Safety 101 Terms of Service

ERP 101, LLC

Effective Date: September 20, 2018

Terms of Service Agreement – Safety 101

By using this website (“Site”, “Service”, “Application”), you are agreeing to be bound by the terms (“Terms”, “Terms of Service”) of this agreement which is a legal agreement between you and ERP 101, LLC (“Company”, “we”, “our”, “us”).

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THIS SITE.

Please e-mail any questions you may have regarding this Agreement to support@erp101.com.

    Site Access

    If you are using the Service for an organization, you are agreeing on behalf of that organization.

    These Terms of Service apply to your use of any ERP 101, LLC Site.

    ERP 101, LLC reserves the right to change this Policy at any time, so please review it often. Any updates will be effective immediately upon posting.

    Any and all changes to the Service, including but not limited to updates or added features, shall be subject to these Terms of Service.

    To access the Site, you must:

    • Be at least thirteen (13) years of age,
    • Be able to complete the registration process,
    • Provide current and accurate registration information, and
    • Agree to these Terms of Service.

    Your Use of the Site

    Your use of the Site indicates you agree with these Terms.

    Your use of the Service is at your sole risk.

    The Service is provided on an “as is” and “as available” basis.

    You may not change or hack the Service.

    You must use the Service in compliance with all applicable laws, rules, and regulations.

    You may not use the Service for any illegal purpose or to violate any laws (including but not limited to copyright laws). Your Content You are responsible for all content you provide and your activities on the Service.

    We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.

    You will not use the Service to upload, transmit or otherwise distribute any objectionable content, as solely determined by the Company.

    You must not modify another website or service so as to falsely imply that it is associated with the Service or the Company.

    You are responsible for all content posted and activity that occurs under your account (even when content is added by others).

    Privacy Concern Cases

    A privacy concern case is one where an injury or illness involves:

    • Intimate body part or reproductive system,
    • Injury or illness resulting from sexual assault,
    • Mental illness,
    • HIV infection, hepatitis, tuberculosis,
    • Needle stick and sharp injuries, or
    • An employee who independently and voluntarily requests that his or her name not be entered on the OSHA 300 log.

    This Application supports Privacy Concern Cases.

    However, each Privacy Concern Case should be documented on a separate confidential list.

    Contact OSHA if you any questions regarding proper handling of Privacy Concern Cases.

     

    Technical Support

    Technical support will only be provided via email.

     

    Mobile Application Usage

    ERP 101 LLC does not warrant that the Mobile Application will be compatible or interoperable with your mobile device (or any other hardware, software or device).

    Furthermore, you acknowledge that use of the Mobile Application on your mobile device can cause the performance of that device to diminish and could result in permanent damage to your device and corruption of the software and files located on your mobile device and the Company shall have no liability should these problems arise. You assume all responsibility for use of the Mobile Application on your mobile device.

    It is your responsibility to download the correct Mobile Application for your mobile device. ERP 101, LLC is not liable if you do not have a compatible mobile device or if you download the wrong version of the Mobile Application for your mobile device. The Company reserves the right to terminate your use of the Mobile Application should you be using the Mobile Application with an incompatible or unauthorized mobile device.

    You agree to never use the Mobile Application while driving.

     

    Your License

    Our Services and Software are licensed, not sold to you. As long as you comply with all of the Terms of Service, we grant you a non-exclusive, non-transferable, limited license to use this Service.

    Your license is for internal use only. You may not allow anyone outside your organization to use this Site.

    You agree to not allow others to use this Site with your Username and password.

     

    Termination of License

    If you break any of the Terms of Service, ERP 101, LLC may terminate your account. The Company also reserves the right to terminate your account for no reason. Your actions may also subject you to legal consequences.

    Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, ERP 101, LLC employee or officer will result in immediate account termination.

     

    Site Ownership

    This Site is owned by ERP 101, LLC and is protected by U.S. and international copyright laws. Copyright 2019 ERP 101, LLC. All rights reserved.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without the express written permission of the Company.

    The look and feel of the Service are Copyright 2019 ERP 101, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from ERP 101, LLC.

    You acknowledge and agree that this Site is the property of ERP 101, LLC. You also acknowledge and agree that you do not acquire any rights except a non-exclusive, non-transferable license to use this Site, which can be terminated by the Company at any time for any reason or no reason at all.

     

    Use of Your Input

    You have no obligation to provide us with ideas, suggestions, enhancement requests, recommendations, proposals or any other input (“Feedback”).

    If you do submit Feedback to us, you agree to grant ERP 101, LLC a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use your Feedback, in any manner we choose.

    You agree that your Feedback will not violate the rights of any third party including but not limited to copyright and trademark rights.

     

    Third-Party Sites

    This Site may contain links to third-party websites. If you elect to use one of these third-party websites, you will leave our Site. The Company does not control these third-party sites and does not make any representations about these sites or any of the information found on these sites. The Company provides links to these sites for your convenience only. Access these sites at your own risk.

