OSHA Review, Incorporated
LAST REVISED: December 5, 2019
This website is owned and operated by OSHA Review, Incorporated and its subsidiaries and affiliates (collectively “OSHA,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your legal rights to use or access our services and our websites (“Services”) and OSHA products or devices (“Products”). Please read these Terms carefully before purchasing or using the Products or Services. By using or accessing our Products or Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with any other user agreements, where applicable) constitute a binding legal agreement between you and OSHA (this “Agreement”) and shall govern all orders made by you through our website, by phone, by facsimile, in person or otherwise. Please read these Terms closely because they contain important information about a class action waiver and arbitration provisions, requiring you to arbitrate any claims you may have against OSHA on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
If you do not agree with these Terms, please do not purchase or use our Products or Services.
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and OSHA. All rights not expressly granted herein are reserved by OSHA.
Specific areas or pages of our websites may include additional or different terms relating to the purchase or use of our Products and Services. In the event of a conflict between such specific terms and these Terms, these Terms shall control.
The term “you,” as used in these Terms, includes any person or entity who is the owner of the Product, user of the Services or creates or has an account associated with a Product or the Services (“Owner”), as well as any person or entity authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products and Services.
You represent and warrant that you are of legal age in your jurisdiction to form a binding contract (or if not, that you are over the age of 16 and you’ve received your parent’s or guardian’s permission to use the Products and Services and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
CHANGES TO THIS AGREEMENT AND SERVICES
Except as set forth in the Dispute Resolution section below, OSHA is free to revise these Terms or any other part of this Agreement at any time by updating this page, provided that such changes do not materially affect the nature or scope of the Products or Services. By continuing to use our Products or Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We are also free to terminate (or suspend access to) your use of our websites or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
ACCESS AND USE; GUIDELINES FOR USE
All right, title and interest in the Products and Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by OSHA, its licensors or designated third parties.
Privacy and other applicable laws in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of OSHA, to ensure that you comply with any and all applicable laws when you use the Products and Services.
If your use of any of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use such Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
You may be required to sign up for an account and select a password and user name (“User ID”). You promise to provide us with accurate, complete and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
TRADEMARKS AND COPYRIGHTS
Nothing on or in the Products or Services shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of OSHA or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, OSHA is the owner of all trademarks and service marks on or in the Products and Services, whether registered or not. OSHA expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
You may return unopened Products to OSHA within thirty (30) days from the date the product was delivered. OSHA does not take title to returned items until the item is received by OSHA. At our discretion, a refund may be issued without requiring a return. In this situation, OSHA does not take title to the refunded item you shall notify OSHA by phone or in writing within thirty (30) days of delivery of defects with a Product. OSHA’s sole obligation shall be, at its option, to replace or issue a refund for any defective Products.
Order Limits / End-User Customers Only
OSHA reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. OSHA may also require additional qualifying information prior to accepting or processing any order. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
Transportation, Title and Risk of Loss
Shipping terms are FOB Destination. Risk of loss and title to any such Product shall pass to you upon delivery to your designated delivery location.
Disclaimer of Warranties
OUR WEBSITES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR WEBSITES IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON OUR WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY OSHA UNLESS SPECIFICALLY STATED OTHERWISE.
Limitation of liability
OSHA IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO OUR WEBSITES AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITES AND/OR ANY THIRD-PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITES OR SERVICES IS TO STOP USING OUR WEBSITES AND/OR SERVICES.
APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES. IF ANY PROVISION OR PORTION OF THIS LIMITATION OF LIABLITY SECTION IS HELD TO BE INVALID UNDER THE APPLICAPLE JURISDICTION, THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Choice of law
THIS AGREEMENT IS GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS OR THE AGREEMENT.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND OSHA (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH OSHA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF ANY OF THE SERVICES OR PRODUCTS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND OSHA HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor OSHA will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. This dispute resolution SECTION will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either OSHA or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these terms.
NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding OSHA or the Products or Services is not eligible for arbitration under applicable laws or otherwise: you and OSHA both agree that any claim or dispute regarding OSHA will be resolved exclusively in accordance with these Terms.
SEVERABILITY AND SURVIVAL
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions of the Terms and such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and shall not affect the validity and enforceability of any remaining provisions. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following (but not limited to the following) will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights and terms regarding disputes between us.
CONSENT TO ELECTRONIC CONTACT
You consent to receive emails at the email address you provide OSHA for any purpose relating to the Products or Services (“Notification Purposes”). Further, you agree that OSHA may contact you at the telephone number you provided to us for any Notification Purpose, and that contact may be made using any method, including telephone calls, automatic telephone dialing systems or text or email messages sent to your enabled wireless device. You will be responsible for any message and data rates that may apply. You agree to notify OSHA immediately in the event of any change to any of the email addresses or telephone numbers you provided. You agree to regularly check your voice messages, text and e-mail messages for communications from OSHA.
WAIVER OF SUBROGATION FOR OSHA
You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. To the fullest extent permitted by applicable law and the applicable policy or policies of insurance you obtain and maintain, you release OSHA from all liability for any loss, occurrence, event or condition covered by your insurance.
THIRD-PARTY INDEMNIFICATION FOR OSHA
THIS AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD OSHA HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST OSHA ARISING FROM OR RELATING TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES (A “THIRD-PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS OF OSHA) INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY OSHA RELATING TO OR ARISING FROM ANY SUCH THIRD-PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD-PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF OSHA, BREACH OF CONTRACT OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF OSHA OR GROSS NEGLIGENCE OF OSHA IN THOSE STATES/PROVINCES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE ANY PERSON OR ENTITY OTHER THAN YOU, INCLUDING, WITHOUT LIMITATION, A SPOUSE, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY.
SUBCONTRACTING AND ASSIGNMENTS.
You cannot transfer or assign this Agreement without OSHA’s consent; however, OSHA can assign this Agreement or subcontract its obligations without your consent. If OSHA does so, anyone to whom OSHA assigns or subcontracts its obligations will receive the benefit of, and have the right to enforce, all the terms and conditions of this Agreement.
NO THIRD-PARTY BENEFICIARIES
EXCEPT AS TO SUBCONTRACTORS AND ASSIGNEES AS PROVIDED FOR OR PERMITTED IN THIS AGREEMENT, THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
The section headings in these Terms are for convenience of reference only and shall neither be deemed to be a part the Terms nor modify, define, expand or limit any of the terms or provisions thereof.
Questions concerning these Terms, requests for cancellation, refund or other requests or questions should be directed to email@example.com, or by phone to 800-555-6248.
Last revised on December 5, 2019