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These Beta Terms of Use (“Terms of Use”) is made between Professional Curiosity Inc. (“we” or “us”) and the user (“you”) of the R2R Demo Trial site, and the products, services and materials made available by way of the R2R Demo Trial site (“Offering”). By accessing or using the Offering you agree to abide by these Terms of Use.

We reserve the right to update and change this Terms of Use from time to time by posting the updated Beta Terms of Use in a manner accessible on or through the Offering. Continued use of the Offering indicates continued acceptance of these Beta Terms of Use.

The parties agree as follows:

1. Introduction. You have agreed to participate in the be testing phase for the Offering (“Beta”). As part of the Beta you will be given access to the Offering in exchange for performing certain tasks within the Offering and providing your feedback.

2. Grant. During the Beta Term, we grant you a limited, personal, non-transferrable, non-exclusive right to use the Offering solely for the purpose of testing the Offering and providing the Feedback. You shall not permit any other person or entity to access the Offering by way of your credentials. During the Beta Term, you grant us full and free access to your instance of the Offering to allow us to perform Offering testing. You agree we may use our and our affiliates directors, officers, employees, consultants, contractors and agents (“Representatives”) to exercise its rights under these Terms of Use.

3. Engagement. As part of the Beta, you agree to: (a) test the functionality of the service across all devices (desktop, tablet, mobile); (b) submit to an interview/survey on your knowledge and awareness with the material, your current experience and/or designation within the Incident Command System, as well as the perceived value of this service; (c) complete and submit bug, issue and error reports, potential improvements and general feedback (“Feedback”) to [email protected] as they are identified; and (c) participate in a 15 minute interview regarding your experience with the Offering, if asked.

4. Acknowledgements. You agree that you will not include anything in the Feedback that you are not lawfully entitled to use nor upload or enter anything into the Offering that you do not have the authority to upload or enter or would infringe a third party’s intellectual property rights.

5.  Limitations. The Offering is provided hereunder “as is”. We make no warranties in connection with the offering and specifically disclaim all implied warranties, including warranties of merchantability, non-infringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. We and our Representatives shall not be liable for: (I) any direct, indirect, consequential, incidental, exemplary, punitive or special, characterized as lost revenue, lost savings or lost profits; even if we or our Representatives has been advised of the possibility of such damages in advance.

6. Ownership. You acknowledge that all right, title and interest in and to our confidential information, the Offering and the results of analytics, benchmarking or testing conducts on your use of Offering will at all times vest in and remain our property. Once submitted, Feedback, no matter the submission format, becomes our property and we are and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, without obligation, royalty or restriction.

7. Confidentiality. Our confidential information shall include, without limitation, any and all non-public information relating to the Offering, the Beta and Feedback. You agree you will not disclose any information pertaining to the Offering, the Beta or the Feedback to any third parties, including, without limitation, disclosing any descriptions of the functionality of the Offering or any Feedback. You agree you will not use our confidential information for any purposes other than participating in the Beta. You agree to notify us immediately in the event of a breach of this section and promptly take reasonable steps to remedy the breach.

8. Term and Termination. This Terms of Use shall be in force from the time that you begin using the Offering and shall continue for 30 days (“Beta Term”). We reserve the right to terminate these Terms of Use immediately upon notice to you or by terminating your access to the Offering. On expiry or termination of these Terms of Use, you agree to cease using Offering materials and our confidential information and destroy any offering materials and confidential information in your possession and, at our request, confirm in writing that the actions have been carried out. The following Sections shall survive termination or expiration of these Terms of Use: 4 through 9 inclusive.

General: Forebearance by a party shall not constitute the party’s waiver. No waiver shall be effective unless made in writing by the party. These Terms of Use are the whole contract and supersedes all existing agreements and understandings, writing or oral, between the parties relating to the subject matter of these Terms of Use. If any provisions of these Terms of Use are held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remainder of these Terms of Use will not in any way be affected. These Terms of use shall be governed by the laws of British Columbia, Canada. The parties hereto shall execute, acknowledge and deliver all further assurances, instruments and documents that may be necessary or appropriate in order to carry out the intent and purposes of these Terms of use. A party shall not be liable for any failure of or delay in the performance of these Terms of Use for the period that such failure or delay is due to causes beyond its reasonable control. You may not assign these Terms of Use or any of your rights and obligations hereunder without our written consent. These Terms of Use are binding upon and ensures to the benefit of the parties and their respective successors and assigns.

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