Terms of Service

Version 1.1.4.1 · October 16, 2026 · Rockbeach, LLC

These Terms of Service were last updated on October 16, 2026

1. Agreement to Terms

Welcome to rockbeachtraining.com and gowhitecaps.com, websites operated by Rockbeach (individually and collectively, the “Website”). These terms of service (the “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Rockbeach, LLC (“Rockbeach”, “we”, “our”, or “us”) concerning your access to and use of the Website, the Rockbeach platform (the “Platform”), the Rockbeach Items (as defined below), the Application Information (as defined below) and any related mobile, web, or desktop services, software, tools, or applications (collectively, the “Rockbeach Items”). The “Applications” mean the services and applications available on or through the Platform, through mobile devices or otherwise provided by Rockbeach. By accessing, using, or continuing to use any of the Rockbeach Items, you agree to be bound by these Terms. Your use of the Rockbeach Items is also subject to our Privacy Policy. Your use of, and participation in, certain Applications may be subject to additional terms and conditions (“Application Terms”), which will be listed in these Terms, set forth in that Application, or presented to you for your acceptance when you request use of or access to that Application. If you do not agree to these Terms, do not access or use the Rockbeach Items, and these Terms shall terminate.

2. Modifications to Terms

We reserve the right, in our sole discretion, to modify, amend, or update these Terms at any time and for any reason, including to reflect changes in the law, improvements to the Rockbeach Items, or changes in our business practices. We will post the updated Terms on the Website and update the “last updated” date at the top of these Terms. We may, but are not obligated to, notify you of material changes through the Rockbeach Items or by email. The most current version of these Terms will always be available on the Website and will supersede all prior versions. It is your responsibility to review these Terms regularly to stay informed of any changes. Subject to applicable law, your continued access to or use of any of the Rockbeach Items after updated Terms are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop accessing and using the Rockbeach Items immediately.

3. Eligibility

You must be at least 16 years old and reside in the United States to use the Rockbeach Items. We will refuse registration to anyone under 16, and we use your date of birth to confirm eligibility as described in our Privacy Policy. If you are under 18, you may only use the Rockbeach Items under the supervision of a parent or guardian who agrees to be bound by these Terms and is fully responsible for your use. Until you turn 18, your profile will not be visible to any hiring organization. If you are under 16 and hold an account, or if you are 16 or 17 and your parent or guardian has not agreed to these Terms, you or your parent or guardian may ask us to close the account, without giving a reason, and we will do so. Rockbeach may also issue review access directly to a named adult with whom we have an existing relationship (such as an athletic director, professor, or recruiter) using a code we provide. Such review accounts are created by Rockbeach, are not subject to the date-of-birth check, and cannot be viewed by hiring organizations.

4. About Rockbeach Training

Rockbeach is a United States-only sales training service for people who want to work, or already work, in ticket sales for college and professional sports, and for people in other sales and customer-service roles. It is offered to individual students, schools and educational users, and employers and other organizations. It contains written material, practice scenarios, a simulated ticketing system, exams, and a certificate for those who pass the certification exam at the required mark. It is training. It is not a job, a placement service, or a guarantee of employment.

5. What Rockbeach Is Not

Rockbeach is not a school, college, or educational institution, and does not act as part of one. A professor or instructor may assign the Rockbeach Items in the same way they would assign a textbook, case study, or website, and doing so does not make Rockbeach part of, or an agent of, that professor’s institution. Rockbeach has no relationship with any professor beyond their use of the Rockbeach Items, and none with their institution unless that institution has separately purchased training for its own staff. Rockbeach does not grant academic credit, does not hold any academic record, and does not report to any registrar. Where an organization purchases training for its employees, that training is workplace training for staff and not schooling. Purchasing a Subscription or earning a certificate does not guarantee employment, a job interview, or job placement.

6. User Accounts

To access certain features of the Rockbeach Items, you may be required to register for a user account and provide accurate, current, and complete information. You agree to maintain and promptly update your information as needed to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your account credentials (such as your username and password) and for all activities that occur under your account, whether authorized by you or not. Each account is intended for use by a single individual only, including accounts provided to you by a school, educational user, employer, or other organization. Sharing your account credentials or allowing others to access or use your account is strictly prohibited. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Rockbeach is not liable for any loss or damage resulting from your failure to comply with this section. We reserve the right, in our sole discretion and without prior notice or liability, to suspend, deactivate, or terminate your account; restrict or deny access to the Rockbeach Items; or reclaim usernames, including in cases of suspected violations of these Terms, inactivity, or conduct deemed harmful to Rockbeach, other users, or the integrity of the Rockbeach Items.

