Terms and Conditions

SafetyAmp Terms and Conditions

These Terms and Conditions (“Terms”, “Terms of Service”, “Terms and Conditions”) govern your use of our services located at https://www.safetyamp.com, and any subdomain therein, and any applications, mobile or otherwise, (together or individually “Service”, “Services”) operated by HRDL, Inc DBA SafetyAmp (“SafetyAmp”, “Company”, “us”, “we”, “our”).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our Service. Please read it here: https://www.safetyamp.com/privacy-policy.

Please read these Terms and Conditions carefully before using the Services offered by SafetyAmp. By using our Service, you acknowledge that you have read and understood these Terms and Conditions and our Privacy Policy (“Agreements”), and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service. These Agreements apply to all visitors, users, and others who wish to access or use Services.

If any seperate signed written Terms exist with respect to the Service between you (“you”, “User”) or the entity that you represent or are employed by (“Employer”, “Customer”), the terms of that signed written agreement will take precedence over this agreement, and you represent and warrant that User and Employer are bound by the terms of that signed written service agreement.

1. Communications

By creating an Account on our Service, you agree to subscribe to electronic we may send to you. You may opt out of receiving any or all of these communications from us by following the unsubscribe link or by emailing customer support.

2. Support

SafetyAmp will use reasonable efforts to make the Service available 99.5% of a calendar year, except for planned maintenance, emergency maintenance, if ordered by a law enforcement or government agency, or if SafetyAmp in its sole discretion believes downtime is required for security or emergency purposes.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Payment of Fees

Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”, the “Subscription”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees, Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.

Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the electronic communication of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

5. Responsibility and Prohibited Use

You represent and warrant that you will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.

You acknowledge and warrant that the Service may use services operated by third parties (“Third Party Providers”). SafetyAmp is not responsible for the availability or operation of any Third Party Providers. SafetyAmp is not responsible for the availability and operation of aspects of its Service that depend upon Third Party Providers.

Unless you have entered into a written agreement with SafetyAmp, you acknowledge that SafetyAmp is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. You must not use, disclose, transmit, or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. You agree that Company cannot support and has no liability for PHI and that the Company does not guarantee the validity of any electronic transaction involving PHI or data of any other kind.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Company rating.

(i) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.

(i) Otherwise attempt to interfere with the proper working of Service.

6. Employer Terms of Use

Employer agrees and warrants that (i) it is solely responsible that use of Service and storage of data is compliant with the local laws of the Employer and its employees; and (ii) it is solely responsible that its policies regarding the handling of data aligns with its use of the Service; and (iii) it will hold Company harmless against all claims, costs, and damages for any fines, penalties, injuries, illnesses, or deaths of any employer, individual, or third party as a result of the use of the Service; and (iv) it is solely responsible for the disclosure of any information about any person or party other than as authorized; and (v) it must not store or transmit Protected Health Information as defined by HIPAA with the Service unless a signed HIPAA Business Associate Agreement exists between it and Hrdl, Inc exists; and (vi) the Service and the data it stores and transmits is hosted on servers located in the United States but may transit such data through trusted third party services whose servers may be hosted outside of the United States; and (vii) any person provisioning the Service warrants they are authorized by their Employer and possess the required authority to bind the Employer to these Terms.

7. User Terms of Use

By using the Service you agree and accept that (i) your access to the Service may be created or revoked by your Employer at any time; and (ii) you use the Service at your own risk; and (iii) under no circumstance will Company be liable for any injury, illness, property damage, or death caused to you or any other person, that results from the use of the Service; and (iv) the Employer is solely responsible for any and all information about any person in the Service; and (v) under no circumstance will Company be liable for the accuracy of any information in the Service; and (vi) the Service may send email and SMS on behalf of the Employer.

8. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

9. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. From time to time, the Service may be updated with upgrades, modifications, enhancements, fixes, or new features generally without additional charge (“Updates”), and such Updates become part the Service and subject to these Terms.

SafetyAmp shall have no obligation under these Terms or any other agreement to provide any such Updates. Customer warrants and accepts that SafetyAmp may discontinue support for prior versions of the Service at its sole discretion at any time, provided commercially reasonable efforts are used to give Customer thirty(30) days prior notice of any major changes.

10. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username or e-mail address of the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

11. Term and Termination

Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.

In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

12. Intellectual Property

Service and its features and functionality are and will remain the exclusive property of HRDL, Inc and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HRDL, Inc. From time to time, Customer, User, or Employer may provide feedback and suggestions to SafetyAmp regarding the Service(“Feedback”). Feedback shall not create any confidentially obligation for SafetyAmp, even if described as confidential by Customer, User, or Employer. By using the Service, you grant SafetyAmp a perpetual, irrevocable, royalty-free, non-exclusive license to commercially exploit or otherwise use the Feedback for any purpose.

13. Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by HRDL, Inc.

HRDL, Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT HRDL, INC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

14. Warranty and Disclaimer

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. Indemnity

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

16. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; 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. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions. Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request, allow usage of Customer logo for Company marketing efforts, and agrees to act in good faith to produce a mutually agreed upon case study if requested by Company.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of Commonwealth of Virginia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

19. Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

20. Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Last Revised: 03/21/2019