1.1 License. Subject to your compliance with these Terms, Company grants you and you accept a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website(s), Applications(s), Content, and Services for your internal business use. You are granted only limited rights with respect to the Website(s), Application(s), Content and you have no other rights, express, implied, or otherwise. All source code and content within the Website(s), Application(s), and Content are the property of Company or its partners and is protected by U.S. and international copyright laws, and you acknowledge such.
1.2 Restrictions. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Website(s), Applications(s), Content, and Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Website(s), Applications(s), Content, and Services except as expressly permitted by Company; (iii) decompile, reverse engineer, or disassemble the Website(s), Applications(s), Content, and Services except as may be permitted by applicable law; (v) link to, mirror, or frame any portion of the Website(s), Applications(s), Content, and Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website(s), Applications(s), Content, and Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Website(s), Applications(s), Content, and Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website(s), Applications(s), Content, and Services or their related systems or networks. Further, you shall not let the Website(s), Applications(s), Content, and Services be accessed or used by third parties or anyone other than your employees whose duties require such access or use pursuant to a Service Agreement between you and Company.
Abusive or excessively frequent requests to access and use the Website(s), Application(s), Content, or Services is prohibited. If your bandwidth usage exceeds the average per capita bandwidth of other customers of Company, Company may immediately disable your account or throttle your content hosting until you reduce your bandwidth consumption.
You may not engage in any communication falsely suggesting an association with Company or the Website(s), Applications(s), Content, and Services.
You may not engage in verbal, physical, written, or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of Company.
Violation of the prohibitions stated herein, in Company’s sole discretion, may result in the temporary or permanent suspension of access to your Account. Company may or may not provide a prior warning, in its sole discretion.
1.3 Security. You are prohibited from violating or attempting to violate the security of the Website(s), Applications(s), Content, and Services, including, without limitation, (i) accessing data not intended for you or logging onto a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website(s) or Applications(s) or overloading, flooding, spamming, mailbombing, or crashing them; (iv) sending unsolicited email or other communications, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of the security of the Website(s), Applications(s), Content, and Services and associated servers, accounts, systems, and/or networks may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involve in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Website(s), Applications(s), Content, and Services or any activity being conducted thereon. You agree further not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website(s), Applications(s), Content, and Services other than those search engines and search agents that are generally available Third-Party web browsers (e.g., Netscape Navigator, Microsoft Explorer, et al.).
1.4 Links. The Website(s), Applications(s), Content, and Services may provide or Third Parties may provide hypertext links to other sites or resources on the Internet. Any references on the Website(s), Applications(s), Content, and Services to any names, marks, products, or services of Third Parties, or hypertext links to Third Party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Company’s endorsement, sponsorship, or recommendation of the Third Party, its information, products, or services unless Company states otherwise in writing. Company is not responsible for the practices or policies of such Third Parties, nor the content of any Third Party sites, and does not make any representations regarding Third Party products or services or the content or accuracy of any material on such Third Party sites. If you decide to link to any such Third Party sites, you do so entirely at your own risk. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any such content, goods, or services available on or through any such site or resource.
1.6 Ownership. The Website(s), Applications(s), Content, and Services and all rights therein are and shall remain Company’s property. Neither these Terms nor your use of the Website(s), Applications(s), Content, and Services convey or grant to you any rights: (i) in or related to the Website(s), Applications(s), Content, and Services except for the limited license granted above; or (ii) to use or reference Company’s names, logos, product and service names, trademarks or service marks, or those of Company’s licensors without permission of Company. Unless otherwise stated, all Website(s), Applications(s), Content, and Services are © 2007-2021 of SafetySkills, LLC, and all rights are reserved. You may not duplicate, copy, or reuse any portion of the Website(s), Applications(s), Content, and Services, including the HTML/CSS or visual design elements, without express written permission from Company.
1.5 Technical Support. Technical support for the Website(s), Applications(s), Content, and Services is limited to paying customers of Company and is available by sending an email to [email protected], or by calling Company during regular business hours. Advanced Technical support for troubleshooting User Content (as defined herein) is provided for an additional fee for developer time, in a minimum increment of one (1) hour.
By accessing or using the Website(s), Application(s), Content, and Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website(s), Application(s), Content, and Services. These Terms expressly supersede prior agreements or arrangements with you, unless you have a Service Agreement with Company. If you have a Service Agreement with Company, to the extent there is a direct conflict between the terms of the Service Agreement (including any amendments or modifications thereto) and these Terms, the terms of the Service Agreement shall control, provided the Service Agreement (including any amendments or modifications thereto) and these Terms shall be construed in such a manner as maximize the enforceability of each. For clarity, any arbitration clause in any Service Agreement existing between you and Company will govern all disputes arising under the Service Agreement, including your use of the Website(s), Application(s), Content, and Services pursuant thereto, and the arbitration clause in these Terms will govern all disputes arising out of any other use of the Website(s) Application(s), Content, and Services.
Subject to the terms of your Service Agreement, if one exists between you and Company, if you violate these Terms or any term of any Service Agreement (including any amendments or modifications thereto) existing between you and Company, Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Website(s), Application(s), Content, and Services or any portion thereof, at any time and for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular program, course, or application and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Provided, nothing in any supplemental terms shall be deemed to waive or amend the Arbitration Agreement in Section 7.
Company may amend these Terms from time to time without notice to you. Amendments will be effective upon Company’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Website(s), Application(s), Content, and Services after such posting confirms your consent to be bound by the Terms, as amended by Company.
In addition to other terms defined herein, the following terms shall be defined as follows.