You may sign in with your email address and a password or with Google. Work done under your sign-in is treated as your work. An invitation from Rockbeach, a school, a manager, or a professor is a link that signs you in once so you can set a password; once a password is set, the link no longer signs anybody in. Some older accounts, and a school’s rep with no email address on file, sign in with an access code until a password is set. You must treat any invite link or access code like a password for as long as you hold it. You may not create an account for anyone else.

8. Monitoring

Rockbeach reserves the right, in its sole and absolute discretion, to review, monitor, refuse to post, unpublish, or remove any content or material you submit to or post on the Rockbeach Items, at any time and for any reason, with or without notice. Without limiting the generality of the foregoing, Rockbeach may remove any content that it determines, in its sole judgment, to be in violation of these Terms, infringing upon the rights of others, unlawful, offensive, or otherwise objectionable or inappropriate for any reason. Rockbeach may cooperate with law enforcement agencies, regulatory authorities, or third parties in the investigation of any suspected or alleged criminal activity, civil wrong, or other unlawful conduct. Except as may be expressly limited by our Privacy Policy, Rockbeach reserves the right at all times to disclose any information as it deems necessary to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; or (iv) protect the rights, property, or safety of Rockbeach, its users, or the public. You agree to indemnify and reimburse Rockbeach for any losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) incurred as a result of your use of the Rockbeach Items in violation of these Terms, applicable law, or for any prohibited or unauthorized purpose. Rockbeach further reserves the right to remove, disable access to, or take other action with respect to any User Generated Content that it believes may infringe the intellectual property rights or other rights of any third party, with or without notice to the user who submitted such content, and in accordance with applicable laws, including the Digital Millennium Copyright Act.

9. Acceptable Use

By using the Rockbeach Items, you agree not to: (a) use the Rockbeach Items for any unlawful, harmful, or exploitative purpose; (b) share, sell, license, or commercially exploit any content obtained from the Rockbeach Items, including training materials, practice scenarios, and exam questions or answers; (c) use the Rockbeach Items to infringe the rights of any third party, including rights of privacy, publicity, or intellectual property; (d) attempt to reverse-engineer, decompile, scrape, crawl, harvest, or otherwise extract data or source code from the Rockbeach Items, including the simulated ticketing system; (e) upload or transmit viruses, malware, or disruptive code; (f) interfere with or attempt to circumvent our security features or access restrictions; (g) cheat on, or obtain or provide unauthorized assistance with, any exam, including by having another person take an exam on your behalf; and/or (h) misrepresent, alter, or falsify any certificate, score, or certification status issued by Rockbeach, including by claiming a certificate you did not earn or a score you did not achieve. Do not copy, republish, resell or share the course material, the questions, the scenarios, the exams, or any manual, playbook or other document we prepare for you or your organization, with anyone outside your own account or organization, without our written permission. Every certificate carries a code that anyone can check, as described in the section titled “Certificates and Grading.”

10. Certificates and Grading

(a) A certificate states only that you passed the Rockbeach certification exam at the required mark on a given date. It is not a license or an accredited qualification, and it is not recognized by any educational or professional authority. Rockbeach is not an accrediting institution. (b) Written answers and practice-call transcripts are graded automatically by software against a scale designed by Rockbeach, using a third-party model selected by Rockbeach. A grade is a judgment made by software, and it may be incomplete, inconsistent, or wrong. A grade is training feedback on your submitted responses, measured against how Rockbeach believes the work should be done, and is not an assessment of you as a whole person; it is based on nothing else: not an interview, a reference, or observation of you on the job. It reflects progress through this training as this training measures it. You are responsible for the accuracy, legality, and appropriateness of what you submit, and must not include information you do not have the right to provide. (c) No Rockbeach profile, match, grade, or certificate is a background check, reference check, consumer report, employment recommendation, or determination of eligibility, suitability, or fitness. Rockbeach is not a consumer reporting agency and does not provide consumer reports under the Fair Credit Reporting Act. Any recruiter, employer, or school must conduct its own fair, lawful, and appropriately reviewed process, provide any notices or rights the law requires, and must not use the Rockbeach Items as a substitute for a lawful background or reference check or as the sole basis for any employment, admissions, credit, or other legally significant decision. Rockbeach gives no warranty that any grade, certificate, or other output predicts job performance, suitability, or conduct. Anyone who relies on a grade or certificate does so at their own risk, and Rockbeach is not a party to any decision made using one. (d) You may challenge a grade and request human review through the method shown in the Rockbeach Items by identifying the work and explaining what you believe should be reconsidered. A person will review the submitted response, the automated grade, and its reasoning, and will uphold or change the grade. Human review does not guarantee a different result. While a timely challenge is pending, a school or employer should not treat the challenged grade as final for any significant decision. Human review is the exclusive process for challenging a grade. (e) Each certificate carries a unique code and a public verification page that third parties can use to confirm it is genuine. By earning a certificate, you consent to the display of your certificate information on that page as described in our Privacy Policy.

