FTOCloud, LLC (“FTOCloud,” “we,” or “us”) shall provide service to you (the “User” or “you”) and this agreement (the “Agreement”) embodies the terms and conditions of such service and is a legally binding agreement between the User and FTOCloud. FTOCloud provides web-based services to Users that allow them to manage users, training plans, completions, and training documents (all referred to as the "Service") through the domain ftocloud.com, and all related subdomains, herein after referred to as the "Site". FTOCloud, LLC (“FTOCloud,” “we,” or “us”) shall provide service to you (the “User”) and this agreement (the “Agreement”) embodies the terms and conditions of such service and is a legally binding agreement between the User and FTOCloud. This agreement states the relationship between FTOCloud and the User, as well as our obligations to you and your obligations to us. This Agreement represents the full and complete agreement between FTOCloud and the User. By using the Site in any way, you are agreeing to comply with this Agreement, our Privacy Policy, and any other legal notices or guidelines that we may post on our site. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Site or use any services offered by FTOCloud. FTOCloud may from time to time notify you of changes, additions or amendments to this Agreement, and your continued use of FTOCloud’s Services and the Site after such notification will signify and constitute the User’s agreement with any such changes, additions or amendments.

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR FTOCLOUD AND THE SITE YOU WILL BE ACKNOWLEDGING THAT YOU HAVE BECOME A PARTY TO AND WILL BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES.

1. Introduction


Purpose
We provide web-based training management solutions for the public safety sector.

The mission of FTOCloud is to enchance the safety and accountability of public safety agencies and the communities they serve through the application of a web-based training management platform.

Scope and Intent
By accessing and using this Site, you agree to these User Terms, as well as our Privacy Policy.

You agree that by registering for FTOCloud or by using the Site or Services, you are entering a legally binding contract with FTOCloud LLC based on these User Terms and the Privacy Policy located on this Site. If you are using this site on behalf of a business, company, or corporation, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with FTOCloud. If you do not agree to this Agreement or the Privacy Policy, do no register, sign up, or join FTOCloud, and do no access, view, download, or otherwise use any FTOCloud service, webpage, or content. By registering for this Site and its services, or by accessing any pages, either as a User or as a visitor, you agree to the terms and conditions of this document, as well as the Privacy Policy.

2. Our Obligations


Service Availability
We may change or discontinue services, and we don't guarantee to continue showing or storing your content.

While FTOCloud offers services to Users, we may modify, update, and improve or otherwise change the services we offer. At any time, we may discontinue, remove access, terminate, or otherwise modify services offered by FTOCloud, either partially or completely, with or without notice. Users may or may not be notified of these changes.

Furthermore, FTOCloud reserves the right to suspend or remove content from any User, with or without notice, which is contrary to this agreement. FTOCloud has no obligation to store or otherwise, maintain, or provide you a copy of any content that Users store through their respective accounts. We may also remove certain content as required by local law with or without notice.

Third Party Content
We are not liable for any content posted that comes from third party sources.

While using FTOCloud services, you may encounter third party content that may be inaccurate, incomplete, unavailable, illegal, offensive, or otherwise harmful. Unless where noted, we do not review such content. You agree that FTOCloud is not responsible for any third party content that may be posted on the Site.

What We Own
FTOCloud owns all rights to our software and intellectual property.

All content and services available on the Site, and all content provided by or through FTOCloud or through its affiliates, subsidiaries, employees, agents, licensors or other commercial partners, including, but not limited to software, informational text, "look and feel", photographs, videos, software documentation, files, documents, images, and other materials, whether posted publicly, or privately, as well as all derivative works thereof (collectively known as "services"), are owned by, and are property of FTOCloud or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secrets, or intellectual property laws.

Monitoring Your Information
Your information may be filtered for content, and you may be asked to remove inappropriate content.

While we may occasionally monitor the content that you associate with FTOCloud services, we are not obligated to do so. At any time, we may remove, or require you to remove content contrary to this Agreement, contrary to law, as well as content that is deemed unacceptable, inappropriate, harmful, and/or in violation of this Agreement. FTOCloud also reserves the right to remove content, or share content to protect FTOCloud, satisfy any legal obligations, or allow for the operation of FTOCloud services.

3. User Obligations


Rights to Use What We Own
You are granted a non-exclusive license to use our software pursuant to this agreement.

Subject to this Agreement, FTOCloud provides you with a limited, non-exclusive, revocable, non-transferable license to use the Site and services provided by FTOCloud, in accordance with this agreement. This license does not allow you, and you agree not to: store, copy, distribute, reproduce, download, scrape, modify, upload, hack, reverse engineer, reverse assemble, decipher, reprogram, and/or otherwise make any attempt to discover or reproduce any programming code or source code used anywhere on the Site or services offered by FTOCloud. You may not sell, transfer, or distribute any services offered by the Site. We reserve all rights not expressly granted in this Agreement.

