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F.E.R.P.A Family Educational Rights and Privacy Act ATTENTION USER: By accessing an account using an employer/educational institution provided "SITE CODE" you are allowing the lawful access to your test/course results by the trainer(s)/educator(s) and administrator(s) from that employer/educational institution. If you wish NOT to share your test/course results you must create an independent account and purchase an independent test/course license. ENGLISH Federation of Dining Room Professionals, LLC. LICENSE AGREEMENT FOR FDRP and FrontSUMMIT™ Services This agreement affects your rights. Please read it carefully. You will not be able to use the FDRP Service unless you consent to this Agreement. By accepting this Agreement now and each time you place, change or cancel your account or perform any transaction related to the FDRP Service, you represent that you understand and accept the terms and conditions of this Agreement. This Agreement applies to your use of the FDRP and FrontSUMMIT™ web sites, accounts, data and any related products or services (collectively the "Service"). In this Agreement, "you", "your", "Subscriber", "Subscribers", "user" or "users" means any person using the FDRP Service. "FDRP", "FrontSUMMIT™", "we", "us" and "our" refer collectively to Federation of Dining Room Professionals (FDRP) LLC, its affiliates, contractors, officers, employees and agents. IMPORTANT NOTE: The FDRP Service may allow you to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor. 1. General. The courses, documentation and any materials accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "FDRP Service") are licensed, not sold, to you by FDRP for use only under the terms of this License, and FDRP reserves all rights not expressly granted to you. The rights granted herein are limited to FDRP's and its licensors' intellectual property rights in the FDRP Service and do not include any other patents or intellectual property rights. You own the media on which the FDRP Service is stored or used but FDRP and/or FDRP's licensor(s) retain ownership of the FDRP Service and the associated materials / courses themselves. The terms of this License will govern any version upgrades provided by FDRP that replace and/or supplement the original FDRP Service product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 2. Permitted License Uses and Restrictions. This License allows you to use the FDRP Service. You may reproduce FDRP Service product materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the FDRP Service or any part thereof. 3. Transfer. You may not rent, lease, lend, redistribute or sublicense the FDRP Service. 4. Consent to Use of Data. You agree that FDRP and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the FDRP Service and to verify compliance with the terms of this License. FDRP may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. A copy of the FDRP Privacy Policy can be found on the home page of the FDRP and FrontSUMMIT™ websites. 5. Downloads and other Services. The FDRP Service enables access to FDRP and FrontSUMMIT™ websites, which offers downloads of FDRP Certification materials and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services. By using these websites in connection with a FrontSUMMIT™ account, you agree to the latest FDRP Terms of Service, which you may access and review from the home page of the FDRP and FrontSUMMIT™ websites. You agree to use the Services at your sole risk and that FDRP shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content links and descriptions are provided for convenience, and you acknowledge and agree that FDRP does not guarantee their accuracy or security. Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that FDRP is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. FDRP does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that FDRP is not in any way responsible for any such use by you. You agree that the Services, including but not limited to training courses, presentations, graphics, audio and video clips, and editorial content, contain proprietary information and material that is owned by FDRP and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. FDRP and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will FDRP be liable for the removal of or disabling of access to any such Services. FDRP may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from FDRP if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the FDRP Service. The Disclaimer of Warranty, Trademarks, Liability and the Other Provisions sections of this Agreement shall survive the termination of this License. 7. Trademarks. "FDRP", "FrontSUMMIT™" and its logos are registered trademarks of the FDRP. Other marks may be owned by their respective holders. No license for these marks is granted to any end-user. You shall take no steps to register any such trademark or trade name, and shall not use any such mark or name as part of the FDRP or any of the FDRP affiliate's corporate or other name. You will not do anything that would in any way infringe, impeach or lessen the validity or value of FDRP's trademarks or trade names. 8. License. The FDRP and FrontSUMMIT™ web sites, data and other contents, paper forms, brochures and materials, downloadable documents, and the Services are copyrighted and/or proprietary properties of FDRP. During the term of this License, we grant to you a non-exclusive, non-transferable, limited license to use the FDRP Service at such time as it is generally available solely in accordance with the terms of this License. You agree not to alter or remove any copyright or other proprietary notices or any disclaimers included within the FDRP Service. If you wish to make commercial use of the FDRP Service you must enter into an agreement with FDRP to do so. Please contact info@FDRP.com for more information. 