Effective Date: June 1, 2016
These Terms of Service (the “Agreement”) is an agreement between you, a person who accesses the Website for whatever purpose (the “User”), and OSHA10Answers. The Agreement set forth the terms and conditions that apply to User’s access and use of the services provided in connection to the services (the “Service”) available for use through the website osha10answers.com (the “Website”).
Acceptance of Agreement
By accessing and using the Website and Service, User agrees to be bound by the terms and conditions of this Agreement. User must discontinue access and use the Website and Service if he/she does not accept all of the terms and conditions of the Agreement.
Use of Service
OSHA10Answers grants User a limited, non-exclusive license to utilize the Service so long as he/she is of legal age to form a binding contract.
In order to access and/or use the Service, User may be required to provide true, current, accurate and complete identification, contact and other information as part of the registration process and/or continued use of the Service, and User shall be responsible for maintaining the accuracy and completeness of such information. User may also be provided with a username and password to access or use the Service (the “Account Credentials”). User is responsible for maintaining the confidentiality of his/her Account Credentials and, accordingly, shall be fully responsible for all activities that occur under his/her account. OSHA10Answers shall not be liable for any loss or damage arising from User’s failure to provide it with true, current, accurate and complete information or to keep his/her Account Credentials secure. User shall be solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Service.
User is responsible for all information introduced into the Service in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service (“Content”).
OSHA10Answers reserves the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, without obligation to any person.
User is responsible for his/her own conduct and all conduct under his/her account, and all Content that is created, transmitted, stored or displayed by anyone using his/her Account Credentials with the Service and for any consequences arising as a result thereof.
User shall use the Service only for purposes that are legal, proper and in accordance with this Agreement and any separate agreements, and all applicable laws and regulations in the relevant legal jurisdictions.
Using the Service, User represents and warrants to OSHA10Answers that he/she has the unfettered legal rights and authority to permit User to submit his/her Content to OSHA10Answers and such submission and the grant to OSHA10Answers of the rights User grant herein in connection with OSHA10Answers’ offering and operation of the Service does not infringe the rights of any person.
OSHA10Answers shall not provide User legal or other advice on any issues, but will act in accordance with applicable law and in its best interests and, in its discretion, the interests of those who use the Service.
By submitting to OSHA10Answers any ideas, suggestions, documents and/or proposals through any means (collectively, “Contributions”), User agrees that:
- his/her Contributions do not contain confidential or proprietary information;
- OSHA10Answers is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- OSHA10Answers shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- OSHA10Answers may have something similar to the Contributions already under consideration or in development;
- Contributions automatically become the property of OSHA10Answers without any obligation of OSHA10Answers to User; and
- User is not entitled to any accounting, compensation or reimbursement of any kind from OSHA10Answers under any circumstances.
User agrees to NOT:
- use the Service for illegal purposes;
- impersonate any person or entity, including, but not limited to, an OSHA10Answers staff member, or falsely state or otherwise misrepresent affiliation with OSHA10Answers or any other person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships;
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- upload, post or otherwise transmit any material that contains computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
- violate any applicable local, national or international law and any regulations having the force of law;
- “stalk” or otherwise harass another person or company, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble explosive device or other weapons or incendiary devices;
- employ tactics to prevent display of advertisements within the Service;
- solicit Account Credentials or personal identifying information for unintended, commercial or unlawful purposes from other Users;
- exceed the scope of the Service that User have signed up for;
- access (or attempt to access) the Service by any means other than through the interface that is provided by OSHA10Answers or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner likely to be harmful to the systems operating the Service or the access or use of the Service by others;
- upload or display content that: (i) contains nudity, sexually graphic material, or material that is otherwise deemed explicit by OSHA10Answers; or (ii) contains threatening, abusive, harassing, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
OSHA10Answers employs multiple methods of keeping User’s data secure both in transit and at rest. Industry-standard SSL (secure socket layer) technology is used to protect every interaction Users have with the Website, including transmission of payment data.
