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TOS
ClickSafety.com, Inc. Terms of Use
Last Updated: January 24, 2018
ASP TERMS OF USE AGREEMENT v1.3
BY USING THE CLICKSAFETY SERVICES, AS DEFINED BELOW, YOU ARE AGREEING
ON BEHALF OF THE ENTITY USING THE SERVICE ("CUSTOMER") THAT CUSTOMER
WILL BE BOUND BY AND IS BECOMING A PARTY TO THIS ASP TERMS OF USE
AGREEMENT ("AGREEMENT") AND THAT YOU HAVE THE AUTHORITY TO BIND
CUSTOMER. IF CUSTOMER DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOTUSE THE SERVICES. CUSTOMER HAS NOT BECOME A LICENSEE
OF, AND IS NOT AUTHORIZED TO USE THE SERVICES UNLESS AND UNTIL IT HAS
AGREED TO BE BOUND BY THESE TERMS. YOUR SIGNATURE OF A CLICK SAFETY
SERVICE AGREEMENT ORDER FORM ("ORDER FORM") INDICATES YOUR AGREEMENT TO
THESE TERMS, AS SET FORTH IN SUCH ORDER FORM.
1. SERVICES. Subject to the terms and conditions of
this Agreement, ClickSafety.com agrees to provide to Customer access to
the current ClickSafety.com online training solutions, as defined in
Section 2, as set forth in Customer's signed Order Form or as selected
in Customer's e-commerce shopping cart, as applicable, and available
online at the Customer designated URL as of the Effective Date, and bug
fixes or other minor enhancements or improvements thereto made by
ClickSafety.com as well as all data, content, logos, information or
material that is available through the solution ("ClickSafety.com
Content") (collectively, all of the foregoing are the "Services"). If
any Customer contact information above is false or fraudulent,
ClickSafety.com may terminate Customer's access to the Services in
addition to pursuing any other legal remedies.
2. SERVICES DESCRIPTIONS. Customer may purchase Services either on a subscription basis or based on units purchased as described below.
2.1 (APPLICABLE ONLY IF SUBSCRIPTION SERVICES PURCHASED ON ORDER FORM) Subscription Services.
Customer may purchase an unlimited quantity of subscriptions and each
subscription may only be used by a unique user for the term of the
subscription. A subscription provides the unique user with access to the
ClickSafety.com online training courses included in the purchased
subscription package and as described in the Customer's signed Order
Form or as selected in Customer's e-commerce shopping cart. Subscription
Services are purchased with the explicit understanding that no refunds
or credits are provided in the event Customer does not fully utilize or
assign the full quantity of subscriptions within the term of the
subscription. Subscription package course offerings and pricing are
subject to change without notice; provided that no price change will be
effective for a then-current pre-paid subscription and will only be
effective for future subscriptions purchases. Purchased subscription
packages may be eligible for complimentary new course offerings as
available. Access to the subscription package shall provide the unique
user with unlimited access to the courses within the subscription
package over the term of the subscription. Courses provided under the
OSHA Outreach Training program must be completed within six months from a
user's start of the course and, if not so completed, the course must be
restarted in its entirely.
2.2 (APPLICABLE ONLY IF UNIT SERVICES PURCHASED ON ORDER FORM) Unit Services.
Customer may purchase units that may be redeemed for training courses.
Customer's quantity of units purchased and price per unit shall be as
defined in the Customer's signed Order Form or as selected in Customer's
e-commerce shopping cart. Each online training course has an assigned
unit value where Customer may redeem the applicable unit value of units
for access to the course. Customer's account of units will be debited or
redeemed upon Customer's first assignment of the applicable course to a
unique user by the Company's course administrator or upon the Effective
Date if the units were purchased without an LMS account. In the event
that a course is not started within twelve (12) months of assignment,
the corresponding unit value will expire without refund. ClickSafety
reserves the right to deactivate any Customer account and terminate any
units outstanding therein in the event that no course assignment has
been made in the prior twelve (12) month period. Courses and their
corresponding unit values may be re-assigned to alternate unique users
however assigned unit values are nonrefundable and permanently debited
from the Customer's account. Notwithstanding anything to the contrary
herein, courses provided under the OSHA Outreach Training program must
be completed within six months from a user's start of the course and, if
not so completed, the corresponding units will expire and the course
must be restarted in its entirely. Any unit that expires can be
repurchased at a specified rate, as periodically adjusted, by
ClickSafety.com. ClickSafety.com reserves the right to alter, change,
or re-value online courses at any time and to add or delete products and
services available for purchase with units.
