Terms of Service

End‑User License Agreement for access to the OnlineRME database and services.

Terms of Service – End‑User License Agreement

This agreement governs access to the OnlineRME website and database. Please read it carefully before using the system.

The onlineRME.com website (the “WEBSITE”) is an Internet portal providing access to a database application (“the DATABASE”) owned and maintained by OnlineRME, LLC (“LICENSOR”) for the collection, storage, and retrieval of data associated with a managed activity, piece of equipment, or system (a “MANAGED ACTIVITY, EQUIPMENT OR SYSTEM”) that is monitored and/or managed by a third party. Data is collected through direct data entry as well as the submission of online reports, forms, and fees by owners, operators, contractors, government employees, and others (a “SUBMITTER”), and monitored and/or managed by a third-party data management entity or regulating authority for the jurisdiction in which a MANAGED ACTIVITY, EQUIPMENT OR SYSTEM is located (the “RESPONSIBLE MANAGEMENT ENTITY” or “RME”).

This End‑User License Agreement (the “EULA”) is a binding contract between you (“USER”) and LICENSOR. USER is granted online access to the DATABASE and its contents only upon USER’s agreement to these terms. By clicking “I ACCEPT,” USER agrees to submit, access, and/or use only the portion of the data within the DATABASE that USER is permitted to access, as outlined in LICENSOR’s Data Ownership, Access, and Integrity Policy, which is incorporated by reference.

USER represents and warrants that the login information used to gain access to the DATABASE and its contents is the information provided to USER for such purpose by LICENSOR or the entity holding a written agreement with LICENSOR whom USER represents; and that USER has not provided, and will not provide, the login information to any other party to gain access to the DATABASE or its contents. USER agrees not to unlock or bypass security measures, initialization systems, or encryption technologies intended to maintain data integrity.

USER understands the WEBSITE and DATABASE code and structure, and all copyrights and other rights therein, are commercially valuable, proprietary products of LICENSOR and are solely and exclusively owned by LICENSOR. USER will not decode, modify, disassemble, decompile, reverse‑engineer, or otherwise engage in any action or inaction that may lead to unauthorized dissemination, reproduction, or use of the WEBSITE or DATABASE code or structure.

All transactions associated with the submission of data into the DATABASE that include monetary fees paid by SUBMITTERS to RMEs either directly or on behalf of another party, as well as those associated with administration and/or use fees charged by LICENSOR, manufacturers, or industry analysts, occur outside LICENSOR’s WEBSITE environment and control. If USER pays any submission, administration, and/or use fees through the third‑party billing service accessible from the WEBSITE, USER is responsible for providing a valid payment method and authorizing charges. LICENSOR neither collects nor pays monies on behalf of or to another party.

Nothing in this EULA may be construed to grant to USER any right, interest, or title to data contained within the DATABASE, except as expressly granted herein.

1. Data Submission and Ownership

USER represents and warrants that it will use commercially reasonable efforts to ensure that any data it submits to the DATABASE is accurate and free from error.

As referenced in the Data Ownership, Access, and Integrity Policy, during any period of time when an RME holds a written agreement with LICENSOR, USER grants to the RME all rights, interest, and title to any Managed Data that is required by the RME and is associated with a MANAGED ACTIVITY, EQUIPMENT OR SYSTEM under its jurisdiction. USER retains sole and exclusive ownership of all other data it submits to the DATABASE as a SUBMITTER.

USER also grants to LICENSOR an irrevocable right to sublicense the limited access and use of any and all data USER submits to the DATABASE and owns, as limited by the terms and conditions of this EULA. LICENSOR represents and warrants that it has obtained irrevocable rights to sublicense all data in the DATABASE so that said data may be accessed and used in accordance with this EULA by other appropriate parties.

2. Data Accessibility and Integrity

USER is licensed to use tools in the DATABASE to query and access any and all data within it that USER is permitted to access, as outlined in the Data Ownership, Access, and Integrity Policy. USER may only alter or delete data in the DATABASE that it owns, or data owned by the entity whom USER represents, provided that said data is classified as Proprietary Business Information that is not Public Information.

3. Permitted and Prohibited Uses of Data

USER is licensed to view, report, summarize, perform statistical and other analyses, print, export, download, or disclose to any third party any data it owns or has permission to access, subject to the restrictions and conditions in this EULA.

USER agrees not to alter, remove, or obscure any proprietary legend, logo, copyright, or trademark notice on any printout or electronic report generated from the DATABASE. USER also agrees not to falsely report, improperly manipulate, or otherwise misrepresent data contained in the DATABASE to any third party.