11. Practice Calls

A practice call is a spoken exercise with a simulated customer. The customer is software: there is no real person on the other end, no real ticket is sold, and no real account is charged. The simulated customer’s side is generated, not recorded. Practice calls are optional, and you can complete the course, sit every exam, and earn a certificate without taking one. Rockbeach does not keep recordings of your voice: each spoken answer is sent to a service provider to be turned into text, and only the text is kept, as described in our Privacy Policy. Practice-call transcripts and grades form part of your training record and are handled as described in our Privacy Policy. If you are on a roster paid for by an organization, that organization’s coach or administrator may read your transcripts, just as they may read your written answers. Rockbeach may offer a limited number of free practice calls, including to visitors without an account. To prevent abuse of that free allowance, Rockbeach uses a browser identifier that is not linked to your name. A practice call taken without an account is not attached to any account, and its transcript is handled as described in our Privacy Policy.

12. Subscriptions

Access to the Rockbeach Items, or certain features of them, may require a paid subscription (“Subscription”). Subscriptions may be purchased by individual students or by schools, educational users, employers, or other organizations (each, an “Account Owner”). Individual Subscriptions are offered at the price and billing period shown at checkout, which may include monthly and annual options. If checkout states that a Subscription renews automatically, you authorize Rockbeach and its payment processor to charge the payment method on file at each renewal until you cancel. You may cancel before the next renewal through the method shown in the Rockbeach Items; cancellation stops future renewals and does not shorten access already paid for. Subscription pricing, features, and limitations may change; we will make reasonable efforts to notify you in advance of any material price increase, and any price increase will apply from your next renewal. We reserve the right to cancel or revoke any Subscription for violation of these Terms. An Account Owner that is an organization may purchase access for, and assign access to, individual users, and is responsible for ensuring that each such user complies with these Terms. See our Payment Terms.

13. Matching with Hiring Organizations

Rockbeach may allow a hiring organization to view the profile of an individual who is seeking work, subject to the following: (a) only an eligible adult individual who has passed a recorded age check can turn matching on; it is off by default, is not required to use any other feature, and can be turned off at any time, after which the organization will no longer see the profile; no information about anyone who has not opted in is ever shown, and no profile is shown before the individual reaches at least 18 years old and has passed the certification exam; (b) hiring organizations view profiles within the Rockbeach Items, and Rockbeach does not export profile lists or send or hand over files or records, other than the résumé download described in (c); (c) once both sides have agreed, Rockbeach shows the individual the organization’s business contact address, shows the organization the individual’s email address, lets the organization download the individual’s résumé if one was uploaded, and notifies the hiring contact. Rockbeach does not share a phone number or any other information.. Rockbeach does not send messages between them. The Rockbeach Items do not include private messaging. (d) Individuals and hiring organizations are each customers under these Terms. A hiring organization pays for access to the service, not for anyone’s record, and no money is paid or received for any individual’s profile. Matching is a feature directed and controlled by the individual within the Rockbeach Items, and is not a sale of personal information; our Privacy Policy describes the information shown and the choices available. (e) A hiring organization must use the Rockbeach Items only for genuine, lawful, and nondiscriminatory recruiting. It must treat learner information as confidential, limit access to personnel who need it for that recruiting, use it only for the role or recruiting purpose for which it was viewed, and respect each learner’s visibility choices. It must not scrape, copy, photograph, download, export, retain, combine, resell, or redistribute learner information, except for a limited internal record that applicable law requires or that the learner provides directly outside the Rockbeach Items. It must not use the Rockbeach Items to send spam or make automated or unsolicited bulk contact, seek or use information about a minor, infer protected characteristics, or evade a learner’s choice to stop visibility. A hiring organization that records any information is solely responsible for its own handling of that information and for its own recruiting communications, screening, notices, accommodations, and employment decisions. (f) Users under 18 cannot turn on matching or be shown to hiring organizations. (g) Matching is an elective feature that allows users and hiring organizations who each choose to participate to find one another within the Rockbeach Items. Rockbeach is not an employment agency, employment referral agency, placement service, staffing firm, or recruiter under any federal, state, or local law. Rockbeach does not procure, offer, promise, or attempt to obtain employment for any individual, or employees for any organization; does not refer, recommend, screen, rank, or select candidates for any position; does not participate in any interview, hiring, or employment decision; and does not charge any individual a fee for matching or for any employment opportunity. Any contact, interview, offer, or employment relationship is solely between the individual and the hiring organization.