2.3 Learning Management System ("LMS"). A LMS
subscription is required to access Subscription Services' and Unit
Services' online reporting and user management features for multiple
unique users. Customer's quantity of LMS accounts purchased and price
per account shall be as defined in the Customer's signed Order Form or
as selected in Customer's e-commerce shopping cart. LMS features and
pricing are subject to change without notice provided that no price
change will be effective for previously purchased items and will only be
effective for future purchases. LMS subscriptions may be eligible for
complimentary upgrades as available.
2.4 Contractor Training Portal ("CTP") If Customer
purchases the CTP, the terms and conditions of Customer's CTP
implementation are as defined in Customer's Order Form. The Order Form
is the governing agreement between Customer and ClickSafety.com for the
CTP implementation. Where the CTP Order Form does not otherwise state
the CTP terms, then this Agreement shall control.
2.5 Professional Services. Customer may request
custom online training solutions, custom support for existing online
training solutions, or other related products and services in addition
to the Services described hereunder. The terms and conditions for
Professional Services shall be as set forth in the Customer's signed
Order Form. Professional services are billed on an hourly rate or as
otherwise mutually agreed within the Order Form.
3. LICENSE GRANT. Subject to the terms and
conditions of this Agreement, ClickSafety.com hereby grants to Customer,
(and to each Customer employee or authorized contractor who accesses
the Services by means of Customer's account and an authorized password),
subject to all of the terms and conditions of this Agreement, a
non-exclusive, non-transferable, non-sub licensable license to access
and use the Services via the Internet, solely for internal business
purposes in accordance with any applicable end user documentation.
Customer agrees to be solely responsible for the acts and omissions of
Customer contractor in connection with the Services and this Agreement.
4. LICENSE RESTRICTIONS. Customer shall not, and
shall not permit any party to, directly or indirectly, (i) reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code or underlying ideas or algorithms of the Services; (ii)
modify, translate, or create derivative works based on the Services;
(iii) rent, lease, distribute, sell, resell, assign, or otherwise
transfer rights to the Services; (iv) use the Services for timesharing
or service bureau purposes or otherwise for the benefit of a third
party; (v) remove any proprietary notices from the Services; (vi)
publish or disclose to third parties any written evaluation of the
Services without ClickSafety.com 's prior written consent.
5. PASSWORDS/SECURITY.
5.1 Passwords. If applicable, ClickSafety.com shall
issue to Customer, or shall authorize a Customer administrator to issue,
a password for each user of the Services authorized to use Customer's
account for whom Customer has paid the applicable fee. Customer and its
users are responsible for maintaining the confidentiality of all
passwords and for ensuring that each password is used only by the
authorized user. Customer is entirely responsible for any and all
activities that occur under the Customer's account and all charges
incurred from use of the Services accessed with the Customer's
passwords. Customer agrees to immediately notify ClickSafety.com of any
unauthorized use of the Customer's account (including each password of
each user accessing the Services by means of Customer's account) or any
other breach of security known to Customer. ClickSafety.com shall have
no liability for any loss or damage arising from Customer's failure to
comply with these requirements.
5.2 Security. Customer acknowledges that,
notwithstanding any security precautions that ClickSafety.com implements
with respect to the Services, the use of or connection to the Internet
provides the opportunity for unauthorized third parties to circumvent
such precautions and illegally gain access to the Services. Accordingly,
ClickSafety.com cannot and does not guaranty the privacy, security or
authenticity of any information so transmitted over or stored in any
system connected to the Internet.
