TERMS OF USE

Web Site Agreement

By visiting this web site, you are accepting the policies and practices described in this Notice. This Notice covers the following topics:

ThisWeb Site (the “Site”) is an online information service provided by RTT Inc. (“Results Through Technology, Inc. “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SETFORTHBELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.  RTT, Inc. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are RTT Inc., its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to RTT Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RTT Inc. by all means and in any media now known or hereafter developed. You also grant to RTT Inc. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RTT Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to RTT Inc..

TRADEMARKS

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of RTT Inc.. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by RTT Inc., RTT Inc. does not operate, control or endorse any information, products or services on the Internet in any way. Except for RTT Inc.- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that may or may not be affiliated with RTT Inc. a. You also understand that RTT Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RTT Inc. PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RTT Inc. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RTT Inc. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. RTT Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL RTT Inc. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RTT Inc. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RTT Inc. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

RTT Inc. makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- RTT Inc. web site, please understand that it is independent from ours, and that RTT Inc. has no control over the content on that web site. In addition, a link to a RTT Inc. web site does not mean that RTT Inc. endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless RTT Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of RTT Inc. and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the USA applicable to agreements made and to be performed in the USA. You agree that any legal action or proceeding between RTT Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in Indiana state courts. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RTT Inc. ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. RTT Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.
Personal Information and Choice
A Special Note about Children
Information Collected and How it is Used
What Happens to Information You Submit to Us
Use of Internet Request for Assistance Form Information
Surveys
If You Send Us E-mail
Order Forms
Public Disclosure
Automatic Collection of Information/Cookies
Security
Links to Other Sites
Limitation of Liability
Ownership

Please note that this Use Policy is subject to change without notice, and that it reflects RTT, Inc’s current business practices. This Use policy is dated December 7, 2000.

Also note that each department within RTT, Inc may have additional privacy and use policies specific to the mission and needs of their work. Be sure to review those policies as you access additional sites within RTT, Inc.
Personal information and choice

“Personal information” is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered “electronically collected personal information.”

According to Government Code § 11015.5., “electronically collected personal information” means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a State agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.

“Electronically collected personal information” that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the web site, sending an e-mail, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the web site.

If any type of personal information is requested on the web site or volunteered by the user, State law, including the Information Practices Act of 1977, Government Code Section 11015.5., and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or State law.

Additionally, departments and agencies of RTT, Inc of California under the authority of the Governor are required to adhere to the Privacy Policy which is also accessible on this web site.
A special note about children

Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to RTT, Inc as part of a user profile or personalization profile. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

If RTT, Inc decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. RTT, Inc will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child’s information, and, if they choose, prohibit RTT, Inc from making further use of their child’s information. RTT, Inc will not provide personal information about children to third parties.
Information collected and how it is used

We do collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary.

If you do nothing during your visit to the web site but browse or download information, we automatically collect and store the following information about your visit:

The Internet Protocol Address and domain name used, but not the e-mail address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
The type of browser and operating system you used;
The date and time you visited this site;
The web pages or services you accessed at this site;
The web site you visited prior to coming to this web site;
The web site you visit as you leave this web site; and
If you downloaded a form, the form that was downloaded.

The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering web site statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our web site to continually improve the value of the materials available. Our web site logs do not identify a visitor by personal information, and we make no attempt to link other web sites with the individuals that browse RTT, Inc’s web site.

Government Code § 11015.5.(a)(6) prohibits all state agencies from distributing or selling any electronically collected personal information, as defined above, about users to any third party without the permission of the user. RTT, Inc does not sell any “electronically collected personal information.” Any distribution of “electronically collected personal information” will be solely for the purposes for which it was provided to us.

RTT, Inc may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to RTT, Inc’s web sites.
What happens to information you submit to us?

If you choose to submit information to us, the information will be transmitted through secure lines to our departmental database. Any private information will only be used for the purposes for which it was provided and will not be shared with another entity except as prescribed by law. Please see our Privacy Policy for additional information.
Use of internet request for assistance form information

Any information you provide to us will only be shared with entities involved in your case as necessary. Information you provide may be included with other consumers’ information to be used for statistical reporting, trending data, and/or investigative actions. For example, we may need to retain information that becomes part of an enforcement action or consumer complaint case for a period of time after the closing date of the case.

If you provide us with information regarding an issue that does not fall wisthin our regulatory jurisdiction, we may refer your information to the appropriate local, State, or federal agency on your behalf.
Surveys

If during your visit to RTT, Inc’s web site you participate in a survey or send an e-mail, the following additional information will be collected:

The e-mail address and contents of the e-mail; and
Information volunteered in response to the survey.

The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us.

The information is retained in accordance with Government Code § 11015.5.
If you send us email

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other State employees who may be better able to help you, and this staff may be employed by a different agency within RTT, Inc. Except for authorized law enforcement investigations or, as required by law, we do not share our e-mail with any other organizations.

We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.
Order forms

If you place an order with us, we request information from the user on our order form. A user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your order/request. If we have trouble processing an order, this contact information is used to get in touch with you.
Public disclosure

In RTT, Inc of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by State government. At the same time, there are exceptions to the public’s right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both State and federal laws provide exceptions.

All information collected at this site becomes public record that may be subject to inspection and copying by the public, unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.
Personal information

Under Government Code § 11015.5., if you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.
Automatic collection of information/cookies

Cookies are simple text files stored on your computer by your web browser. The main State portal does not use cookies to maintain personalization, however some departmental applications may.

RTT, Inc makes every attempt to avoid the use of cookies. When needed to maintain the functionality of an application, unlike the common usage of cookies, RTT, Inc only uses cookies during the session in which you access our interactive applications.

Cookies created on your computer by using this web site do not contain “personal information” and do not compromise your privacy or security. We use the cookie feature only to store a randomly generated identifying temporary tag on your computer. You can refuse the cookie or delete the cookie file from your computer by using any of the widely available methods. However, if you turn your cookie option off, you may not be able to access some of the features in our interactive applications.
Security

RTT, Inc, as developer and manager of this web site, has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the entire State operating environment as part of its continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via RTT, Inc’s supported web site. The technical standards governing security are enforced by the Department of Finance.
Links to other sites

Our web site has links to sites we feel might be useful to you and which may provide services. When you link to another site, you are no longer on our site and are subject to the privacy policy of the new site.

RTT, Inc of California accepts no responsibility for the content or accessibility of the external websites or external documents linked to on this website.

This web site and the information it contains are provided as a public service by RTT, Inc of California. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.
Limitation of liability

RTT, Inc attempts to maintain the highest accuracy of content on its web site. Any errors or omissions should be reported for investigation.

RTT, Inc makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this web site and expressly disclaims liability for errors and omissions in the contents of this web site. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by RTT, Inc of California, or its employees or agents.

This Use Policy is subject to change without notice.
Ownership

In general, information presented on this web site, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, RTT, Inc does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. In order to use any information on this web site not owned or created by RTT, Inc, you must seek permission directly from the owning (or holding) sources. RTT, Inc shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. RTT, Inc shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

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