E-Learning Terms of Service
ROVEMA NORTH AMERICA, INC. TERMS OF E-LEARNING SERVICE
Effective: November 21, 2023
By clicking on the “I Accept” button or by accessing or using the Services (a) you acknowledge that you have read and understand this Agreement, (b) you accept this Agreement and agree that you are legally bound by its terms, (c) if you are agreeing to this Agreement as an individual, you represent and warrant that you are of legal age (typically 18 years of age or older in most jurisdictions) and that you have the right, power, and authority to agree to this Agreement, and (d) if you are agreeing to this Agreement on behalf of an organization, you represent and warrant that you have the legal authority to bind that organization. If you do not accept this Agreement, you may not access or use the Services.
These Terms of Service (“Agreement”) is a binding legal contract between you (“you” or “your”) and Rovema North America, Inc., a Georgia corporation (“Rovema”). This Agreement governs your access and use of the services provided by Rovema under this Agreement that are detailed on Rovemas’ website available at www.rovema-na.com/en/packaging-machinery-training-platform-for-rovema-packaging-machines (the “Website”) and reflected in your order (“Services”). This Agreement is effective as of the date you click “I Accept” (the “Effective Date”).
1. Access. Subject to the terms of this Agreement, you may access and use the Services in accordance with the subscription plan listed on the Website and reflected in your order during the Subscription Term solely for your internal business purposes. If you are an organization, only your employees may access and use the Services under the preceding sentence (subject to any limitations set forth in your subscription plan).
2. Use Restrictions. You shall not (and you shall not permit your employees to), directly or indirectly, (a) copy, modify, or create derivative works of the Services, any software component of the Services, or any content or materials (including the videos) accessible through the Services, (b) make the Services (or any content, materials, videos accessible through the Services) available to any third-party, except as expressly permitted in this Agreement, (c) reverse engineer, disassemble, decompile, or otherwise attempt to gain access to any software component of the Services, (d) remove any proprietary notices from the Services, or (e) use the Services in any manner that infringes, misappropriates, or violates the intellectual property right (or other right) of any third-party or any applicable law or regulation.
3. Aggregated Statistics. Rovema may monitor your use of the Services and collect and compile data and information related to your use of the Services to be used by Rovema in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). You acknowledge that Rovema may compile Aggregated Statistics based on Your Data. Rovema may (a) make Aggregated Statistics publicly available in compliance with applicable law, and (b) use Aggregated Statistics to the extent and in the manner permitted under applicable law.
4. Suspension. Rovema may suspend or terminate your access to and use of the Services at any time without notice if Rovema believes (a) that any activity or use of the Services in connection with your account violates this Agreement, the intellectual property rights of a third party, or applicable laws, or is otherwise disruptive or harmful to Rovema or any third party, or (b) that Rovema is required to suspend or terminate your access by law.
5. Account Use. You are responsible for all uses of the Services resulting from access provided by you (whether or not such access is prohibited by this Agreement). You are responsible for keeping your passwords and access credentials associated with the Services confidential. You shall not sell or transfer them to any other person or entity. You will promptly notify Rovema about any unauthorized access to your passwords or access credentials.
6. Your Data. As between you and Rovema, you own all right, title, and interest in any data, information, or material transmitted by you through the Services (“Your Data”). You hereby grant Rovema a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license to copy, distribute, display and perform, publish, prepare derivative works of, and otherwise use Your Data for the purposes of providing, improving, and developing Rovema’s or its affiliates’ products and services. You represent and warrant to Rovema that you have all rights necessary to grant the licenses in this Section.
7. Third-Party Products. You may have access to products, services, websites, or content owned by third-parties and accessible through the Services (“Third-Party Products”). Any such Third-Party Products are subject to their own terms and conditions presented to you for acceptance. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.
8. Fees. You shall pay Rovema the then-current fees for the Services as described on the Website in accordance with your subscription plan (“Fees”). All Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes and charges imposed by any governmental entity on any amounts payable by you under this Agreement.
9. Payment Terms. Rovema accepts payment by credit card, debit card, and automated clearing house. You authorize Rovema to charge your card or bank account, as applicable, for all Fees as they become payable. You represent and warrant that (a) the information you supply to Rovema is correct and complete, (b) you are duly authorized to use such payment method for the purchase, and (c) charges incurred by you will be honored by your credit/debit card company or bank, as applicable. All Fees for a month-to-month subscription plan will be paid in advance in monthly installments. All Fees for an annual subscription plan will be paid in advance in annual installments. All Fees will be updated to the pricing set forth on the Website at the time your Subscription Term renews. You acknowledge that your Subscription Term will automatically renew and that you will continue to be charged until the Subscription Term is cancelled. All Fees are non-refundable. Rovema is not required to refund any Fees for any partial Subscription Term. You are responsible for all Fees for the entire Subscription Term. If payment is not made in a timely manner, Rovema may charge interest at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, calculated from the date payment was due. You shall pay any costs of collection (including reasonable attorney’s fees and court costs) incurred by Rovema in collecting any amounts due under this Agreement.