6. CUSTOMER SUPPORT. Except as expressly stated on
Customer's Order Form or in the e-commerce shopping cart process, as
applicable, the Fees set therein include the provision to Customer of
ClickSafety.com's standard telephone, email and web support as described
at www.clicksafety.com.
7. CLICKSAFETY.COM CONTENT. As between
ClickSafety.com and Customer, ClickSafety.com shall own all right, title
and interest in and to the ClickSafety.com Content.
8. CUSTOMER OBLIGATIONS.
8.1 Hardware. Customer is responsible for obtaining
and maintaining all computer hardware, software and communications
equipment needed to access and use the Services, and for paying all
third-party access charges (e.g., ISP, telecommunications) incurred
while using the Services.
8.2 Customer Responsibilities. Customer shall be
solely responsible for its actions and the actions of its users while
using the Services. Customer acknowledges and agrees: (1) that Customer
is responsible for Customer and Customer's workforce abiding by all
local, state, national, and international laws and regulations
applicable to Customer's use of the Services; (2) not to use the
Services for illegal purposes; (3) not to interfere or disrupt networks
connected to the Services; (4) that Customer assumes the risk for
Customer's workforce's use of the Services; (5) that Customer is
responsible for selecting appropriate training courses for its workforce
and for requiring its workforce to take such training courses through
the Services; and (6) that Customer is responsible for ensuring that its
workforce is adequately and appropriately trained for the work that
they provide.
8.3 Administrator Responsibility The Customer
administrator is responsible for inputting user data for each authorized
user and distributing user credentials. ClickSafety is not responsible
for any administrative task, including but not limited to, reporting,
uploading user data, and distributing user credentials. Any services
provided by ClickSafety related to such administrative duties or setup
procedures will be performed at an additional fee at ClickSafety's then
current rates.
9. FEES AND TAXES.
9.1 Fees. Customer agrees to pay the applicable
fee(s) set forth in the Order Form or Customer's e-commerce shopping
cart, as applicable, for the Services based on the training courses or
units purchased that may be redeemed for training courses in accordance
with the fees, charges, and billing terms set forth in this Agreement
("Fees"). Except as otherwise provided in the Order Form or Customer's
e-commerce shopping cart, as applicable, all Fees are quoted in the
United States currency. Except as otherwise provided in this Agreement,
Fees are non-refundable. In addition to such Fees, Customer shall pay
all applicable sales, use and other taxes or duties (excluding taxes
based on ClickSafety.com's income). If ClickSafety agrees to provide any
Customer requested changes to ClickSafety content, courses, or
material, such changes shall be performed under the terms of a separate
agreement with ClickSafety at ClickSafety's then current fee for such
custom work.
9.2 Payments. If Customer signs an Order Form, fees
for the Services will be invoiced in accordance with payment frequency
and other terms set forth in the relevant Order Form or will be invoiced
in advance for units purchased that may be redeemed for training
sessions. Unless otherwise stated in the Order Form, Fees are due upon
receipt of the invoice. If Customer purchases the Services through the
e-commerce shopping cart, fees are due and payable at the time of
purchase. Any payment not received from the Customer by the due date
shall accrue (except with respect to charges then under reasonable and
good faith dispute), at the lower of 1.5% of the outstanding balance per
month (being 18% per annum), or the maximum rate permitted by law, from
the date such payment is due until the date paid. Where payment is due
upon receipt of invoice interest shall accrue from twenty-five calendar
days after receipt of invoice until the date paid. Customer shall also
pay all sums expended (including reasonable legal fees) in collecting
overdue payments. If Customer believes that the bill is incorrect,
Customer must contact ClickSafety.com in writing within thirty (30) days
of the receipt of invoice date of the invoice containing the amount in
question to be eligible to receive an adjustment or credit.