14. Organization Instances and Materials

(a) An organization that purchases training for its people may be given its own branded address (for example, theirname.rockbeachtraining.com) that displays its name and colors. Its people sign in there, and no other organization is named on it. A branded instance is the same service, operated by Rockbeach on the same systems and governed by these Terms. It is not a separate company or a separate database, and it is not a commitment that information is stored separately. (b) Training is tailored to each organization using its published materials, such as its prices, venues, schedules, and marks, from which Rockbeach builds a manual, a price map, and a set of exercises. By entering an organization’s details, or asking Rockbeach to set up an instance from its public materials, the organization grants Rockbeach a limited, non-exclusive license to use those materials solely to build and operate that organization’s instance. Rockbeach will not use those materials to train anything for anybody else or reproduce them outside that organization’s instance. The license lasts for the term of the organization’s agreement and for thirty (30) days thereafter to allow Rockbeach to wind down the organization’s instance, after which the license ends. If any material should not be used, the organization may tell us and we will remove it.

15. gowhitecaps.com

(a) gowhitecaps.com is operated by Rockbeach as the athletics site for Rockbeach University, a fictional institution used as a setting for the training; it is not a real school, and nothing on gowhitecaps.com makes Rockbeach an educational institution. Use of gowhitecaps.com is governed by these Terms.

(b) Game Leaderboard. You may play Avoid the Rocks without providing any information. If you choose to post a score to the leaderboard, you must provide the information requested, and your username and score will be displayed publicly. Usernames must comply with the content restrictions in the section titled “Your Content,” and Rockbeach may remove any username or score that violates these Terms or appears to have been obtained by cheating, automation, or manipulation of the game. Each person may hold only one place on the leaderboard. Leaderboard positions carry no prize or other value.

(c) Shop List. You may ask to be notified when merchandise becomes available. Rockbeach does not sell merchandise through gowhitecaps.com. Any order you place will be made with a third-party print-on-demand provider under that provider’s terms, and Rockbeach is not the seller of, and is not responsible for, any such order.

(d) Our handling of information collected on gowhitecaps.com, including how to unsubscribe or request removal, is described in our Privacy Policy.

16. Third-Party Services and Links

(a) Service Providers. Rockbeach uses outside services for functions such as hosting, storage, automated grading, simulated voice, speech-to-text, payment, email, sign-in, and optional text messages. Their availability and processing can affect the Rockbeach Items, and to the fullest extent permitted by applicable law, Rockbeach is not liable for any interruption, delay, or error caused by a third-party service provider. Our Privacy Policy identifies these providers and the information involved.

(b) Outside Links. The Rockbeach Items may contain links to sponsors or other third-party websites or services that are not owned or controlled by Rockbeach. Following such a link takes you out of the Rockbeach Items. Rockbeach does not control and is not responsible for the content, accuracy, security, availability, legality, or privacy practices of any such site or service, and a link does not mean Rockbeach endorses it. Your use of any outside site or service may be governed by its own terms and privacy policy, and you access it at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rockbeach with respect to any such site or service.

17. Modifications to the Rockbeach Items; Availability

Rockbeach may add, remove, or alter any aspect of the Rockbeach Items, including training materials, practice scenarios, the simulated ticketing system, exams, certification requirements, and technical requirements, at any time, without notice or liability to you. Rockbeach may also suspend, limit, or take offline all or any part of the Rockbeach Items at any time, with or without notice, for scheduled or emergency maintenance, upgrades, security reasons, or any other reason, and the Rockbeach Items may be unavailable or interrupted due to outages, including those caused by third-party service providers. Rockbeach has no obligation to provide any particular level of availability or uptime, to restore or repair the Rockbeach Items within any time period, to preserve any exam attempt, practice call, or other work in progress that is interrupted, or to provide any refund, credit, extension, or other compensation for any downtime or interruption, except as expressly stated in a signed order form.

18. Copyright Infringement

Rockbeach respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act and other applicable laws, we will respond promptly to claims of copyright infringement that are properly submitted to us. If you believe that any content available through the Rockbeach Items infringes your copyright, you may submit a written notification that includes the following information:

A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work you claim has been infringed;
A description of the material that you claim is infringing and that you are requesting be removed or access to which be disabled, including a URL or other reasonably sufficient means to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Such notices can be sent to us at:

Email: legal@rockbeachtraining.com

Mailing Address: Rockbeach, LLC, P.O. Box 55, Union, KY 41091

Please note that submitting a false or misleading infringement notice may result in legal liability. Rockbeach reserves the right to remove allegedly infringing content, terminate user accounts in appropriate circumstances, and take any other action it deems necessary to comply with the law or protect its rights.

