Terms and Conditions
THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF SAFETY WITH A PASSION, LLC’S WEBSITE. THEY ALSO GOVERN YOUR PURCHASE OR RECEIPT OF ANY ADVICE, SERVICES OR TRAINING PROVIDED BY SAFETY WITH A PASSION, LLC. BY ACCESSING OR USING SAFETY WITH A PASSION, LLC’S WEBSITE OR RECEIVING ANY ADVICE, SERVICES OR TRAINING FROM SAFETY WITH A PASSION, LLC, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH MAY CHANGE AT ANY TIME WITHOUT NOTICE. ALL CHANGES BECOME EFFECTIVE UPON PUBLICATION ON THIS WEBSITE, OR SOONER IF ACCEPTED BY YOU IN WRITING. BY CONTINUING TO ACCESS OR USE SAFETY WITH A PASSION, LLC’S WEBSITE, AND/OR BY CONTINUING TO PURCHASE OR RECEIVE ADVICE, SERVICES OR TRAINING FROM SAFETY WITH A PASSION, LLC, YOU ACCEPT AND AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
Legal Agreement; Terms
For good and valuable consideration, and intending to be legally bound, You agree that Your purchase or receipt of advice, services or training [collectively, the “Services”] from Safety With a Passion, LLC is made on and subject to the following terms, which shall constitute a legal agreement between You and Safety With a Passion, LLC:
- You agree that these terms shall constitute the sole terms governing Your relationship with Safety With a Passion, LLC, and that no other agreement, writing or communication shall be considered a counteroffer, amendment, modification or rejection of these terms.
- You agree to use the Services solely and exclusively for Your own use and the use of your own employees. You may not share the Services with any other person, business or company. Nor may You resell the Services to, or share the Services with, anyone else.
- You understand and agree that participation in Safety With a Passion, LLC’s program gives You no standing, basis or authority to represent to others that You are licensed in any way, trained in any way or authorized to perform any specific skill that You learn about through Safety With a Passion, LLC’s program.
- You agree to pay all fees for all Services received by You or Your employees. This includes without limitation all registration fees, late fees and cancellation fees. You understand and agree that all fees are non-refundable.
- Subject to these terms, Safety With a Passion, LLC grants You a non-transferable, non-exclusive, revocable, limited license [the “License”] to access Safety With a Passion, LLC’s website solely for your employee’s own, noncommercial use to receive the Services. The License is limited to the single geographic location identified by You in Your registration, and is limited to those of Your employees who are physically based at, or who work out of, this location. The License expires five [5] years from the date payment is made..
- Pricing. For current pricing, follow this link to select your chosen course and then pay by credit card.
- You understand and agree that the Services are not, and are not intended to be, legal advice. Nor are the Services intended to replace or substitute for any education, training, certification or license which you are legally required to possess in order to obtain or perform a specific job or task. You are specifically advised to identify and obtain all legally-required education, training, certifications and licenses which you are legally required to possess in order to obtain or perform a specific job, position or task.
- You understand and agree that, except to the extent expressly set forth herein, the Services do not certify your compliance with, or purport to qualify You for, any particular regulation, standard or certificate, whether government mandated or privately issued, that might apply to Your specific job or task.
- You agree to provide accurate, true, current and complete information about You, and to provide updated information about You should Your information change.
- You agree to keep confidential and not disclose to anyone any personal information disclosed to You during Your participation in Safety With a Passion, LLC’s program. This includes without limitation the name, contact information or other personal information concerning: (i) Safety With a Passion, LLC’s owners and instructors and (ii) any other program participants.
- You acknowledge and agree that the success or failure of your training is ultimately Your responsibility. You understand and accept that Safety With a Passion, LLC’s program does not preclude You from seeking other training, or additional training, from others, including others who provide the same advice, services or training as Safety With a Passion, LLC.
- By contacting Safety With a Passion, LLC or participating in any program offered by Safety With a Passion, LLC, You represent and warrant to Safety With a Passion, LLC that: (i) You are at least 18 years old, (ii) You are mentally competent and (iii) You are not prohibited from participating in any program offered by Safety With a Passion, LLC for any reason.
- You acknowledge that other people may participate in a program at the same time as You, and that the other participants may be able to see You, and hear You, to the same extent that You can see and/or hear them. As such, You have no expectation of privacy as to any image, sound or information that you broadcast or disclose during any program. By participating in any program offered by Safety With a Passion, LLC, You waive and release all claims against Safety With a Passion, LLC that You have or may have which allege an invasion of Your privacy or the disclosure of personally identifiable information.
- You acknowledge that training sessions provided by Safety With a Passion, LLC may be recorded and subsequently made available for future viewing by all participants in the particular training session, including You. You waive and release any claim You have or may have to any compensation for appearing in any recording, and also to any copyright or other intellectual property interest You have or may have in such recording.
- You acknowledge and agree that all trademarks, service marks, copyrights, patents and other intellectual property rights which comprise, or which are inherent in, or which are used to deliver the Services to You by Safety With a Passion, LLC are and will remain the sole and exclusive property of Safety With a Passion, LLC. You may not use, reproduce, license, sublicense or display any of such trademarks or intellection property absent Safety With a Passion, LLC’s prior written consent in each instance.
