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Total Turnkey, Maintenance or Customized Safety Programs

7/15/2012 by Safety Resourcing LLC

I acknowledge any and all documents of copyrightable authorship, as well as the proprietary compilation of these documents, purchased from this website are the intellectual property and the exclusive copyright properties of Safety Resourcing LLC and are solely for use and modification by the individual purchasing company and are not to be used to make additional copies for resale, or for further distribution, republication, display, or any profit generating use prohibited under the US Copyright Act, without the prior written authorization of Safety Resourcing LLC.

TERMS & CONDITIONS

For

PURCHASE AND USE OF SAFETY RESOURCING, LLC

TOTAL TURNKEY PROGRAM, MAINTENANCE PLAN AND/OR CUSTOMIZED RAVS® SAFETY PROGRAMS

 

Your purchase and use of the Total Turnkey Program, Maintenance Plan and/or Customized RAVS® Safety Programs (the “Services) from Safety Resourcing, LLC, a Nevada limited liability company (referred to hereinafter as “we”, “us” and “our”), and any related material (the “Material”) or services is governed by and subject to the following Terms & Conditions (the “Terms”), and you agree to such Terms by purchasing said Services from us.


Copyright & Limitations on Use of Material

The Material is owned by Safety Resourcing, LLC, a Nevada limited liability company (referred to hereinafter as we, us and our), and is protected by United States and international copyright laws. You may use the Material only for the limited purposes of developing and implementing safety programs for your organization. You may not make any copies of the Material for purposes of resale, except as might be required for backup purposes. Any unauthorized use of the Material, including without limitation, any transfer or attempted transfer of the Material, or rights in the same, to any third-party, without our express prior written authorization, is strictly prohibited. You may not publicly display any Material or permit any third party to do so.  Any public display of the Material or illegal copying could cause us irreparable harm, and is a material breach of these Terms.  You therefore consent to the immediate issuance of an injunction, without the requirement that we post a bond or undertaking, requiring you to cease all unauthorized sales and publication of the Material, to cease making any copies of the Material, and to remove any and all Material from public display.  If you publish the Material on any internal electronic database or internal website, access to such internal database or internal website shall be restricted to employees of your company and to those persons who have explicitly agreed in writing to be bound by these Terms.  You may not use the Material for any purpose that is unlawful or illegal.

 

Terms of Purchase

Purchases of the Material are final and nonrefundable. If there is an error in processing payment or an error in the advertised price of the Material, we reserve the right to cancel your order, in which case we will refund the payments for such Material.

 

Legal Compliance

You understand and agree that purchase and/or implementation of our safety programs are not a substitute for, and do not guarantee, compliance with applicable laws and regulations, including without limitation occupational health and safety codes and industrial injury insurance requirements.  Our programs are not legal advice, and you should consult with your own legal counsel to ensure that your organization is in compliance with all laws and regulations applicable to your organization.

 

Disclaimer of Warranties

THE SERVICES AND MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE".  YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES AND THE MATERIAL IS AT YOUR SOLE RISK, AND THAT THE MATERIAL MAY BE INCOMPLETE OR INACCURATE.  WE CANNOT GUARANTEE ISNETWORLD® QUALIFICATION DUE TO FACTORS OUTSIDE OF OUR CONTROL.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE DO NOT MAKE ANY WARRANTY THAT THE SERVICES OR MATERIAL WILL MEET YOUR REQUIREMENTS, OR THAT THE MATERIAL IS ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIAL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THEREIN.  YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND MATERIAL IS AT YOUR OWN DISCRETION AND RISK.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR MATERIAL, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH OUR WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA, INFORMATION OR EMAIL, TRANSMITTED THROUGH OUR WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE USE OF THE MATERIAL.

 

Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates, officers, employees, members, managers, partners, agents, successors, assigns and affiliates from and against any claim, action, demand, liability, judgment, or damage, including reasonable attorney's fees, arising out of or related to your use of the Materials and/or your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

 

General

You agree that you have the full authority and right to enter into these Terms, and that you are at least 18 years of age. You further agree that these Terms incorporate by reference, and you are bound by, our Internet website Terms of Use (available at: http://www.safetyresourcing.com/termsandconditions.html). These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of law provisions. You and your company hereby irrevocably consent to the jurisdiction of the state courts located in Washoe County, Nevada and to the Federal District Court located in Washoe County, Nevada and that you and your company will be subject to service of process in these courts.  You further agree that venue for any lawsuit arising out of these Terms or the use of the Material initiated by either party shall be exclusively in Washoe County, Nevada.  The prevailing party in any litigation arising out of these Terms or arising out of your use of the Material shall be entitled to its reasonable costs and reasonable attorney fees. You agree that any claim or cause of action arising out of these Terms or your use of the Material must be filed within one year after such claim or cause of action arose, or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, if that is possible; in any case, if said unenforceable provision is modified or completely severed from these Terms, the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by both parties expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership or agency relationship exists between you and us as a result of these Terms and/or your use of the Material. You may not assign any right, interest or benefit provided under these Terms without our express prior written consent. These Terms (along with the Terms of Use and Privacy Policy where applicable) set forth the entire agreement between you and us, and supersedes any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the use of the Material. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or your use of the Material to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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