19. Payments

All fees, including Subscription and any exam or certification fees, are listed in U.S. dollars. Fees already paid are non-refundable except where the checkout terms or applicable law require otherwise. You authorize us to charge your payment method for all applicable fees, and you are responsible for all applicable taxes. Card payments are processed by a third-party payment processor, as described in our Privacy Policy, and Rockbeach does not receive or store card numbers. We are not liable for payment failures caused by third-party processors. An organization may pay by card or request an invoice. Each invoice will state the agreed payment terms and is due as stated there. An organization must raise any good-faith dispute regarding an invoice promptly and must pay any undisputed amount when due. If an invoice remains unpaid after its payment terms, Rockbeach may, after reasonable notice, suspend the administrator dashboard and remove access for individual users. Rockbeach may also exercise its other rights under the applicable order form or applicable law, but will not impose a late charge unless the order form or invoice states it and applicable law permits it. An organization’s signed order form may set different pricing, seat, renewal, cancellation, tax, and payment terms; if it conflicts with this section or the section titled “Subscriptions,” the signed order form controls as to that organization.

20. Messages

Text messages from Rockbeach are off unless you opt in, and you can turn them off at any time in your profile or by replying STOP. Message frequency varies. Message and data rates may apply. We send service messages needed to operate or secure your account. Optional email and text messages require separate affirmative consent. Those choices are off unless you select them, consent is not a condition of purchase, and either choice can be turned off at any time in your profile. Optional text messaging is available only to users aged 18 or older. You can reply STOP to end texts or HELP for help. The exact wording you agreed to, its version and the date are stored against your account. Withdrawal stops future optional messages but does not undo messages already sent. Carriers are not liable for delayed or undelivered messages.

21. Your Content

(a) In using the Rockbeach Items, users may be permitted to post, stream, transmit or otherwise provide photos, videos, comments, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content on the Rockbeach Items, including written answers, practice-call transcripts, résumés, and profile photos (collectively “User Generated Content”). You alone, not Rockbeach, are responsible for monitoring the User Generated Content to ensure compliance with these Terms. You retain ownership of all User Generated Content. By submitting User Generated Content, you grant Rockbeach a non-exclusive, royalty-free, fully paid, worldwide license, sublicensable solely as described in this section, to host, store, reproduce, process, display, and transmit your User Generated Content solely as necessary to operate, secure, provide, and improve the Rockbeach Items; grade and review your work; issue and verify certificates; display your profile as you direct and honor your visibility choices; comply with applicable law; and provide support. This license includes the right to sublicense to the service providers described in our Privacy Policy, solely to perform services for Rockbeach, and to make your User Generated Content available to Rockbeach trainers and to an Account Owner’s authorized coaches or administrators for your roster, as described in these Terms. Rockbeach discloses your written answers only to the service provider that processes them for grading, to Rockbeach trainers, and to authorized coaches or administrators for your roster, as described in our Privacy Policy. Neither Rockbeach nor its service providers will use your written answers or practice-call transcripts to train any artificial intelligence or machine-learning model or for any purpose unrelated to providing the Rockbeach Items, and Rockbeach will not sell, license, or contribute your User Generated Content as training data. This license ends when your User Generated Content is deleted under our Privacy Policy, except for lawful backups and for the limited records that the Privacy Policy states may remain. We shall have the right to “roll up” various benchmarking results of your use of the Rockbeach Items (“Results”) with results of other customers’ use thereof, for use by us in the ordinary course of our business, including benchmark reporting and improving the course. The Results shall be aggregated and anonymized and will not be identifiable to any specific student or user, and Rockbeach owns all Results. You represent and warrant that you have all rights and permissions necessary to submit your User Generated Content and to grant the license stated above, and that your User Generated Content does not unlawfully include any other person’s confidential or personal information. In addition, you represent and warrant to us that you will not: (i) provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) create any liability for us or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; (iii) engage in any conduct that, in our sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Rockbeach Items; (iv) use the Rockbeach Items to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt any servers or networks used to provide the Rockbeach Items or their respective features, or disobey any requirements of the networks we use to provide the Rockbeach Items; (vi) gain unauthorized access to the Rockbeach Items, or any account, computer system, or network connected to these Applications or services, by any unauthorized or illegal means; (vii) obtain or attempt to obtain any materials or information not intentionally made available through the Rockbeach Items; (viii) use the Rockbeach Items to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising; (ix) engage in advertising or commercial solicitation of any product or service without our written consent; (x) gather for marketing purposes any email addresses or other personal information that has been posted by other users; nor (xi) post any identification documents or sensitive information about another person.