- Safety With a Passion, LLC’s website and other literature and instructional or promotional materials, including their entire contents, features, and functionality are owned, controlled, or licensed by Safety With a Passion, LLC. As such, they are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly provided herein, You may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the same for any purpose whatsoever. You may, however, use, view and download such information for Your own use, subject to the terms hereof, other than software or source code. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading, installing, accessing or viewing any material provided by Safety With a Passion, LLC.
- Your use of Safety With a Passion, LLC’s website and/or Services imposes on You an obligation of appropriate use and conduct. This includes but is not limited to avoiding an unreasonable or disproportionately large processing load on Safety With a Passion, LLC’s systems, not engaging in conduct that restricts or inhibits use of Safety With a Passion, LLC’s programs by others, and not introducing or transmitting any virus, worm, Trojan horse or other harmful material that may interfere with Safety With a Passion, LLC’s business.
- You may use Safety With a Passion, LLC’s information and techniques for lawful purposes only, and never in a way that violates any applicable federal, state, local, or international law or regulation.
- No person using or accessing Safety With a Passion, LLC’s website shall have any expectation of privacy with respect to information supplied to the site. Safety With a Passion, LLC specifically disclaims all responsibility and liability for any hacking or unauthorized access to or use of its website or any information available thereon.
- Should Safety With a Passion, LLC’s website contain links to websites controlled or offered by third parties, Safety With a Passion, LLC disclaims all responsibility and liability for any third party’s website content, products, privacy policies, or security. If You choose to use any services offered on a linked website, You agree to read and adhere to the policies and terms of use applicable to that site. In addition, You understand and agree that any advice, opinions, services, products, or recommendations provided by the linked site providers are those of such providers and not of Safety With a Passion, LLC. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between You and the linked site provider.
- You understand and agree that any and all suggestions, comments and feedback that You submit [“Feedback”] shall be deemed to be non-confidential, and may be used by Safety With a Passion, LLC in any way and for any purpose whatsoever, without any compensation due to You. This includes without limitation Feedback which concerns ideas for new or improved services, concepts, know-how, techniques, etc.
- YOU AGREE THAT THE SERVICES PROVIDED BY SAFETY WITH A PASSION, LLC ARE OFFERED "AS IS," “AS AVAILABLE,” "WHERE IS," AND "WHERE AVAILABLE,” WITH NO WARRANTY OF ANY KIND - WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS DISCLAIMER INCLUDES WITHOUT LIMITATION WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- YOU ACKNOWLEDGE THAT THE SERVICES PROVIDED BY SAFETY WITH A PASSION, LLC WILL NOT BE UNINTERRUPTED OR ERROR FREE. YOU FURTHER ACKNOWLEDGE THAT NO GUARANTEE HAS BEEN OFFERED AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE SAME.
- TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SAFETY WITH A PASSION, LLC BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES THAT MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY YOUR RECEIPT OR USE OF THE SERVICES OR YOUR ACCESS TO SAFETY WITH A PASSION, LLC’S WEBSITE.
- TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SAFETY WITH A PASSION, LLC BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING FROM OR RELATED TO YOUR RECEIPT OR USE OF (OR INABILITY TO USE) SAFETY WITH A PASSION, LLC’S SERVICES OR ITS WEBSITE. THIS INCLUDES WITHOUT LIMITATION ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE, AND APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SAFETY WITH A PASSION, LLC’S LIABILITY TO YOU FOR DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF, SAFETY WITH A PASSION, LLC’S WEBSITE OR THE SERVICES IS LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS ($50).
- YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SAFETY WITH A PASSION, LLC AND ITS AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OR MISUSE OF THE SERVICES.
- YOU WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION BROUGHT AGAINST SAFETY WITH A PASSION, LLC.
- YOU AGREE THAT NO ACTION MAY BE BROUGHT AGAINST SAFETY WITH A PASSION, LLC IN ANY COURT OTHER THAN THOSE COURTS LOCATED IN OR SERVING ERIE COUNTY, NEW YORK. YOU HEREBY AGREE TO THE EXCLUSIVE JURISDICTION OF SAID COURTS AND WAIVE ANY OBJECTION TO THE LAYING OF VENUE THERE.
- YOU AGREE THAT NO ACTION AGAINST SAFETY WITH A PASSION, LLC SHALL BE VALID UNLESS BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE SERVICES IN QUESTION WERE PROVIDED.
- The agreement created hereby constitutes a legally binding contract between You and Safety With a Passion, LLC, governed by New York law (United States of America) without reference to conflicts of laws. If any term herein is held to be unenforceable, the remaining terms shall be unimpaired and the unenforceable term shall be replaced by such enforceable term that comes closest to the intention underlying the unenforceable term.
- The terms of this Agreement shall bind and inure to the benefit of both (i) You and Your heirs, successors and assigns and (ii) Safety With a Passion, LLC and its owners, officers, agents, insurers, attorneys, successors and assigns.