1. General Warranty

LICENSOR warrants that the WEBSITE and DATABASE shall be free from material defects and will maintain commercially reasonable capacity, volume, and response times relative to other online database applications in the industry.

Limitation Except as expressly stated herein, the WEBSITE, DATABASE, and data contained therein are provided “as is,” without warranty of any kind, expressed or implied, including but not limited to warranties of performance or merchantability or fitness for a particular purpose.

2. Data Integrity and Accuracy

LICENSOR warrants that data restricted by the Data Ownership, Access, and Integrity Policy from being altered or deleted will remain unaltered once submitted or accepted, except as explicitly allowed in said policy. Because SUBMITTERS enter data and certain data may be altered or deleted in accordance with the policy, LICENSOR cannot warrant absolute accuracy of all data in the DATABASE.

User responsibility USER assumes the entire risk as to the use of information in the DATABASE and is responsible for determining that all information used is sufficiently accurate.

3. Data Security and Backup

LICENSOR uses industry best practices to maintain backup copies of the DATABASE to minimize the possibility of data loss. Transaction logs are created and stored locally and remotely, backups are encrypted, and data is transferred to mirrored servers using strong encryption protocols.

4. Software Upgrades

LICENSOR may upgrade the WEBSITE and/or DATABASE by adding new functions or features. If an upgrade causes accessibility issues, LICENSOR will use best efforts to correct or roll back within two business days from notification.

5. Downtime

LICENSOR will use best efforts to minimize downtime for maintenance, upgrades, backups, and other activities. The WEBSITE and DATABASE may be unavailable during planned events or acts beyond LICENSOR's control.

6. Equipment Incompatibility

LICENSOR is not responsible for incompatibility of the DATABASE with USER’s software or hardware.

1. Effect of EULA

This EULA, together with the Data Ownership, Access, and Integrity Policy and any written agreement LICENSOR may have with the entity whom USER represents, constitutes the complete understanding of the parties.

2. Term

This EULA is effective upon acceptance by USER by clicking “I ACCEPT” or “SUBMIT.” The term is perpetual unless otherwise terminated in accordance with Section F or superseded by a subsequent version.

1. By USER

USER may immediately terminate this EULA for any reason upon notice to LICENSOR.

2. By LICENSOR

LICENSOR may terminate this EULA under the following conditions:

  1. If USER fails to timely pay any appropriately assessed submission, administration, and/or use fee, LICENSOR may terminate following 90‑day notice.
  2. If USER defaults, breaches, or materially fails to fulfill obligations under this EULA and does not cure within 30 days after notice, LICENSOR may terminate upon notice to USER.
  3. If LICENSOR is notified that USER has ceased to represent an entity holding a written agreement with LICENSOR, termination may occur without notice.
  4. If the written agreement with the entity whom USER represents is terminated because of a breach by said entity, termination may occur without notice.
  5. If the written agreement with the entity whom USER represents is terminated for any reason other than breach, LICENSOR may terminate following 90‑day notice to said entity.
  6. LICENSOR may terminate following 90‑day notice to USER in the event LICENSOR ceases to be an ongoing concern and winds down its business.

1. Assignment

USER is prohibited from assigning or transferring rights and obligations under this EULA, except for assignments to entities that are controlled by or control a party, or to entities acquiring all or substantially all assets of a party. Prohibited assignments are null and void.

2. Changes in Terms and Conditions

LICENSOR may modify or amend terms to clarify provisions, update technical specifications, or add rights to USER or obligations to LICENSOR. USER may be required to assent to the most current version of this EULA when accessing the WEBSITE.

3. Notice

Notices must be in writing and may be sent by United States Post, delivery service, or email. Notices to LICENSOR may be sent to the mailing or email address on the Contact Us page of the WEBSITE. Notices to USER may be sent to the mailing or email address used during registration.

4. Waiver; Severability

Failure to exercise any right under this EULA does not operate as a waiver. If any provision is illegal, invalid, or unenforceable, the remainder continues in force and a similar valid provision shall be substituted.

5. Governing Law

The laws of the State of Washington govern this EULA.

6. Forum; Venue

Disputes shall be brought in state courts of Washington, with jurisdiction and venue in the Superior Court of the State of Washington for Kitsap County.

7. Remedies

In the event of a material breach, the non‑breaching party may seek injunctive relief in addition to monetary damages, without posting bond or proving monetary harm.