(b) We have the right but no obligation to monitor User Generated Content and other features of the Rockbeach Items to confirm your compliance with these Terms and any other operating rules established by us. We may in our sole discretion edit, refuse to post, or remove any User Generated Content submitted or posted through the Rockbeach Items. Subject to our rights to use or remove User Generated Content as described herein, we do not control any User Generated Content or materials that you or other Users provide. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the User Generated Content, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content. We are not responsible for any offensive, defamatory, obscene or any other posting made through the Rockbeach Items. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged to contact us immediately by email at legal@rockbeachtraining.com

(c) We are a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserve our rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Rockbeach Items. Notices of claimed copyright infringement must be submitted as described in the section titled “Copyright Infringement.”

(d) By using the Rockbeach Items, you agree that, to the fullest extent permitted by applicable law, we shall not be responsible for any losses or damages incurred as a result of using the Rockbeach Items, except as expressly set forth in these Terms, and you expressly waive any claim for such losses and damages relating in any way to your use of the Rockbeach Items against us and our officers, directors, employees, shareholders, agents, and representatives.

(e) The community board in the Rockbeach Items is closed to new posts. Posts made before it closed remain readable, and this section continues to govern them.

22. Data Privacy and Security

Your use of the Rockbeach Items constitutes your agreement to our Privacy Policy which is incorporated by reference and made a part hereof. The Privacy Policy explains how we collect and use your personal information. We use commercially reasonable methods to maintain the security of the Rockbeach Items, consistent with industry standards. While maintaining the security of your information is of the utmost importance to us, no security measures are 100% secure. You should take all appropriate precautions with your information. By using the Rockbeach Items, you assume the risk that the confidentiality, security, or integrity of your information may be breached. If you visit websites that are linked to or from the Rockbeach Items, you agree that we have no control over those websites and cannot guarantee the security of your information thereon.

23. Intellectual Property

(a) Ownership and License. Rockbeach and its licensors own the Rockbeach Items, including the course, software, design, question bank, practice scenarios, grading scales and grading materials, and the Rockbeach names and Marks. Subject to your compliance with these Terms, Rockbeach grants (i) each individual user a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Rockbeach Items in the United States, solely for their intended training purpose and only while that user’s access is active; and (ii) each organization that is an Account Owner the same limited right for its authorized users, solely for its own internal training, school administration, or recruiting use, subject to the number of seats it has purchased and any applicable order form. No right granted under these Terms is sublicensable, and nothing in these Terms transfers any ownership in the Rockbeach Items to you. Your User Generated Content, including your written answers, résumé, and photograph, remains yours, subject to the license granted in the section titled “Your Content.” The Rockbeach Items, and all technology underlying the same, and any updates, modifications and derivative works to any of the foregoing, are owned by us. Unless otherwise noted, the design and content features on the Applications and other Rockbeach Items, including, without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, URLs, and the like, as well as the selection, assembly and arrangement thereof, and all intellectual property and proprietary rights appurtenant thereto (collectively, the “Application Information”), are owned by Rockbeach or its affiliates, if any, or are licensed by Rockbeach from third parties. The Rockbeach Items, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved. The trademarks, logos, and service marks (“Marks”) displayed on the Rockbeach Items are registered trademarks of their respective owners, are the property of their respective owners, or are otherwise protected by U.S. and international trademark laws. Their uses are restricted to programs, events, products, or services that Rockbeach sponsors or with which we are otherwise affiliated. Our Marks may not be used by you for personal financial gain. Use of our Marks is prohibited without our express written consent. Nothing contained on the Rockbeach Items should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our prior express written consent. No portion of the Rockbeach Items may be reprinted, republished, modified, or distributed in any form without our express prior written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to Rockbeach Items. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Rockbeach Items and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Rockbeach Items on any authorized copy you make of the Rockbeach Items.

(b) You agree that submission of any ideas, suggestions, documents, or proposals to us through our feedback channels (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. You may send feedback through hello@rockbeachtraining.com.