“Application” means any application created by Company or by a Third Party for Company that can be downloaded onto a mobile phone, tablet, computer, or similar device, and is used to access or interact with the Website(s), Content, or Services.
“Content” means all information, courses, materials, Applications, and programs made available on the Website(s) or Application(s) or with respect to providing the Services, including Content provided by you or any Third Parties.
“Services” means the all services provided by Company to you.
“Third Parties” means entities other than Company, its affiliates, and agents.
“Website” means any website owned, maintained, or operated by Company or by any Third Party subject to an agreement with Company to maintain and/or operate a website on behalf of Company. The Company’s Website(s) include any Application Program Interface (“API”) on Company’s Website(s).
Direct accounts require payment for the number of credits purchased before account activation. Fees are incurred annually for subscription accounts. The annual fee is billed sixty (60) days in advance of renewal date and due by renewal. Company does not refund or give prorated credit for annual fees paid to Company for subscription accounts or refunds for credits purchased. Should user add Learner seats to a subscription account prior to the next renewal date, prorated fees are billed immediately.
All Charges and payments will be enabled by Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Company, in its sole discretion.
As between you and Company, Company reserves the right to establish, remove, and/or revise Charges for any or all Services or goods obtained through the use of the Website(s), Applications(s), Content, and Services at any time in Company’s sole discretion. Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services or goods obtained through the use of the Website(s), Applications(s), Content, and Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Website(s), Applications(s), Content, and Services or the Charges applied to you. Company may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Parties.
Company may, in its sole discretion, agree to modify any aspect of your payment arrangements.
In the event of a lapse in payment, your Account may be deactivated by Company until receipt of payment in full from you. If archived records are requested from a deactivated account, Company may charge a Record Retrieval Fee for each requested report.
By agreement to the Terms, you agree that you are required to resolve any claim arising thereunder, (unless otherwise provided herein) that you may have against Company on an individual and not a class or collective basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Company and will also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Company by someone else.
7.1 Agreement to Binding Arbitration Between You and Company. You and Company agree that unless you have into a Service Agreement with Company which states otherwise, any dispute, claim, or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Website(s), Application(s), Content, or Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Company, and not in a court of law.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
7.2 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (the “AAA Rules”) then in effect or such other rules of the AAA then in effect that the Arbitrator (as herein defined) determines are the closest approximation to the AAA Rules, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
The parties agree that unless you have entered into a Service Agreement with Company which states otherwise, the arbitrator (“Arbitrator”) and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable and any dispute as to whether a matter is subject to arbitration under these Terms or under a Service Agreement existing between you and Company. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found not to apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Oklahoma.
7.3 Process. A party who desires to initiate arbitration must do so as specified in the AAA Rules. Forms are available at www.adr.org or by calling 1-800-778-7879. The Arbitrator will be either (i) a retired state or federal judge in Oklahoma or (ii) an attorney licensed to practice law in the State of Oklahoma and selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within ten (10) business days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
7.4 Location and Procedure. Unless you and Company agree otherwise, the arbitration will be conducted in Oklahoma County, Oklahoma. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the Arbitrator, unless you or Company request a hearing and the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules as interpreted by the Arbitrator. Subject to AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
7.5 Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party prevailing in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
7.6 Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Company will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought by you was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)).
7.7 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
8.1 DISCLAIMER. the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES are provided “as is” and “as available.” COMAPNY disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. in addition, COMPANY makes no representation, warranty, or guaranty regarding the reliability, timeliness, quality, suitability, or availability of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES or any services or goods requested through the use of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES, that the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES will be uninterrupted, TIMELY, SECURE, or error-free, THAT THE WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR ACHIEVE SPECIFIC RESULTS. you agree that the entire risk arising out of your use of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES and any service or good requested in connection therewith remains solely with you, to the maximum extent permitted under applicable law.
8.2 LIMITATION OF LIABILITY. COMPANY shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, LOST GOODWILL, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES, regardless of the negligence (either active, affirmative, sole, or concurrent) of company even if company has been advised of the possibility of such damages.
company shall not be liable for any damages, liability, or losses arising out of: (i) your use of or reliance on the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES or your inabiltiy to access or use the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES; or (ii) any tranSaction or relationship between you and any third party, even if company has been advised of the possiblity of such damages. company shall not be liable for delay or failure in performance resulting from causes beyond company’S reasonable control.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
8.3 INDEMNITY. You agree to indemnify and hold COMPANY and its affiliates and their members, managers, officers, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES or services or goods obtained through your use of the WEBSITE(S), APPLICATION(S), CONTENT, AND SERVICES; (ii) your breach or violation of any of these terms; (iii) COMPANY’S use of your User Content; or (iv) your violation of the rights of any third party.
9.1 Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of Oklahoma, United States, without giving effect to any conflict of laws provision, except as may be otherwise provided in the Arbitration Agreement or in supplemental terms applicable to you.
9.2 Notices. Company may give notice by means of a general notice on the Website(s), Application(s), Content, or Services, electronic mail to your email address in your Account, telephone or to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give written notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to Company’s registered agent for service of process.
9.3 General. You may not assign these Terms without Company’s prior written approval. Company may assign these Terms without your consent to a subsidiary or affiliate, an acquirer of Company’s equity, or a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Company, and any Third Party as a result of these Terms or your use of the Website(s), Application(s), Content, or Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced to the fullest extent under law. Company’s decision, for any reason, not to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
Written inquiries may be addressed to: SafetySkills, 519 NW 23rd Street, Suite 200, Oklahoma City, OK 73103
If you have any questions about this Privacy Statement or this website, please contact us directly at: [email protected] or (888) 844-3549.