America's Leading Innovators of Workplace Injury Prevention Solutions
TERMS AND CONDITIONS OF USE
Your use of this website at www.injuryfree.com (the “Site”) and the related services (the “Services”) constitutes Your agreement to the following terms and conditions of use.
1. ACCESS AND PAYMENT
During the online registration for the Services or Product purchased: (a) select the service or product to which You would like access; and (b) agree to the payment amount. You authorized InjuryFree to charge your credit card for the Services or Products that you select in the amount that you select. You warrant and represent that all information provided to InjuryFree is true and accurate and agree to pay any expenses or damages that result to InjuryFree resulting from your entry of incorrect information. After Your registration and account activation, InjuryFree will provide You with the a receipt demonstrating Services or Products paid and access to the specific education services.
InjuryFree shall not provide Your personally identifiable information to any third party except in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on InjuryFree; (b) act in urgent circumstances to protect public safety; or (c) comply with this terms and conditions of use and otherwise provide the Services. To promote confidentiality, InjuryFree may identify and aggregate personally identifiable information for its own purposes.
3. OWNERSHIP OF INFORMATION
Information that is not personally identifying, including information that has been de-identified and aggregated, may be used for any purpose, and You shall not have any interest in such information, or products or services derived there from, except that InjuryFree shall provide You with such access as is explicitly provided for in these terms and conditions of use.
InjuryFree also may disclose and transfer Your information to a third party that acquires all or a substantial portion of its business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of InjuryFree’s assets. If InjuryFree becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, InjuryFree or its trustee in bankruptcy may sell, license, or otherwise dispose of such information in a transaction approved by the bankruptcy court.
4. COPYRIGHT AND TRADEMARK INFORMATION
InjuryFree and its content providers own all Site content, including text, templates, management report formats, customized graphics, photographs, music, data, images, audio and video clips, and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which InjuryFree has compiled, arranged, and assembled its content is protected by worldwide copyright laws and treaty provisions. Copying, publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of InjuryFree is strictly prohibited. InjuryFree reserves title and full intellectual property rights for materials downloaded or otherwise received from InjuryFree or the Site.
You may not create Your own service utilizing InjuryFree’s intellectual property nor provide Site formats, templates, or other content to third parties for the purposes of developing a similar system.
5. Notice Specific to Documents Available on this Site
Permission to use documents (such as white papers, articles, newsletters, and minutes) from this site is granted, provided that (1) the copyright notice appears in all copies and both the copyright notice and this permission notice appear, (2) use of such documents from this site is for informational and non-commercial or personal use only and documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made.
No logo, graphic, or image from the injuryfree.com site may be copied or retransmitted unless expressly permitted by the InjuryFree Company.
InjuryFree and/or its respective sponsors make no representations about the suitability of the information contained in the documents and related graphics published on this site for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. In no event shall InjuryFree and/or its respective sponsors be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of information available from this site.
The documents and related graphics published on this site could include inaccuracies or typographical errors. Changes are periodically added to the information herein.
6. Notices Regarding Documents and Services Available on this Web Site.
In no event shall InjuryFree and/or its respective sponsors be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of documents, provision of or failure to provide services, or information available from this site.
7. What about the privacy policies of third-party websites?
There are links in certain areas which will let you leave the InjuryFree site. The linked sites are not under the control of InjuryFree and InjuryFree is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. InjuryFree is not responsible for Webcasting or any other form of transmission received from any linked site. InjuryFree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by InjuryFree of the site. We encourage you to review the privacy policies posted on these (and all) sites.
8. TERMINATION FOR MISUSE
In the event that You misuse the Site or the Services by improperly copying copyrighted materials, using InjuryFree’s copyrighted materials, attempting to access information beyond Your authorization, granting access to unauthorized users, collecting personal information of other users, attempting to cause harm to InjuryFree’s servers, attempting to bypass any security mechanism, or using any of InjuryFree’s systems or services to attempt to bypass any security mechanisms in place on any remote system, running any password cracking software, violating rights of privacy or publicity, using or launching any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Site, spreading computer viruses or other damaging programs or data files, or otherwise misusing the Site or Services, as determined by InjuryFree in its discretion, InjuryFree may terminate Your and/or Your organization’s access to the Site and/or the Services without further compensation to You.
9. GOVERNING LAW; DISPUTES
The validity of this Agreement and the rights, obligations, and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles. In the event of any controversy or claim arising out of or relating to this contract, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
10. NO AGENCY
Nothing in this terms and conditions of use will be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between You and InjuryFree for any purpose. Each party is an independent contractor and does not have any authority to bind or commit the other.
Any notice provided pursuant to this terms and conditions of use shall be in writing and shall be deemed given: (i) if by hand delivery, upon receipt thereof; (ii) if mailed, three (3) days after deposit in the United States mails, postage prepaid, certified mail return receipt requested; (iii) if sent via overnight courier with receipt; or (iv) if, in the case of InjuryFree’s provision of notice, posted on the Site.
12. ASSIGNMENT; WAIVER
You may not assign this terms and conditions of use or any of its rights or obligations under this terms and conditions of use, without the prior written consent of InjuryFree. Any assignment or transfer without such written consent shall be null and void. InjuryFree may assign this terms and conditions of use upon notice to You. A waiver of any default hereunder or of any term or condition of this terms and conditions of use shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
13. ENTIRE AGREEMENT
This terms and conditions of use constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges any prior understandings, statements, negotiations between the parties, whether oral or otherwise. This terms and conditions of use may be modified from time to time by InjuryFree by posting the revised terms and conditions of use on the Site.