24. Disclaimers of Warranties

(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ROCKBEACH ITEMS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROCKBEACH ITEMS AND ALL CONTENT, MATERIALS, GRADES, CERTIFICATES, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROCKBEACH MAKES NO REPRESENTATIONS OR WARRANTIES THAT: (i) THE ROCKBEACH ITEMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE ROCKBEACH ITEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY RESULTS OR OUTPUT OBTAINED THROUGH THE ROCKBEACH ITEMS, INCLUDING ANY GRADE, WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INTENDED PURPOSE; (iv) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (v) THERE WILL BE NO LOSS OR BREACH IN THE SECURITY, INTEGRITY, OR AVAILABILITY OF ANY INFORMATION OR DATA; (vi) THE ROCKBEACH ITEMS OR ANY SERVERS USED TO PROVIDE THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (vii) ANY PARTICULAR MATERIAL OR FEATURE WILL REMAIN AVAILABLE; OR (viii) USING THE ROCKBEACH ITEMS OR EARNING A CERTIFICATE WILL RESULT IN ACADEMIC CREDIT, A LICENSE, A JOB, AN INTERVIEW, OR ANY PARTICULAR EMPLOYMENT RESULT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKBEACH OR THROUGH THE ROCKBEACH ITEMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, any User Generated Content) or user communications. Any material downloaded or otherwise obtained through the use of the Rockbeach Items is accessed at your own risk, and you are solely responsible for any damage to your computer system or mobile device that results from the use of any such material. The Rockbeach Items may contain errors or omissions or may be out of date. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you, in which case our liability will be limited to the fullest extent permitted by applicable law.

(b) Rockbeach does not guarantee that purchases made through the Rockbeach Items will be transmitted successfully and it is your responsibility to confirm all such activity. The Rockbeach Items may, without prior notice, be changed, deleted or updated at any time.

(c) No Liability for User Disputes. Rockbeach has no responsibility for disputes between users and disclaims all liability related to any interactions or exchange of content between users.

25. Suspension or Termination of Your Use of the Rockbeach Items

These Terms will commence on the date you first access and use any Rockbeach Items and remain in full force and effect indefinitely except as provided herein. We may suspend or terminate your access to the Rockbeach Items at any time, for any reason or no reason, with or without notice, and without liability to you or any third party. You agree that all terminations of these Terms are made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the Rockbeach Items. You may stop using the Rockbeach Items at any time and may delete your account yourself from your profile; deletion takes effect immediately and cannot be reversed. Account retention and deletion, including deletion for inactivity, are described in our Privacy Policy. Upon any termination, your right to access and use the Rockbeach Items ends immediately. Your obligations and warranties to us under these Terms, and all provisions of these Terms which by their nature should survive termination, shall survive termination, including those relating to Your Content, intellectual property, disclaimers of warranties, indemnification, limitation of liability, and dispute resolution.

26. Indemnification

(a) By Rockbeach. We will defend you and hold you harmless from and against any third-party claim brought against you alleging that your permitted use of the Applications constitutes an infringement of any third-party U.S. patent, trademark, trade name, trade secret, copyright, or other U.S. intellectual property rights (other than a claim with respect to User Generated Content). If your use of the Applications hereunder is, or in our opinion is likely to be, enjoined due to the type of infringement specified above, we may, at our option and expense, obtain a license for the continued use of the Rockbeach Items or modify the Applications so that they provide substantially equivalent functions and are no longer infringing, or, if neither of the foregoing alternatives is implemented, we may terminate your right to use the allegedly infringing Application. The foregoing states Rockbeach’s sole obligation and your sole remedy for intellectual property infringement hereunder.

(b) By You. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Rockbeach and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the “Rockbeach Parties”) from and against any and all claims, demands, complaints, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with: (i) your access to, use, misuse, or abuse of the Rockbeach Items; (ii) your User Generated Content or any information you provide to the Rockbeach Items; (iii) your violation of these Terms or any applicable law, rule, or regulation; (iv) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; or (v) any activity occurring under your account, whether or not authorized by you. Notwithstanding subsection (d) below, we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with our defense of the claim. You may not settle any such matter without our prior written consent, which we may withhold in our sole discretion. This indemnity obligation survives the termination of your account and your use of the Rockbeach Items.

(c) By Organizations. To the fullest extent permitted by applicable law, an organization that is an Account Owner or hiring organization will defend, indemnify, and hold harmless the Rockbeach Parties from and against any third-party claim, and all resulting liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees), arising out of: (i) any information or material the organization supplies to Rockbeach or the Rockbeach Items; (ii) the organization’s unlawful or unauthorized use of any learner or user information; (iii) the organization’s decisions about any student, worker, or candidate, including any hiring, employment, academic, or disciplinary decision; or (iv) a material breach of these Terms by the organization or its authorized users; except, in each case, to the extent the claim is caused by Rockbeach’s own breach of these Terms or misconduct.

