Terms and Conditions
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
"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
3. ASP Terms and Conditions Agreement
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
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
8. Links to Other Websites
9. Links to this Website
10. Use of Communications Facilities
- 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:
• 11.1.2 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.
13.1 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
- 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
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.
- 22.1 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
24. Changes to the Facilities and these Terms and Conditions
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
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
29. Previous Terms and Conditions
30. Third Party Rights
- 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.
- 32.1 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.