10. TERM.
10.1 (APPLICABLE ONLY IF SUBSCRIPTION SERVICES PURCHASED ON ORDER FORM) Subscription Services.
The Subscription Services shall commence on the Effective Date and
shall continue for a period of twelve (12) months. Unless otherwise set
forth on the Order Form, the Subscription Services will automatically
renew at ClickSafety.com's then current list prices, for additional one
(1) year periods, unless either party gives the other party notice of
its intent not to renew at least ninety (90) days prior to the end of
the initial term or any renewal term. Termination will be effective at
the end of the applicable term in which such notice is received.
Customer shall be responsible for all Fees for the applicable term in
which termination occurs, and ClickSafety.com shall not issue any
refunds for such term.
10.2 (APPLICABLE ONLY IF UNIT SERVICES PURCHASED ON ORDER FORM) Unit Services.
The Unit Services shall commence on the Effective Date and shall
continue for a period of twelve (12) months. Termination will be
effective at the end of the applicable term in which such notice is
received. Customer shall be responsible for all Fees for the applicable
term in which termination occurs, and ClickSafety.com shall not issue
any refunds for such term.
11. TERMINATION.
11.1 Breach. Except as provided in Section 11.3
below, either party may terminate this Agreement upon written notice if
the other party has breached a material term of this Agreement and has
not cured such breach within thirty (30) days of receipt of notice from
the non-breaching party specifying the breach.
11.2 Insolvency. Either party may terminate this
Agreement if (i) the other party has a receiver appointed for it or its
property; (ii) the other party makes an assignment for the benefit of
creditors; (iii) any proceedings are commenced by, for or against the
other party under any bankruptcy, insolvency or debtor's relief law; or
(iv) the other party is liquidated or dissolved.
11.3 Failure to Pay/Customer Conduct.
ClickSafety.com may suspend or terminate the Services, at its sole
option, with or without notice to Customer if: (i) any payment is
delinquent by more than sixty (60) days, or (ii) Customer breaches any
provision of Section 8.2 or any of the license terms or restrictions in
this Agreement.
11.4 Effect of Termination. ClickSafety.com shall
not be liable to Customer or any third party for suspension or
termination of the Services in accordance with this Agreement. If
Customer or ClickSafety.com terminates this Agreement, Customer will be
obligated to pay the balance due for all Services provided prior to
termination. Upon the effective date of expiration or termination of
this Agreement for any reason, whether by Customer or ClickSafety.com,
Customer's right to use the Services shall immediately cease. Sections
7, 8.2, 11, 12, 13, 14, 16 and 18 of this Agreement shall survive its
expiration or termination for any reason.
12. PROPRIETARY RIGHTS. Customer acknowledges that
the Services and all content contained therein, including but not
limited to text, software, music, sound, photographs, video, graphics,
and third party materials and advertisements (collectively, "Content")
is proprietary to ClickSafety.com or such third parties, and
ClickSafety.com or such third parties retain exclusive ownership of the
same throughout the world, including all related copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights
thereto. Except as expressly stated herein, this Agreement does not
transfer any right, title or interest in the Services or the Content to
the Customer.
13. CONFIDENTIALITY.
13.1 Obligations. Each of the parties agrees to
maintain in confidence any non-public information of the other party,
whether written or otherwise, disclosed by the other party in the course
of performance of this Agreement that a party knows or reasonably
should know is considered confidential by the disclosing party
("Confidential Information"). The parties hereby agree that Confidential
Information includes the terms and conditions of this Agreement, and
any discussions related thereto. The receiving party shall not disclose,
use, transmit, inform or make available to any entity, person or body
any of the Confidential Information, except as a necessary part of
performing its obligations hereunder, and shall take all such actions as
are reasonably necessary and appropriate to preserve and protect the
Confidential Information and the parties' respective rights therein, at
all times exercising at least a reasonable level of care. Each party
agrees to restrict access to the Confidential Information of the other
party to those employees or agents who require access in order to
perform hereunder, and, except as otherwise provided, neither party
shall make Confidential Information available to any other person or
entity without the prior written consent of the other party.