     

    Communication

    By creating an account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

     

    Account Security

    You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

    You agree to notify us immediately of any unauthorized use of your account(s). We are not responsible for any losses due to stolen or hacked passwords.

    You will not represent that you are any other individual or entity unless such individual or entity has given you written permission (producible to the Company) to act on their behalf.

    You agree to not allow others to use this Site with your Username and password.

     

    Payment Terms

    Once payment is received, and you have indicated your understanding and acceptance of the Terms of Service and Privacy Policy, the Service will begin. After the Service is started, it will be billed in advance on a yearly recurring basis unless canceled by you.

    The License renews automatically upon payment and is not refundable.

    We reserve the right to change the Service fee upon thirty (30) days’ notice. Such notice may be provided at any time by posting the changes to the Company’s website or by email.

    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required by law, the Company will collect taxes on behalf of taxing authority and remit those taxes to taxing authorities.

     

    Cancellation and Termination

    You are solely responsible for the proper cancellation of your account. You may cancel your account at any time within the Service. An email or phone request to cancel your account is not considered cancellation. You will not be charged for the next year after cancellation. There is no cancellation fee.

    In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. The Company does not accept any liability for such loss of information. We retain the right to retain or delete information provided to us by you at our sole discretion.

    If you cancel the Service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged for the next year. There will not be any prorating of unused time in the last billing cycle.

     

    Intellectual Property

    The Service and its features and functionality are and will remain the exclusive property of the Company. The Company does not grant any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the items in the Service. The Company reserves all rights not granted under this Terms of Service Agreement. Any and all trademarks and/or trade dress associated with the Company may not be used in connection with any product or service without the prior written consent of the Company.

     

    Indemnification

    You agree to indemnify and hold ERP 101, LLC and any employee or officers acting on behalf of the Company and any licensee, licensor, and their employees, contractors, agents, officers and directors harmless from any and all demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against the Company by any third party due to or arising out of or in connection with your use of the Service or interaction with the Company.

     

    Warranties and Representations

    Your use of the Service is at your sole risk. We provide the Service on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

     

    Limitation of Liability

    You expressly understand and agree that the Company and any employee or officer acting on behalf of the Company shall not be liable for any direct, indirect, incidental, special consequential or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from the use or the inability to use the Service.

    We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Service and any linked sites and services.

    Your sole remedy against us for damages or dissatisfaction with the Service is to stop using the Service. This limitation of relief is a part of the bargain between you and the Company. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

    If, notwithstanding the other provisions of the Terms, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any of our Services, our liability shall not exceed what you paid us for the Services in the previous billing cycle.

    The Service is not intended and is in no way responsible for ensuring compliance to any and all applicable federal, state, local or other government regulations or laws (including but not limited to OSHA recording and reporting). It is the user’s responsibility (not the Company’s) to ensure compliance with all applicable laws. The Company does not guarantee the Service’s fitness for a particular purpose or that the Service will meet the law’s specific requirements.

    ERP101, LLC is not qualified and does not provide professional advice of any kind (legal, accounting, regulatory, etc.). Seek the help of a qualified professional service provider as needed.

     

    Governing Law and Dispute Resolution

    You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the State of Michigan in the United States without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of the Company’s choosing and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

    In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Company Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

     

    Force Majeure

    You agree that we are not liable for any delays or failure in performance of any part of the Service, from any cause and causes beyond our control.

     

    Severability

    If one or more sections or parts of sections of the Terms of Service are held unenforceable, then those sections or parts of sections will be removed or edited as little as necessary, and the rest of the Terms of Service will still be valid and enforceable.

     

    Assignments

    You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

     

    No Waiver

    The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

     

    Entire Agreement

    The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

     

    Amendments and Changes to the Service

    We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service, at any time. Amendments or changes to these Terms will not be effective until we post a revised Terms of Service on the Company website. Unless explicitly stated otherwise, any new feature added to the Service, including but not limited to the release of new tools and resources, shall be subject to the Terms of Service.

    It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.

    We reserve the right to do any of the following, at any time, without notice to you to Modify, suspend or terminate operation of or access to the Service, or any portion of the Service for any reason or no reason at all; Modify or change the Service, or any portion of the Service, and any applicable policies or Terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

     

    OSHA Disclaimer

    The content herein does not represent any association between OSHA and ERP 101, LLC.

     

    Effective Date

    The Effective Date of these Terms of Service is set forth above.

     

    Questions

    Questions about the Terms of Service should be sent to support@erp101.com.

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    © Copyright 2019 ERP 101, LLC

    Chat Live With Us

    M-F 8-5 PM EST

    (616) 228-9440

    M-F 8-5 PM EST

    Stay in touch

    Follow us on social media

    © Copyright 2019 ERP 101, LLC