This Website Terms and Conditions of Use Agreement (referred to throughout this Agreement as the “Terms and Conditions”) applies to all users of the website OSHAlogs.com (the “Website”).
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The Website’s owner and manager, Boss Intellectual Capital, LLC (the “Company”), asks that you read the following Terms and Conditions, all of which cover your use of the Website and any transactions that you engage in through the Website.
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Accordingly, by accessing, viewing, or using the Website, you (and any other employees, agents, or related parties accessing, viewing, or using the Website on your behalf) acknowledge that you have read, understand, and agree with these Terms and Conditions.
USE OF THE WEBSITE
The Website is provided solely for the purpose of completing OSHA and/or state regulated injury and illness related reports for submission to government and regulatory agencies. Any other use of the Website is prohibited.
By way of example, you should not use any features of the Website to post, transmit, display, or otherwise communicate: (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (ii) any advertisement, solicitation, spam, or other similar type of information; (iii) any encouragement of illegal activity; (iv) any unauthorized use or disclosure of private, personally identifiable information of others; or (v) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
WEBSITE CONTENTS AND OWNERSHIP
The information contained on or used as a component of the Website, including all source code, images, designs, photographs, writings, graphs, data, and other materials, are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of the Website (including any content generated by the Website) solely for the purposes of using the Website for the authorized uses described above.
It is your responsibility (not the Company’s) to retain backup copies of any content generated by the Website and retain copies of all proprietary and confidential information that you enter or submit into the Website. You shall comply with all applicable local, state, national, and international laws and regulations (including copyright laws) in your use of the Website and prevent unauthorized copying of the proprietary materials contained on or used as a component of the Website.
Except as provided in these Terms and Conditions, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, trade secret information, or other proprietary materials contained on or used as a component of the Website.
DISCLAIMER OF WARRANTY
ACCESS TO THE Website is provided “AS IS” and on an “AS AVAILABLE” basis.
the Company will not be liable for the loss of data or any losses resulting from the interruption of service unless such loss of data or interruption in service is caused by the Company’s gross negligence or willful misconduct.
THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL THE COMPANY OR ANY OTHER PARTY INVOLVED IN PROVIDING ACCESS TO THE WEBSITE OR PERFORMING ANY OTHER SERVICES OR OBLIGATIONS ON BEHALF OF A USER BE LIABLE TO SUCH USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO ACCESS OR USE THE WEBSITE, WHETHER ARISING IN CONTRACT OR IN TORT, OR RESULTING FROM THE FAULT OR NEGLIGENCE OF THE COMPANY.
THE COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE WEBSITE, AND THE USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT THE USER’S OWN RISK.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises.
As a convenience to you, the Company may provide external links on the Website to other websites operated by third party persons and entities (collectively, the “Linked Sites”). If you use any of the Linked Sites, you will leave the Website. If you decide to visit any of the Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
The Linked Sites, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links, etc.) are not maintained, controlled, or otherwise governed by the Company. The content, accuracy, opinions expressed, and other links provided by the Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing or offered on any of the Linked Sites other than linked information authored by the Company. Links do not imply that the Company or the Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any of the Linked Sites is authorized to use any trademark, trade name, logo, or copyright symbol of the Company or any of its affiliates or subsidiaries.
Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on: (i) any of the Linked Sites; (ii) any information and/or content found on any of the Linked Sites; or (iii) any website(s) linked to or from any of the Linked Sites. If you decide to visit any of the Linked Sites and/or transact any business on them, you do so at your own risk.
The Company reserves the right to discontinue any of the Linked Sites at any time without prior notice. Please contact the webmasters of any of the Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
These Terms and Conditions will be governed by, construed, and enforced in accordance with the laws of the State of Michigan without reference to its conflict-of-law provisions.
You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located Ottawa County, Michigan for any disputes with the Company arising out of your use of the Website.
The Company makes no representation that the information contained on or used as a component of the Website is appropriate or available for use outside the United States. If you access the Website from outside the United States, you will be responsible for compliance with all applicable laws (and as set forth above, by using the Website, you agree to comply with all applicable laws and regulations).
These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any portion of these Terms and Conditions is determined by a court or other tribunal to be invalid, the remaining provisions of these Terms and Conditions will not invalidated.
A waiver by the Company of a breach or violation of any covenant or duty of the user under these Terms and Conditions is not a waiver of a breach or violation of any other covenant or duty of the user or any subsequent breach or violation of the same covenant or duty.
MODIFICATIONS TO AGREEMENT
The Company may revise these Terms and Conditions at any time and you agree to be bound by them. Any such modifications will become effective on the date they are first posted to the Website. It is your responsibility to return to these Terms and Conditions from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.
Additionally, you agree that the Company is authorized and directed to submit any information that you enter or submit into the Website to the authorized insurance agent or agency associated with your business. This information is submitted to such insurance agent or agency as a convenience to you in furtherance of the Website’s purpose of facilitating the completion of OSHA and/or state regulated injury and illness related reports for submission to government and regulatory agencies.
Additionally, you agree that if you click on an “I agree”, “I consent”, or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device on the Website, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.