions about how to improve the REI Platform. Feel free to submit feedback through this form or if you have purchased our training, in our Learning Management System through the form under Help > Report an Issue. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the REI Platform (specifically including, but not limited to our website content including our Resource Centers, Online Training Courses, Learning Management System (EspritLMS), REI marks, REI logos (collectively “Our Content and Materials”) is the property of Resource Engineering, Inc.
- All data Resource Engineering, Inc. collects (“Data”) about use of the REI Platform by you or others is the property of Resource Engineering, Inc. and is governed by our Privacy Policy.
- Use of Our Online Training Courses
- Description
- Our Online Training Courses are offered through our learning management system (LMS), EspritLMS. The content may be accessed directly through EspritLMS or through a third party LMS. Examples of third party LMSs include affiliates who sell our courses directly to their customers and organizations that have their own LMS for the purpose of training their internal staff.
- Your Rights
- Subject to the terms of this Agreement, REI hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the online training software (“Software”) and content (hereinafter the Software and content shall be referred to as the “Services”) during the Term of your Subscription through the QualityTrainingPortal.com Learning Management System. Your use of the Services shall be strictly in accordance with this Agreement. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, REI owns and retains all rights, title, and interest in the Services and any and all related materials.
- Users of the Online courseware must sign on with their own unique login information. Usernames and passwords cannot be shared among two or more people. The courseware MAY NOT be used in classroom settings and MAY NOT be projected or broadcast in any way such as through web conferencing software unless the following condition has been met. ALL learners and the instructor must be currently REGISTERED users of the course. REGISTERED users must each have their own username and password to access the course.
- Restrictions on Use
- All pages within this Website and any material made available for download are the property of REI. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of REI. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable End User License Agreements.
- Website Availability
- REI’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of REI or which are not reasonably foreseeable by REI, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
- Modifications to the Website and Services
- The software, content, availability and access and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice in REI’s sole discretion.
- Your Responsibilities
- You agree to comply with our Terms of Service and all applicable laws and regulations, including, but not limited to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify REI promptly if you suspect unauthorized use of your account. Until you notify REI, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify REI immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. As a condition of your use of this Website, you warrant to REI that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service.
- Prohibited Activities
- You may not modify, reverse engineer, or decompile the Software or Services or create derivative works based on the Software or Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of Reference Guides, Quick Guides, forms and other resources available in the Resources section of the LMS, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
- Description
- DISCLAIMERS AND LIMITATION OF LIABILITY
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF RESOURCE ENGINEERING, INC. ENTITIES TO YOU.
- QUALITYTRAININGPORTAL COURSES ARE PROVIDED AND SOLD “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESOURCE ENGINEERING, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE TRAINING PROGRAM WILL BE ERROR-FREE, OR THAT ANY DEFECTS DISCOVERED IN THE TRAINING PROGRAM WILL BE CORRECTED.
- FURTHERMORE, RESOURCE ENGINEERING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TRAINING PROGRAM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RESOURCE ENGINEERING, INC. SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- IN NO EVENT SHALL RESOURCE ENGINEERING, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF RESOURCE ENGINEERING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE LIABILITY WILL BE LIMITED TO THE AMOUNT OF MONEY THAT RESOURCE ENGINEERING, INC. RECEIVED FROM YOU FOR THE USE OF THE SERVICES.
- Complete Agreement
- This Terms of Service constitutes the entire agreement between the parties with respect to the distribution and use of the Services, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Resource Engineering, Inc.
- The provisions in this Agreement are necessary for the protection of the business and goodwill of Resource Engineering, Inc. and are considered by the Recipient to be reasonable for such purposes. The Recipient agrees that any breach of this Agreement will cause Resource Engineering, Inc. substantial and irreparable damages and, therefore, in event of any such breach, in addition to other remedies that may be available, Resource Engineering. Inc. shall have the right to seek specific performance and other injunctive and equitable relief.
- This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
- Governing Law This Agreement shall be governed by the laws of the State of Vermont and the United States of America.
- General Terms
- Changes to these Terms. We may amend this Agreement (including any policies, such as the Privacy Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the REI Platform, or other manner. You can view the Agreement and our main policies at any time here. Your failure to cancel your account, or cease use of the REI Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the REI Platform.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the REI Platform and constitutes the entire agreement between you and us regarding the REI Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
- Should you have any questions regarding this Agreement, you may contact Resource Engineering in writing, email or by phone at:
Our full details are:
- Full name of legal entity: Resource Engineering, Inc.
- Name or title of DPO: Data Protection Officer
- Email us: Contact form
- Postal address: PO Box 449, Waitsfield, VT 05673, USA
- Telephone number: 800-810-8326 or 802-496-5888