Terms and Conditions

This agreement applies as between you, the User of this Website and SaferELDT.com, the owner(s) of this Website. Your agreement to comply with and be bound by all Clauses of these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon you clicking the “Buy” button for the order.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Customer”: means any individual who purchases a product on SaferELDT.com;
"Student": means the individual who takes and completes a course on SaferELDT.com;
"Facilities": means collectively any online facilities, tools, services or information that SaferELDT.com makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the SaferELDT.com proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 15 Rivers Drive Hattiesburg, MS 39401;
"System": means any online communications infrastructure that SaferELDT.com makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by SaferELDT.com Ltd and acting in the course of their employment;
"Website": means the website that you are currently using SaferELDT.com and any sub-domains of this site (e.g. subdomain.safereldt.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means SaferELDT.com, a company incorporated in the United States of America, located at 15 Rivers Drive Hattiesburg MS 39401

2. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

3. ASP Terms and Conditions Agreement

BY USING THE SAFERELDT SERVICES, AS DEFINED BELOW, YOU ARE AGREEING ON BEHALF OF THE ENTITY USING THE SERVICE ("CUSTOMER" and/or "STUDENT") THAT CUSTOMER AND/OR STUDENT WILL BE BOUND BY AND IS BECOMING A PARTY TO THIS ASP TERMS AND CONDITIONS AGREEMENT ("AGREEMENT") AND THAT YOU HAVE THE AUTHORITY TO BIND CUSTOMER AND/OR STUDENT. IF CUSTOMER AND/OR STUDENT DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER AND/OR STUDENT HAVE NOT BECOME A LICENSEE OF,  AND ARE NOT AUTHORIZED TO USE THE SERVICES UNLESS AND UNTIL IT HAS AGREED TO BE BOUND BY THESE TERMS. YOUR SIGNATURE OF A SAFERELDT SERVICE AGREEMENT ORDER FORM ("ORDER FORM"), OR COMPLETION OF THE TRAINING SECTION: ("STUDENT INFORMATION FOR FMCSA SUBMISSION")  INDICATES YOUR AGREEMENT TO THESE TERMS, AS SET FORTH IN SUCH ORDER FORM.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SaferELDT.com, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by United States and International intellectual property and other laws.
  • 4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. License Grant

Subject to the terms and conditions of this Agreement, SaferELDT.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.

6. 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 SaferELDT.com 's prior written consent.


7. SaferELDT.com Content

As between SaferELDT.com and Customer, SaferELDT.com shall own all right, title and interest in and to the SaferELDT.com Content.

8. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SaferELDT.com or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site safereldt.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: your_number.

10. Use of Communications Facilities

You acknowledge that SaferELDT.com reserves the right to monitor any and all communications made to Us or using Our System. You acknowledge that SaferELDT.com may retain copies of any and all communications made to Us or using Our System.

11. Accounts

  • 11.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
•    11.1.1 all information you submit is accurate and truthful;
    11.1.2 you have permission to submit Payment Information where permission may be required; and
•    11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 11.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

12. Termination and Cancellation of Accounts

  • 12.1  Either SaferELDT.com or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 12.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

13. Passwords/Security

  • 13.1  Passwords. If applicable, SaferELDT.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 SaferELDT.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. SaferELDT.com shall have no liability for any loss or damage arising from Customer's failure to comply with these requirements.
  • 13.2 Security. Customer acknowledges that, notwithstanding any security precautions that SaferELDT.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, SaferELDT.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.

14. Services, Pricing and Availability

  • 14.1 While every effort has been made to ensure that all general descriptions of Services available from SaferELDT.com correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
  • 14.2 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 14.3 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

15. Customer Obligations

  • 15.1 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.ices altogether.
  • 15.2 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.
  • 15.3 Administrator Responsibility The Customer administrator is responsible for inputting user data for each authorized user and distributing user credentials. SaferELDT is not responsible for any administrative task, including but not limited to, reporting, uploading user data, and distributing user credentials. Any services provided by SaferELDT related to such administrative duties or setup procedures will be performed at an additional fee at SaferELDT's then current rates.