9. Electronic Delivery and Communication. By using the FDRP Service, you agree to form a contractual relationship with your employer and/or FDRP using electronics means. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the FDRP web site or subsidiary web sites and/or delivered to your electronic mail address. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by terminating this Agreement. 10. Hacking. If you use or attempt to use the FDRP Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the FDRP Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FDRP SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE FDRP SERVICE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FDRP AND FDRP'S LICENSORS (COLLECTIVELY REFERRED TO AS "FDRP" FOR THE PURPOSES OF SECTIONS 11) AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FDRP SERVICE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF CONTENT, COMPLETENESS, LEGALITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FDRP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FDRP SERVICE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE FDRP SERVICE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FDRP SERVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FDRP SERVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FDRP OR AN FDRP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FDRP SERVICE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. FDRP disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. FDRP disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the FDRP Service. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FDRP SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA. 12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FDRP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE FDRP SERVICE ARISING FROM ANY CLAIM RELATING TO THIS LICENSE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF FDRP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FDRP SERVICE, FROM INABILITY TO USE THE FDRP SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FDRP SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FDRP SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FDRP SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FDRP SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FDRP SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FDRP SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FDRP SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. In no event shall FDRP's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Without limiting the foregoing, under no circumstances shall FDRP be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 13. Export Control. You may not use or otherwise export or reexport the FDRP Service except as authorized by United States law and the laws of the jurisdiction in which the FDRP Service was obtained. In particular, but without limitation, the FDRP Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the FDRP Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. 14. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 15. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the FDRP Service licensed hereunder and supersedes all prior or contemporaneous understandings, written or oral, regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use FDRP's online store which will govern your use of such store and any FDRP Services you purchase through that store. Any waiver of any provision of the agreement will be effective only if in writing and signed by FDRP. No amendment to or modification of this License Agreement will be binding unless in writing and signed by FDRP. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern. 16. Miscellaneous Provisions. These terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms to be unenforceable, the remainder of the agreement will continue in full force and effect. This License will remain in force until terminated. You may terminate this License by contacting us via electronic mail or our Corporate Office telephone number. We may terminate this License at any time without notice to you, and will do so if your employer determines that you are no longer eligible to use the Service, if your employer ceases to be a client of FDRP, or if there is a material breach of any provision of this License. Other than in the case of fraud, termination will have no impact on any payments outstanding. No refund, resale or return. You agree that you will not sell, barter, exchange or otherwise transfer to any other person for cash or other consideration goods or services obtained through use of the FDRP Service. You agree not to return goods to the merchant for cash or any other consideration other than for direct exchange of damaged or defective goods. You agree not to ask for cash for services that you ordered but did not accept. You understand that FDRP will not refund or credit your account, or seek a refund or credit, or otherwise negotiate with the merchant or vendor on your behalf. Penalties for misuse. The FDRP Service provides you with access to online courses and certification materials set up by you or for your employer/program sponsor by FDRP. These materials are licensed by yourself or your employer/program sponsor. In addition to other legal remedies, your refusal to follow the terms of this Agreement or providing false or fraudulent statements regarding the items or services you have purchased may result in disciplinary action by your employer/program sponsor including, but not limited to, termination of your use of the FDRP Service or termination of employment. FDRP may also initiate legal action against you. Contact Information. For assistance, contact FDRP support at (904) 491-6690 or email us at support@fdrp.com. FS0990 Rev 02/19/09</p>
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