1. Acceptance of Agreement.

 

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

2. Copyright.

 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights of Us or the original copyright holder(s). The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site unless otherwise stated on the individual web page.  Some content presented on the Site is in the public domain and is available for use as is clearly indicated on the respective page(s) of the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

 

3. Service Marks.

 

“ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

4. Limited License; Permitted Uses.

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

5. Restrictions and Prohibitions on Use.

 

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

 

6. Forms, Agreements & Documents.

 

We may make available through the Site or through other Web sites sample and actual forms, checklists, business documents and legal documents, etc. (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state / federal laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular circumstances, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.  Content submitted for publication or display on the Site by third parties shall become the sole property of the Site and no copyright privileges shall exist for content submitted to the Site.

 

7. No Legal Advice or Attorney-Client Relationship.

 

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to / from the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

 

8. Linking to the Site.

 

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

 

9. Advertisers.

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, omission or problem in the advertiser's, sponsor's or author's materials.

 

10. Registration/Purchase.

 

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

 

11. Errors, Corrections and Changes.

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

12. Third Party Content.

 

Third party content may appear on the Site or on Askthesafetyman TV! or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author / producer and is neither endorsed by nor does it necessarily reflect our belief.

 

Certain Content. Certain of the content on this site is copyrighted by ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM, external experts, contributors and bloggers, or other third parties. This content is provided “as is” without warranty of any kind. Neither we, nor any data / content suppliers or producers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data / content suppliers or providers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the data / content is assumed by the user. Further, neither we nor any of our data / content suppliers or producers make any representations or warranties, either express or implied, with respect to the data / content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data / content suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.

 

Material contained in the content may not be duplicated or redistributed without the prior written consent of us and / or the copyright holder(s), except that one print copy of search output is permitted for use within the user’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.  Any material that is specifically produced and distributed with full reproduction / distribution rights by the authors / producers may be reproduced, distributed, stored / saved in accordance with the rights granted within the material / content.

 

Advertising and sponsored links found on content pages / video content are delivered through third party providers and are not generated by ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM and are not endorsements of any kind.

 

13. Unlawful Activity.

 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

14. Indemnification.

 

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

 

15. Nontransferable.

 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

 

16. Disclaimer.

 

Information presented or offered on the ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM websites are not meant to be a substitute for or a legal interpretation of the occupational safety and health standards for any particular state, territory or the Federal Government. Please see the governing code of regulations for your individual state, or the Labor Code for detailed and exact information, specifications, and exceptions.  The mention of any company name or display or use of particular products is for illustrative purposes only and does not constitute an endorsement by ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM.  Specified guidelines are advisory only, having been promulgated with the sole intent of offering information for interested parties. They should be regarded only as a guide that the user may or may not choose to adopt, to modify, or to reject. They do not constitute a comprehensive or complete analysis and should not be relied upon as such.  There are no warranties whatsoever that attach to this information / guidelines or to any processes, policies or procedures that may be recommend.

 

ASKTHESAFETYMAN.COM specifically DISCLAIMS AND MAKES NO WARRANTIES (EXPRESS OR IMPLIED) OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE and MAKES NO WARRANTIES REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, APPLICABILITY, OR AVAILABILITY OF INFORMATION CONTAINED IN GUIDELINES / INFORMATION PRESENTED HEREIN. IN NO EVENT SHALL ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM  BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING UNDER THE USE OF OR RELIANCE ON THE GUIDELINES OR THE INFORMATION CONTAINED IN THEM BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY OR IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

 

Further, ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM  shall not be liable in tort, contract, or otherwise, whether based in warranty, negligence, strict liability, or any other theory of liability for any action or failure to act in connection with these recommended guidelines, it being the user’s intent and understanding to absolve and to protect ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM , its successors and assigns, principals, and employees from any and all liability in tort, contract, or other liability. These guidelines may contain information provided by third-party parties, and ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM  is not responsible or liable for the truth, accuracy, applicability, or reliability of any such information provided by third parties. Mention of any company name or product does not constitute endorsement by ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM. Some information include in the ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM websites is in the public domain and may be freely copied, reprinted, distributed or saved when specifically indicated on that page or within the individual content.  All other information is considered to be original ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM content or the original work of a third party copyright holder and subject to all copyright laws.

 

17. Limitation of Liability.

 

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.

 

(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

 

18. Use of Information.

 

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, videos or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

In compliance with the Children's Online Privacy Protection Act of 1998, ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM does not accept registrations from those under 13 years of age. By registering with ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM, you represent that you are at least 13 years old. Children participating in the Children Train Free program through ASKTHESAFETYMAN.COM / TEMECULACPR.COM / CPRFUNDRAISING.COM who are younger than 13 years of age are required to have a parent or legal guardian enroll them in the training program.

