Terms and Conditions

Welcome to RDMS Associates LLC!

These are the terms and conditions for:

https://www.rdms-associates.com

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website”, refer to RDMS Associates LLC’ website, “we”, “us”, “our”, and “RDMS Associates LLC”, refer to RDMS Associates LLC, and “you”, and “user”, refer to you, the user or client of RDMS Associates LLC.

The following terms and conditions apply to the website and services offered by RDMS Associates LLC. This includes any version of RDMS Associates LLC accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of RDMS Associates LLC. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly. RDMS Associates LLC may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions. By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing RDMS Associates LLC with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

3. SERVICES

By using the services offered by RDMS Associates LLC through our website, you agree to be bound by the terms set forth in this services clause, as well as any additional terms that may be specifically applicable to certain services or content provided.

RDMS Associates LLC specializes in providing educational consulting with a focus on medical and healthcare simulation. Our services are designed to support educational institutions, healthcare facilities and professionals in implementing and enhancing simulation programs that facilitate learning and practice in controlled and safe environments.

The services we offer include, but are not limited to, planning and designing simulation programs, training instructors and staff, developing and adapting teaching materials, conducting audits of existing programs for optimization, and providing ongoing consulting to ensure the currency and relevance of simulation practices.

The information and content provided on the website is intended to serve as a general guide and in support of contracted services, but should not be considered a substitute for detailed, personalized professional advice. RDMS Associates LLC is committed to using all resources at its disposal to provide high quality services, tailored to the specific needs of each client.

When requesting our services, the client agrees to provide accurate and complete information necessary for the proper delivery of our services. This information will be treated with strict confidentiality and in accordance with our privacy policy.

The client agrees that the liability of RDMS Associates LLC shall be limited to the provision of services in accordance with the agreed terms. The company shall not be liable for indirect, incidental, consequential or punitive losses that may arise from the use of the services or the content of the website.

RDMS Associates LLC reserves the right to modify the terms of this clause and any other applicable terms and conditions, as well as the services offered and their features. Modifications shall be effective immediately upon posting on the website, and continued use of the services following such posting shall constitute acceptance of the new terms and conditions.

4. BILLING AND PAYMENT

By engaging the services of RDMS Associates LLC, the client agrees to adhere to the billing and payment terms set forth in this clause. RDMS Associates LLC agrees to issue invoices for services provided in accordance with the terms agreed upon in the individual service contract or proposal accepted by the client.

Invoices will be sent to the client electronically to the email address provided by the client at the time of contracting, or by any other method agreed between the parties. Each invoice will include a detailed description of the services provided, the cost of each service, the invoice date and the accepted methods of payment.

The specific term for payment of each invoice will be established in the invoice itself and in the corresponding service contract. It is the client’s responsibility to make payments in accordance with these established deadlines to ensure the continuity and effectiveness of the contracted services.

As a method of payment, RDMS Associates LLC offers the option of using PayPal, thus facilitating payments to be made securely and efficiently online. The details required to complete payment via this method will be provided on each invoice.

In the event of any discrepancies or errors on the invoice, the client must contact RDMS Associates LLC within fifteen (15) days of the date of receipt of the invoice to resolve any issues. If no notification is received within this time frame, the customer will be deemed to have accepted the invoice without reservation.

RDMS Associates LLC reserves the right to change the billing and payment terms. Any changes will be communicated in a timely manner to the client and will be applicable to services billed after the effective date of such changes. These terms form an integral part of the contractual agreement between RDMS Associates LLC and the client, and their acceptance is a requirement for the provision of any services.

5. LIMITATION OF LIABILITY

RDMS Associates LLC provides consulting services in the field of medical and healthcare education, specifically in medical and healthcare simulations. While RDMS Associates LLC strives to provide high quality services and apply the most rigorous professional standards, the company sets limitations on its liability with respect to the provision of such services.

RDMS Associates LLC’s liability to the client shall be limited solely to reimbursement of payments received for services directly related to any incident that may arise. In no event shall RDMS Associates LLC be liable for indirect, special, incidental, consequential or punitive damages, including, but not limited to, loss of revenue, business interruption, loss of use, loss of data, or costs of substitute services, even if RDMS Associates LLC has been advised of the possibility of such damages.

RDMS Associates LLC does not warrant that the services will perform uninterrupted or error-free to meet the customer’s needs or expectations. Nor does RDMS Associates LLC warrant that the data, materials, content or processes provided or used in the course of the services will be accurate, complete, reliable, current or error-free. RDMS Associates LLC shall not be liable for errors resulting from incorrect or incomplete information supplied by the client or third parties.

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration or use of the record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

Customer agrees to indemnify and hold RDMS Associates LLC, its officers, employees, agents and successors in rights harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Customer’s use of the Services, Customer’s violation of these Terms and Conditions or Customer’s infringement of any third party rights.

Acceptance of these terms constitutes a fundamental agreement without which RDMS Associates LLC would not have proceeded with the contract with the client. These terms of limitation of liability shall remain in effect beyond the termination of any services offered by RDMS Associates LLC.

6. COPYRIGHT

All content on the RDMS Associates LLC website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by RDMS Associates LLC or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on RDMS Associates LLC are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without RDMS Associates LLC prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize RDMS Associates LLC or any part of the material for any purpose other than its intended purposes is strictly prohibited.

7. COPYRIGHT INFRINGEMENT

RDMS Associates LLC will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). RDMS Associates LLC respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that RDMS Associates LLC can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

8. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

9. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by RDMS Associates LLC in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

10. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, RDMS Associates LLC provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error-free. We will not be liable to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse RDMS Associates LLC for any loss or damage caused as a result.

RDMS Associates LLC shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, RDMS Associates LLC excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to RDMS Associates LLC and RDMS Associates LLC shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from RDMS Associates LLC.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

11. ELECTRONIC COMMUNICATIONS

RDMS Associates LLC will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

12. INDEMNIFICATION

You agree to defend and indemnify RDMS Associates LLC from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website and services.

13. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

14. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by RDMS Associates LLC, shall constitute the entire agreement between you and RDMS Associates LLC concerning and governs your use of the website and the services.

15. FORCE MAJEURE

RDMS Associates LLC shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

16. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and RDMS Associates LLC. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

17. APPLICABLE LAW AND JURISDICTION

These terms of service shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Utah. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Utah. This applies unless binding arbitration is agreed to in the applicable section.

18. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

19. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

RDMS Associates LLC.

Email: info@rdms-associates.com

Phone: Phone: 800-935-7111