13.2 Exclusions. Confidential Information shall not
include any information that is (i) already known to the receiving party
at the time of the disclosure; (ii) publicly known at the time of the
disclosure or becomes publicly known through no wrongful act or failure
of the receiving party; (iii) subsequently disclosed to the receiving
party on a non-confidential basis by a third party not having a
confidential relationship with the other party hereto that rightfully
acquired such information; or (iv) communicated to a third party by the
receiving party with the express written consent of the other party
hereto. A disclosure of Confidential Information that is legally
compelled to be disclosed pursuant to a subpoena, summons, order or
other judicial or governmental process shall not be considered a breach
of this Agreement; provided the receiving party provides prompt notice
of any such subpoena, order, or the like to the other party so that such
party will have the opportunity to obtain a protective order or
otherwise oppose the disclosure.
13.3 Destruction or Return of Confidential Information.
Upon expiration or termination of this Agreement for any reason, each
party shall promptly return to the other party, or destroy, as the
parties agree, all copies of the other party's Confidential Information.
All copies, notes or other derivative material relating to the
Confidential Information shall be promptly retrieved or destroyed, as
agreed, and no such material shall be retained or used by the receiving
party in any form or for any reason.
14. WARRANTY DISCLAIMER.
THERE ARE NO WARRANTIES OR CONDITIONS (WHETHER IMPLIED OR ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE) FOR THE SERVICES OR SUPPORT. CLICKSAFETY.COM DISCLAIMS ALL
STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING WITHOUT
LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR
OTHERWISE. CLICKSAFETY.COM DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SERVICES WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT
THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
CLICKSAFETY.COM USES COMMERCIALLY REASONABLE EFFORTS TO MONITOR
GOVERNMENTAL AND INDUSTRY SAFETY LAWS AND REGULATIONS WITHIN A
REASONABLE PERIOD OF TIME FROM WHEN SUCH CHANGES TO SUCH LAWS OR
REGULATIONS ARE PUBLISHED BUT CLICKSAFETY.COM DOES NOT WARRANT THAT THE
INFORMATION AVAILABLE THROUGH THE SERVICES WILL MEET CURRENT
GOVERNMENTAL OR INDUSTRY SAFETY REGULATIONS, INCLUDING, WITHOUT
LIMITATION, FEDERAL AND STATE OSHA REGULATIONS OR THAT ALL ERRORS IN THE
SERVICES CAN OR WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
SERVICES IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT
CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF
SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
CUSTOMER.
15. INDEMNIFICATION. Customer shall indemnify,
defend, or at its option settle, any third party claim or suit against
ClickSafety.com based on a claim: (i) of any breach of this Agreement by
Customer, its affiliates, employees agents, successors and assigns; and
(ii) relating to or based upon the acts, omissions or activities
conducted by Customer, its employees, contractors and agents, using or
that used the Services; and Customer shall pay any final judgment
entered against ClickSafety.com in any such proceeding or agreed to in
settlement. ClickSafety will promptly notify Customer in writing of such
claim or suit and give all information and assistance reasonably
requested by Customer or such designee.
16. LIMITATION OF LIABILITY.
16.1 Limitation on Direct Damages. IN NO EVENT SHALL
CLICKSAFETY.COM'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY
WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER FOR THE
SERVICES THAT DIRECTLY GAVE RISE TO THE DAMAGES CLAIMED, WITHOUT REGARD
TO WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, INCLUDING
NEGLIGENCE.
16.2 Disclaimer of Consequential Damages. IN NO
EVENT SHALL CLICKSAFETY.COM OR ITS SUPPLIERS BE LIABLE (A) FOR ANY
INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (B) TO THIRD
PARTIES CLAIMING THROUGH CUSTOMER; EVEN IF CLICKSAFETY.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3 Essential Purpose. The essential purpose of
this Section 16 is to limit the potential liability of the parties
arising under this Agreement. The parties acknowledge that the
limitations set forth in this Section 16 are intricate to the amount of
consideration levied in connection with the license of the Services and
that, were ClickSafety.com to assume any further liability, such
consideration would out of necessity, been set much higher.