Data You Upload
You are responsible for all data and content posted to FTOCloud.

You are responsible for all data, information, text, photographs, images, documents, and any other content posted, uploaded, or stored in connection with your use of FTOCloud and associated services. FTOCloud is not responsible for such content. You grant FTOCloud a royalty-free, non-exclusive license to host, store, and use your content in order to provide Services. FTOCloud is not responsible for any content that may be lost or unrecoverable through your use of our Service. We do encourage you to backup and archive all of your content regularly.

Third Party Account Access
Before using a third party service to log in to FTOCloud, ensure you know and understand their agreements.

FTOCloud may offer access to services or login capabilities by using accounts that you may have through an existing third party service. When you provide us information, you grant us access to your third party accounts, and you acknowledge that you have read and agreed to any written contracts governing access and use of these accounts, including but not limited to login information, content access, and personal data.

Separation of Accounts
You can only manage data and content specific to your business.

By using the Site and the services offered by FTOCloud, you agree to use the services only for your business. Data scraping, account sharing, or otherwise using one account for multiple agencies, businesses, or organizations is expressly prohibited by the aforementioned license.

5. Acceptable Use Policy


Please review the Acceptable Use Policy as part of this Agreement.

6. Liability


Disclaimer of Warranty
Please read this disclaimer in its entirety.

FTOCLOUD IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DO NOT RELY ON FTOCLOUD OR ANY OF ITS SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE, ITS CONTENT, OR THE SERVICES PROVIDED. FTOCLOUD DOES NOT WARRANT THAT THIS SITE OR ITS SERVICES WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL. IF YOU ARE DISSATISFIED WITH FTOCLOUD, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND CONTRACT AS DEFINED IN THE PAYMENT SECTION OF THIS DOCUMENT, AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. FTOCLOUD DOES NOT HAVE THE OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THIS SITE, NOR DO WE HAVE THE OBLIGATION TO MONITOR USAGE BY ANY USERS. THEREFORE, WE DISCLAIM ANY AND ALL LIABILTY RELATED TO IDENTITY THEFT OR MISREPRESENTATION OF INFORMATION. ANY AND ALL SERVICES MAY BE DISRUPTED OR INTERRUPTED DUE TO MAINTAINENCE, UPDATES, OR SYSTEM FAILURES AT ANY TIME. FTOCLOUD DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY ANY INTERRUPTIONS. FURTHERMORE, WE DISCLAIM ANY LIABILITY FOR ANY MALFUNCTIONS IN EQUIPMENT, LACK OF ACCESS, DISTURBANCES IN SERVICE PROVIDERS, AND FOR ANY OTHER REASON. IN ADDITION, FTOCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE SITE TO ANYONE. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY DATA OR CONTENT ACCESSED OR POSTED ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. BY USING THIS SITE AND ITS ASSOCIATED SERVICES, YOU AGREE TO THIS DISCLAIMER.

Limitation of Liability
Please read this liability statement in its entirety.

FTOCLOUD WILL NOT BE LIABLE TO YOU, WHETHER UNDER THE LAW OF CONTRACT, OR THE LAW OF TORTS, OR OTHERWISE IN RELATION TO THE CONTENT OR USE OF THIS SITE AND SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO: FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS, OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF DATA. THIS LIMITATIONS OF LIABILITY APPLIES EVEN IF FTOCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE FTOCLOUD AND HOLD FTOCLOUD HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND THAT MAY COME FROM USING THIS SITE AND ITS SERVICES.

7. Agreement Information


Changes to Terms
Any changes to this agreement will be posted on the site, and will also be posted on this page.

This agreement is subject to change at any time. Changes to the agreement will be posted on the Site. FTOCloud may notify you of changes to the agreement using the e-mail address associated with your account, but we are not required to notify you. Furthermore, additional features may be added to this site and will be subject to the terms of this agreement. We encourage you to visit this page frequently.

Privacy
Our privacy policy can be found on our privacy policy page.

Our privacy policy can be accessed on our privacy policy page. FTOCloud reserves the right to modify our privacy policy at any time, and notification of changes to the privacy policy will be posted on this site. Notification of changes to the privacy policy may be sent to the e-mail address on file for the user, but e-mail notification is not required.

8. Severability


Severability Statement
Should any part of this be severed in court, the rest would remain a lawful, binding contract.

If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion therof to be unenforceable that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, shall be completely severable and the remainder of the Agreement shall remain in full force and effect.