 

19. Third-Party Services.

 

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

 

20. Third-Party Merchant Policies.

 

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

21. Privacy Policy.

 

This is the website for www.Askthesafetyman.com and www.TemeculaCPR.com and www.CPRfundraising.com

 

We can be reached via e-mail at WEBMASTER@ASKTHESAFETYMAN.COM

 

For each visitor to our Web page, our Web server automatically recognizes only your domain name, but not the e-mail address (where possible).

 

We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages visitors access or visit, user-specific information on what pages visitors access or visit, information volunteered by the visitor, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address if applicable).

 

The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify visitors about updates to our Web site, used by us to contact visitors for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website, to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Website.

 

With respect to cookies: www.Askthesafetyman.com does utilize cookies to identify users, previous purchases and other account information.

 

If you do not want to receive e-mail from us in the future, please let us know by or Clicking on the Op Out link located at the bottom of any email correspondence received from us.

 

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.  We NEVER sell, lease, rent or otherwise provide access to our visitor’s information for any purpose associated with product or service sales or marketing.

 

Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding a request made on the site.

 

Please provide us with your name and phone number. We will be sure your name is removed from the list IF we ever consider sharing with other organizations

 

With respect to Ad Servers: To try and bring you offers that are of interest and relevant to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of:

 

Google.com/AdSense

Eventbrite.com

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Website periodically.

 

Upon request we offer visitors the ability to have inaccuracies corrected in contact information.

 

Site visitors can have this information corrected by sending us email at the above address.

 

With respect to security: Our hosting facility has appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you at our site.

 

If you feel that this site is not following its stated information policy, you may contact us at the above mailing addresses or email address provided at the top of this page.

 

22. Disclosure Policy.

 

**RESERVED**

 

23. Payments.

 

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

 

24. Securities Laws.

 

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our filings or documents.

 

25. Links to other Web Sites.

 

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.  Please report any questionable content found on third party websites to Webmaster@Askthesafetyman.com so that we can immediately review whether or not the content / site in question meets Askthesafetyman.com's standards.

 

26. Copyrights and Copyright Agents.

 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been submitted, presented, copied or presented in a way that constitutes copyright infringement, please provide our Copyright Agent the following information.  Content that has been flagged for copyright review will be removed from the Site until such time as the copyright issues have been clarified:

 

a. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

b. A description of the copyrighted work that you claim has been infringed;

 

c. A description of where the material that you claim is infringing is located on the Site;

 

d. Your address, telephone number, and email address;

 

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

 

f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by United States Postal Service ONLY:

 

Copyright Agent:

 

Zach Beagle C/O

ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM

27537 Commerce Center Drive, Suite #105
Temecula, CA 92590

 

27. Information and Press Releases.

 

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about government agencies or companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

28. Legal Compliance.

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

 

29. Refund and Return Policy.

 

To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us.  ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM does not honor refund requests for any downloadable product or hands-on training programs.  Refund requests shall only apply to tangible products.

 

30. Miscellaneous.

 

This Agreement shall be treated as though it were executed and performed in Temecula, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

 

31. Arbitration.

 

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in Temecula, California. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

 

32. Termination.

 

You agree that ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM, in its sole discretion, may terminate your membership, and remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ASKTHESAFETYMAN.COM / TMECULACPR.COM / CPRFUNDRAISING.COM shall not be liable to you or any third-party for any termination of your access to the Site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.ASKthesafetyman.com. The collective work includes works that are licensed to www.ASKthesafetyman.com. Copyright 2003, www.ASKthesafetyman.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.ASKthesafetyman.com or purchasing www.ASKthesafetyman.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.ASKthesafetyman.com or to purchase www.ASKthesafetyman.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.ASKthesafetyman.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.ASKthesafetyman.com used in the site are trademarks or registered trademarks of www.ASKthesafetyman.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.ASKthesafetyman.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.ASKthesafetyman.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.ASKthesafetyman.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
www.ASKthesafetyman.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.ASKthesafetyman.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a www.ASKthesafetyman.com product is mistakenly listed at an incorrect price, www.ASKthesafetyman.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.ASKthesafetyman.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.ASKthesafetyman.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.ASKthesafetyman.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
www.ASKthesafetyman.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.ASKthesafetyman.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.ASKthesafetyman.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.ASKthesafetyman.com products) must be commenced within one (1) year after the claim or cause of action arises. www.ASKthesafetyman.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.ASKthesafetyman.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.ASKthesafetyman.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
www.ASKthesafetyman.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.ASKthesafetyman.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.ASKthesafetyman.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.ASKthesafetyman.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless www.ASKthesafetyman.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, www.ASKthesafetyman.com may link to sites operated by third parties. However, even if the third party is affiliated with www.ASKthesafetyman.com, www.ASKthesafetyman.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.ASKthesafetyman.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.ASKthesafetyman.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).