10. Intellectual Property; Feedback. As between you and Rovema, Rovema owns all right, title, and interest, including all intellectual property rights, in and to the Services, Aggregated Statistics, and all content and materials (including the videos) accessible through the Services (other than Your Data). If you communicate to Rovema any suggestion or idea for modifying Rovema’s products or services (“Feedback”), Rovema is free to use such Feedback. All Feedback is non-confidential. Without compensation, you hereby assign to Rovema all right, title, and interest in the Feedback, including all associated intellectual property rights.
11. Warranty Disclaimer. The Services (including all content, materials, and videos accessible through the Services) are provided “as is” and Rovema and its affiliates specifically disclaim all warranties, whether express or implied. Rovema and its affiliates specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Rovema and its affiliates make no warranty that the Services, or any results of the use of the Services, will meet your requirements, operate without interruption, achieve any intended result, be compatible with your or any third party’s software or system, be secure, accurate, complete, free of harmful code, or error-free. Rovema and its affiliates disclaim all warranties with respect to Third-Party Products. This Section applies to the extent permitted by applicable law.
12. Indemnification. You shall indemnify and, at Rovema’s option, defend Rovema and its affiliates and their shareholders, directors, officers, members, managers, employees, and agents (collectively, “Rovema Parties”) from and against any and all losses, liabilities, claims, actions, damages, and expenses (including attorney’s fees) (collectively, “Claims”) arising from (a) any allegations that Your Data, or any use of Your Data in accordance with this Agreement, infringes or misappropriates a third party’s rights, including any intellectual property rights, (b) your negligence, willful misconduct, or use of the Services in a manner not authorized by this Agreement, or (c) any inaccuracy or breach of any representation, warranty, or obligation under this Agreement by you. You shall not settle any indemnified claim against Rovema, without the prior written consent of Rovema. Rovema may, at its option, defend itself against any indemnified claim brought by a third-party by counsel of Rovema’s own choice.
13. Limitation of Liability. To the extent permitted by applicable law, Rovema and its affiliates will not be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues or diminution in value, arising out of any breach of this Agreement, regardless of (a) whether any such damages were foreseeable, (b) whether or not Rovema was advised of the possibility of any such damages, (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and (d) the failure of any agreed or other remedy of its essential purpose. To the extent permitted by applicable law, Rovema’s and its affiliates’ aggregate liability arising out of this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, will not exceed the greater of $500 or the total amount paid to Rovema in the 12 month period preceding the last event giving rise to the liability.
14. Subscription Term. This Agreement begins on the Effective Date and continues for the term of your subscription plan (“Subscription Term”). The month-to-month Subscription Term will renew for consecutive monthly terms, unless the subscription is cancelled before the start of any such renewal term. The annual Subscription Term will renew for consecutive annual terms, unless the subscription is cancelled before the start of any such renewal term.
15. Cancellation by You. You may cancel a Subscription Term for convenience at any time by following the cancellation process on the Website. Your cancellation of a month-to-month Subscription Term is effective at the end of the applicable monthly period and your cancellation of an annual Subscription Term is effective at the end of the applicable annual period.
16. Cancellation by Rovema. Rovema may cancel your Subscription Term for convenience at any time upon notice to you (effective at the end of the then-current Subscription Term, without renewal). If you materially breach this Agreement, Rovema may cancel your Subscription Term for cause effective immediately upon notice to you and may retain any prepaid Fees.
17. Modifications. Rovema may modify this Agreement (including the subscription plans) from time to time by posting such modifications on the Website and notifying you of the modifications through your account or through direct email communication from Rovema. Such modifications will be accepted and become effective 20 days after such notice, unless you first give Rovema written notice of rejection of the modifications. In case of such rejection, this Agreement (including the subscription plans) will continue under its original provisions, and the modifications will become effective at the start of your next Subscription Term renewal (unless you first cancel the Subscription Term pursuant to Section 15). You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.
18. Force Majeure. Rovema will not be deemed to have breached this Agreement for any failure in performing any term of this Agreement to the extent any such failure results from acts beyond Rovema’s reasonable control.
19. Miscellaneous. This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all other agreements, whether written or oral, between the parties. This Agreement is governed by Georgia law. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this Agreement or the subject matter of this Agreement, a party may only bring such a proceeding in the federal or state courts siting in Georgia. You shall not transfer any of your rights or obligations under this Agreement without the prior written consent of Rovema. Any purported transfer in violation of this Section is void. Rovema may freely transfer its rights and obligations under this Agreement. Any notices to Rovema must be sent to 4366 Shackleford Rd, Ste A, Norcross, GA, 30093, Attn: Legal Department, and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by Rovema. You hereby consent to receiving electronic communications from Rovema. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, such unenforceability will not affect any other term of this Agreement or render unenforceable any such term in any other jurisdiction. No waiver under this Agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions. Sections 3, 6, 10-12, 16-19, your obligations to pay any amounts due, and any other Sections necessary to give effect to their intent, will survive the expiration or termination of this Agreement.