16. Orders and Provision of Services

  • 16.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Once we have accepted the order made on your behalf, there will be a binding contract between SaferELDT.com and you.
  • 16.2 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 16.3 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 16.4 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales, but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 16.5 SaferELDT.com shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 16.6 If Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • 16.7 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 16.8  SaferELDT.com provides technical support via our email and/or phone. SaferELDT.com makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

17. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from SaferELDT.com. If you need to speak to us about your Order, then please contact customer care on 1-800-940-1186 or by email at [email protected]. You may cancel an Order that we have accepted with 48 hours of the order being made.

18. Termination

  • 18.1 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.
  • 18.2  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.
  • 18.3 Failure to Pay/Customer Conduct. SaferELDT.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.
  • 18.4 Effect of Termination. SaferELDT.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 SaferELDT.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 SaferELDT.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.

19. 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 SaferELDT.com or such third parties, and SaferELDT.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.

20. Privacy

Use of the Website is also governed by Our Privacy Policy (SaferELDT.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

21. How We Use Your Personal Information (Data Protection)

  • 21.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the SaferELDT.com/privacy and your rights under that Act.
  • 21.2 We may use your personal information to:
  • 21.2.1 Provide Our Services to you;
  • 21.2.2 Process your payment for the Services; and
  • 21.2.3 Submit your information the FMCSA Training Provider Registry.
  • 21.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

22. Confidentiality

  • 22.1 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.
  • 22.2 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.
  • 22.3 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.

23. 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. SAFERELDT.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. SAFERELDT.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. SAFERELDT.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 SAFERELDT.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.

    24. Changes to the Facilities and these Terms and Conditions

    We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

    25. Availability of the Website

    • 25.1 The Website is provided “as is” and on an “as available” basis. SaferELDT.com uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    • 25.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    26. Limitation of Liability

    • 26.1 Limitation on Direct Damages. IN NO EVENT SHALL SAFERELDT.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.
    • 26.2 Disclaimer of Consequential Damages. IN NO EVENT SHALL SAFERELDT.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 SAFERELDT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 26.3 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 SaferELDT.com to assume any further liability, such consideration would out of necessity, been set much higher.

    27. Training Provider Registry Submission Policy

    SaferELDT.com will submit the record of completion for the product completed by the Student to the Training Provider Registry, unless explicitly told otherwise. The TPR submission will be exactly as written in the ‘Student Information for FMCSA Submission’ form at the end of each product course. Students are responsible for entering information that is accurate, true, and represents the Student who fully completed the course.

    ELDT is a federal, nation-wide mandate that covers the entire United States. Our online, ELDT Theory courses meet all federal requirements found in FMCSA 49 CFR part 380. Some states require additional training, documentation, testing, etc. before Students can gain a CDL. Students are responsible for checking their local and State requirements to ensure that they are complying with all requirements.

    28. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

    29. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

    30. Third Party Rights

    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SaferELDT.com.

    31. Communications

    • 31.1 All notices / communications shall be given to Us by email to [email protected]. Such notice will be deemed the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    • 31.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

    32. General

    • 32.1  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.
    • 32.2 This Agreement may not be assigned or transferred by Customer, by merger, operation of law or otherwise, without SaferELDT.com's prior written consent.
    • 32.3 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.
    • 32.4 This Agreement may be amended or superseded only by a written instrument signed by both parties.
    • 32.5 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.
    • 32.6 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.
      • 32.6.1 SaferELDT.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
      • 32.6.2 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 SaferELDT.com and Customer and will be issued upon mutual agreement of the parties.
      • 36.6.3 Pre-printed terms and conditions on or attached to any Customer purchase order shall be of no force or effect.
    • 32.7 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.

    33. Law and Jurisdiction

    These Terms and Conditions and the relationship between you and SaferELDT.com shall be governed by and construed in accordance with the Law of the United States and SaferELDT.com and you agree to submit to the exclusive jurisdiction of the United States.