Terms

TERMS (“Terms of Service or Terms of Use”)

Last updated on May 23, 2020.

These Terms ("Terms of Service" or “Terms of Use”) govern your access to and use of *. Website, products, and services ("Products”), including but not limited to OSHA Ready or OSHA Ready NOW! Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy policy. You also confirm you have read and agreed to our Community guidelines and our Cookies policy.

Please read these Terms/Terms of Service/Terms of Use carefully before accessing, purchasing, or using products, services, websites, software, applications, and/or plug-ins made available by * or its affiliates (individually and collectively, the "Services").

1. ACCEPTANCE OF TERMS

1.1 You agree to, and are bound by, the terms and conditions set forth below and in any modified or additional terms that * ("* ") may publish from time to time (collectively, the "Terms” (“Terms of Service or Terms of Use"). If you do not agree to all of the terms and conditions contained in the ”Terms”, do not access, purchase, or use the Services.

1.2 * may change these Terms/Terms of Service/Terms of Use from time to time. Your continuing access, purchase, or use of the Services constitutes your acceptance of such changes. Your access, purchase, and use of the Services will be subject to the current version of the Terms/Terms of Service/Terms of Use, rules and guidelines posted online at the time of such use. You may check the "Terms/Terms of Service/Terms of Use" link on the home page of * to view the then-current terms. If you breach any of the Terms/Terms of Service/Terms of Use, your right to the Services shall automatically terminate.

2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

2.1 Subject to your compliance with these Terms/Terms of Service/Terms of Use, your payment obligations, any applicable license agreement with *, and the law, you may access and use the Services. * remains the sole owner of all rights, title, and interest in the Services and reserves all rights not expressly granted under these Terms/Terms of Service/Terms of Use. * may modify, replace, or discontinue the Services or any part thereof at any time, for cause, with or without notice, in Ready Clouds Solutions, LLC’s sole discretion.

2.2 All content available through the Services, including but not limited to Documents, Images, Footage, Music, and related metadata (collectively the "* Content"), as well as the selection and arrangement of the * Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Unauthorized use of any * Content violates such laws and these Terms/Terms of Service/Terms of Use. Except as expressly provided herein or in a separate license agreement between you and * does not grant any express or implied permission to use the Services or any * Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Services or any * Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services or * Content.

3. * TRADEMARKS

3.1 For the purpose of these Terms/Terms of Service/Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by * .

3.2 Nothing contained herein grants, or shall be construed to grant, you any rights to use any * Trademark.

3.3 You agree that you will not use *'s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or *.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of * Trademarks or the Trademark rights claimed by *.

3.5 You agree that you will not use any * Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without * 's prior written consent, any word or mark which is similar to or likely to be confused with * 's Trademarks.

3.7 The look and feel of the * website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of * and may not be copied, imitated or used, in whole or in part, without the prior written consent of *.

3.8 All other trademarks, product names, and company names or logos used or appearing on the * website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by *, unless expressly so stated.

4. INFORMATION YOU PROVIDE

4.1 * (or third parties acting on its behalf) may collect limited information related to your use or purchase of the Services. Third-party platforms through which you access the Services may collect information and make such information available to * subject to your agreement with the applicable third-party platform. *’s collection and use of all such information shall at all times conform to this Terms of Use, the * Privacy Policy, and applicable law.

4.2 * will only use and protect your personal information, such as your name and address, in accordance with the * Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

5. YOUR CONTENT

5.1 For any document, image, footage, text, audio, or any other content that you upload or provide (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content and grant the licenses set forth herein; (ii) * will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

5.2 By uploading Your Content, you grant * a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

5.3 You may not upload, post, or transmit any document, video, image, text, audio recording, or other content that:

Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
Exploits minors;
Depicts unlawful or violent acts;
Depicts animal cruelty or violence towards animals;
Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
Violates any law, statute, or regulation.

6. ACCEPTABLE USE

OSHA Ready or OSHA Ready NOW! is used by many companies and people, and we're proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree not to misuse the OSHA Ready or OSHA Ready NOW services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
Send unsolicited communications, promotions or advertisements, or spam;
Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
Promote or advertise products or services other than your own without appropriate authorization;
Abuse your subscription to get more storage space than deserved;
Sell the Services unless specifically authorized to do so;
Publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
Violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
Violate the privacy or infringe the rights of others.

7. LIMITATIONS

7.1 You agree that you will not:

Engage in any conduct that constitutes a violation of any law or that infringes the rights of * or any third party.
Violate any applicable laws or regulations related to the access to or use of the Services, or engage in any activity prohibited by these Terms of Use.
Violate the rights of * or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

8. RESTRICTION AND TERMINATION OF USE

8.1 * may block, restrict, disable, suspend or terminate your access to all or part of the Services and/or * Content at any time for cause, without prior notice or liability to you.

9. LINKS TO THIRD PARTY SITES

9.1 In the event that the Services are available through any third-party platform, or if * provides links to any third-party platform or permits any third party to link from its platform to the Services, you understand and agree that * makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of *, and Chek Safety or Chek LLC or Chek Safety Software Solutions LLC provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by *.

10. WARRANTIES AND DISCLAIMERS

10.1 Your use of the Services is at your own risk. The Services are provided by * under these terms of use without warranty of any kind, express, implied, statutory, or otherwise. * EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SERVICE AVAILABLE FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, * makes no warranty that: (i) the Services will meet your requirements; (ii) access to the Services will be uninterrupted; (iii) the quality of the Services will meet your expectations; and (iv)any errors or defects in the Services will be corrected. To the extent any disclaimer or limitation of liability herein does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.

10.2 * makes no warranty of any kind that the Services will result in the health or safety of your employees or the general public. You agree that compliance with OSHA and all safety measures and precautions remains your obligation, not *’s. You agree not to hold * responsible for any fines or penalties imposed as a result of OSHA investigations or violations, or for any injuries or deaths caused or allegedly caused by OSHA violations. * cannot and does not warrant that your workplace is safe or compliant with applicable laws, regulations, codes, or standards. Responsibility for safety and compliance lies with you, not *.

11. INDEMNIFICATION

11.1 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless * , its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Services, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the * content, or your violation of any rights of another.

12. MISCELLANEOUS

12.1 Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Dodge City, Kansas. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. * shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunction or other relief against you in the event that, in the opinion of *, such action is necessary or desirable.

12.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Kansas, without respect to its conflict of laws principles.

12.3 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforce-ability of the balance hereof.