License from OSHA10Answers
OSHA10Answers hereby grants User a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service as provided to User by OSHA10Answers, for the sole purpose of enabling User to use and enjoy the benefit of the Service as permitted by this Agreement, until User’s rights are terminated in accordance with the Agreement. User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof. Unless OSHA10Answers has given User specific written permission to do so, User may not transfer any part of his/her rights to use the Service.
License from User
User retains copyright and any other rights he/she already holds in Content which he/she submits, posts or displays on or through, the Service. By submitting, posting or displaying the Content, User gives OSHA10Answers a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. User agrees that this license includes a right for OSHA10Answers to make such Content available to other companies, organizations or individuals with whom OSHA10Answers has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
OSHA10Answers retains the right, at its sole discretion, to implement any limitations to access or use of the Service, including limits to data storage and transfer, at any time, with or without notice. OSHA10Answers may engage third parties to provide all or part of the Service to User. User agrees that in using the Service, he/she causes data to be sent through computer networks owned by OSHA10Answers and third parties that may be located in different countries and that, as a result, his/her use of the Service will result in interstate data transmissions.
OSHA10Answers reserve the right at any time and at its sole discretion to modify or discontinue, the Service or any part thereof, with or without notice. User agrees that OSHA10Answers shall not be liable to User or to any third party for any modification, suspension or discontinuance of any part of the Service.
OSHA10Answers may amend this Agreement at any time by posting the amended and restated Agreement on the Website. The amended and restated Agreement shall be effective immediately upon posting. Posting by OSHA10Answers of the amended and restated Agreement and User’s continued use of the Website and Service shall be deemed to be acceptance of the amended Agreement. This Agreement may not otherwise be modified, except in writing by an authorized officer of OSHA10Answers.
OSHA10Answers may terminate User’s access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate this Agreement, he/she may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
OSHA10Answers may include the use of third party resources and/or links to third party websites as part of the Service. OSHA10Answers have no control over such websites and resources and, accordingly, OSHA10Answers is not responsible for the availability of such external websites or resources; OSHA10Answers does not endorse and is not responsible or liable for any content or other materials available from such websites or resources and OSHA10Answers 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 use of or reliance on any such content or materials available on or through any such website or resource.
User agrees to indemnify and hold OSHA10Answers, its subsidiaries, affiliates, officers, agents, employees and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to User’s use of any of the Service, any violation of this Agreement or any other actions connected with User’s use of the Service (including all actions taken under User’s account).
Disclaimer of Warranties
USER AGREES THAT:
- HIS/HER USE OF THE SERVICE IS AT HIS/HER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSHA10ANSWERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- OSHA10ANSWERS DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET ALL OF USER’S REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OSHA10ANSWERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
USER AGREES THAT OSHA10ANSWERS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF OSHA10ANSWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF USER’S TRANSMISSIONS, CONTENT OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
- USER’S FAILURE TO PROTECT THE CONFIDENTIALITY OF HIS/HER ACCOUNT CREDENTIALS;
- THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
- ANY ADVERTISING CONTENT OR USER’S PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
- THE TERMINATION OF USER’S ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN THIS AGREEMENT WHICH ARE LAWFUL IN USER’S JURISDICTION (IF ANY) WILL APPLY TO USER AND ITS LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
User agrees that OSHA10Answers may provide User with notices hereunder by email, text messages, postings on the Website, regular mail or express courier, in its discretion, and that OSHA10Answers may rely upon the contact information User have provided in his/her account as being true, current, accurate and complete. Any notice hereunder to OSHA10Answers must be delivered to the following address:
Unex Management Services, Inc.
Online Stores Management Division
3651 Lindell Rd
Las Vegas, NV 89103
This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of Nevada, USA.
In the event any provision of this Agreement is found to be legally unenforceable, such unenforceability shall not prevent the enforcement of any other provision.
This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.