17. OSHA Outreach Completion Card Policy
17.1 OSHA Cards Delivery. A Department of Labor
course completion card may be offered upon completion of certain
ClickSafety courseware. OSHA completion cards are sent within 6 weeks
of completion date. ClickSafety is excused from delays in card delivery,
or failure to perform any of its obligations hereunder due to and for
the duration of any event beyond its control and without its fault,
including without limitation, any actions or impositions of local, state
or federal government authorities, acts of nature, acts of terrorism,
any strike or labor unrest or interruption in services vital to the
conduct of normal operating activities of either.
17.2 Outreach Training Limited to OSHA Jurisdiction.
The Outreach Training Program is intended for workers covered under the
OSH Act. For this reason, OSHA Outreach Training Program classes must
be limited to training conducted within OSHA's jurisdiction. Classes
delivered outside of OSHA's jurisdiction will not be recognized as
Outreach Training Program classes, and trainers will not receive student
course completion cards for those students.
17.3 Replacing a Student Card. Replacement course
completion cards will not be issued if the training took place more than
three years ago. Students must supply their name, the training date,
and the type of class to receive a replacement card. Only one
replacement may be issued per student. Students will not be charged a
replacement fee within six (6) months from course completion, after the
initial six (6) month period a fee of $40.00 will be charged per card.
17.4 Misprinted Course Completion Cards. Return all
misprinted student course completion cards to the Authorizing Training
Organization to obtain replacement student course completion cards. Do
not attempt to correct and use these cards.
18. GENERAL.
18.1 All notices to a party shall be in writing and
sent to the addresses specified in the Order Form or the e-commerce
shopping cart, as applicable, and shall be deemed to have been duly
given when received, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or email; the day
after it is sent, if sent for next day delivery by recognized overnight
delivery service; and upon receipt, if sent by certified or registered
mail, return receipt requested.
18.2 This Agreement may not be assigned or
transferred by Customer, by merger, operation of law or otherwise,
without ClickSafety.com's prior written consent.
18.3 This Agreement, together with all addenda,
schedules, and exhibits, and the Order Form, if applicable, constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous agreements and understandings between the parties
relating to the subject matter hereof.
18.4 This Agreement may be amended or superseded only by a written instrument signed by both parties.
18.5 This Agreement shall be governed by the laws of
the state of California, excluding its conflict of laws rules. The
parties agree that the Uniform Computer Information Transactions Act
(UCITA) is hereby excluded from application to this Agreement and the
parties agree that the United Nations Convention for the International
Sale of Goods is excluded in its entirety from this Agreement.
18.6 Any provision of this Agreement held to be
unenforceable shall not affect the enforceability of any other
provisions of this Agreement. In the event of any conflict between the
terms of this Agreement and the terms of any agreement, the terms of
this Agreement shall control.
18.7 Neither party shall be in default if its
failure to perform any obligation under this Agreement is caused solely
by supervening conditions beyond that party's reasonable control,
including acts of God, civil commotion, war, strikes, labor disputes,
third party Internet service interruptions or slowdowns, vandalism or
"hacker" attacks, acts of terrorism or governmental demands or
requirements.
18.8 ClickSafety.com may use Customer's name as part
of a general list of customers and may refer to Customer as a user of
the Services in its general advertising and marketing materials. Each
party shall obtain the other party's permission prior to using the other
party's name for any other marketing or promotional purposes.
18.9 The parties agree that any press release or
other public comments issued by either party relating to this Agreement,
any dispute under this Agreement or Customer's use of the Services,
will be prepared jointly between ClickSafety.com and Customer and will
be issued upon mutual agreement of the parties.
18.10 Pre-printed terms and conditions on or attached to any Customer purchase order shall be of no force or effect.
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