(d) Notice of Claim and Procedure. The party seeking indemnity shall promptly notify the indemnifying party in writing of any claim subject to the indemnifying party’s indemnification obligation hereunder, and the indemnifying party shall promptly assume the investigation and defense thereto, including engaging counsel and the payment of all expenses. The indemnified party may employ separate counsel in any such action and participate in the investigation and defense at its own cost unless (i) the employment of such counsel has been authorized by the indemnifying party in writing; (ii) the indemnifying party fails after fifteen (15) calendar days following notice of such action to assume the defense and to employ counsel; or (iii) the named parties to any such action (including any impleaded parties) include both the party seeking indemnity and an indemnifying party, and the party seeking indemnity shall have been advised by such counsel that there may be one or more legal defenses available to it which are different from or additional to those available to the indemnifying party. If the party seeking indemnity notifies the indemnifying party in writing that the party seeking indemnity elects to employ separate counsel in accordance with the foregoing provision at the expense of the indemnifying party, the indemnifying party shall not have the right to assume the defense of such action on behalf of the party seeking indemnity and without limitation on the other obligations of the indemnifying party, shall pay the reasonable attorneys’ fees of the party seeking indemnity from time to time (but no less frequently than quarterly) during the course of the defense of such action.

27. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ROCKBEACH NOR ANY OF THE ROCKBEACH PARTIES OR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, BUSINESS OR PROFITS, OR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE ROCKBEACH ITEMS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT, OR NEGLIGENCE IN CONNECTION WITH THESE TERMS OR THE ROCKBEACH ITEMS PROVIDED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ROCKBEACH’S OR ANY ROCKBEACH PARTY’S AGGREGATE LIABILITY EXCEED THE GREATER OF (I) FIFTY DOLLARS ($50) OR (II) THE FEES PAID BY YOU TO ROCKBEACH DURING THE TWELVE (12) MONTHS PRECEDING ACCRUAL OF THE UNDERLYING ALLEGED CLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY TO MEET ITS ESSENTIAL PURPOSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO ROCKBEACH’S LIABILITY AND DO NOT LIMIT YOUR INDEMNIFICATION OBLIGATIONS UNDER THE SECTION TITLED “INDEMNIFICATION.” Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

28. Miscellaneous

(a) These Terms are governed by the laws of the Commonwealth of Kentucky without regard to its conflict of laws principles. For any action or proceeding not subject to arbitration under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Boone County, Kentucky.

(b) You agree that, to the extent permitted by applicable law, any cause of action arising out of or related to these Terms or the Rockbeach Items must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

(c) These Terms, our Privacy Policy, applicable Application Terms, and, for an organization, any signed order form are the entire and exclusive agreement between Rockbeach and you regarding the Rockbeach Items, and supersede and replace any prior agreements between Rockbeach and you regarding the Rockbeach Items.

(d) If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed, and the remaining provisions of these Terms shall remain in full force and effect.

(e) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.

(f) Either party’s failure to act with respect to a breach by the other party does not waive such party’s right to act with respect to subsequent or similar breaches.

(g) All notices and other communications required hereunder shall be made in writing and shall be deemed to have been duly given and effective: (i) on the date of delivery, if delivered personally or by email; (ii) upon confirmation of receipt, if sent by overnight delivery; or (iii) on the date posted, if posted on the Website. Notices by you shall be provided to Rockbeach at privacy@rockbeachtraining.com. Notices to you may be provided by us at the physical or email addresses provided when you register to use the Rockbeach Items or by posting on the Website. Either party may update its address by written notice to the other. You are responsible for notifying us of your updated contact information.

(h) You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempted assignment in violation of this provision shall be void. We may freely assign or transfer these Terms, in whole or in part, without your consent. The rights and obligations of the parties under these Terms shall be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns. The parties agree there are no third-party beneficiaries to these Terms.

(i) You acknowledge and agree that you and Rockbeach are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

(j) Binding Arbitration; No Class Actions. YOU AND ROCKBEACH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ROCKBEACH ITEMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its applicable rules, seated in Boone County, Kentucky, unless otherwise mutually agreed. This provision survives termination of these Terms and of your use of the Rockbeach Items.

(k) Electronic Signatures and Notices. Certain activities on the Rockbeach Items may require you to provide an electronic signature. You understand and agree that your electronic signature has the same legal effect as a physical signature. If you have an account, you agree that we may provide you with any and all required notices electronically through your account or other electronic means. We are not responsible for any fees charged to you by your service provider as a result of your receipt of our electronic notices.

(l) Trademarks. Rockbeach, Rockbeach Training, and their logos and slogans are trademarks of Rockbeach. All other trademarks appearing in connection with the Rockbeach Items are the property of their respective owners. Any rights not expressly granted in these Terms are reserved.

(m) Acknowledgement. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.