Additional Terms of Service (Test)
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and LW Consulting, Inc. (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the manual entitled, “OSHA MANUAL” (“Manual”). As a condition of purchasing or accessing the Manual, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Manual, which provides education and information. The information contained in the Manual, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Manual, you agree to pay the following fees listed in the LW Consulting shopping cart,.
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Ownership Of All Intellectual Property
All content included as part of the Manual, such as text, graphics, logos, images, as well as the compilation thereof, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Manual are the trademarks of their respective owners.
Your use of or access to the Manual does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Manual, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Manual content. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Manual.
The Company content is not for resale. Your use of the Manual does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Manual will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Manual, you hereby agree to respect the privacy of other Manual participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Manual participants outside of the bounds of the Manual unless you receive express written permission from such other participant to share the information. Similarly, the content of the Manual contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Manual with anyone other than the Company, it’s owners and employees, and other Manual participants.
By using and accessing the Manual, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Manual or not. While the Company may provide educational and informational resources that are intended to help users of the Manual achieve optimal results, You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Manual are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Manual. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Manual.
The Company makes no warranties regarding the efficacy of the Manual. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, and documents included in or throughout the Manual. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Manual and/or any information and resources contained in the Manual. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Manual.
The information included in or throughout the Manual may include inaccuracies or typographical errors. Changes are periodically added to the information in the Manual. The Company may make improvements and/or changes in the Manual at any time.
The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Manual for any purpose. To the maximum extent permitted by applicable law, all such information is provided “as is” without warranty or condition of any kind. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or access to the Manual, with the delay or inability to use the Manual, the provision of or failure to provide any information in or throughout the Manual, or otherwise arising out of the use of the Manual, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Manual or any portion of it, your sole and exclusive remedy is to discontinue using the Manual.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Manual. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Harrisburg, Pennsylvania.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Manual, or your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Manual at any time if you violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Manual user upon the date the user initially purchases or otherwise accesses the Manual.