Terms of Use Document Outline for Safety Advocate App and Online Dashboard

Updated 12-18-23

Introduction to the Terms of Use Document

Welcome to the Safety Advocate app and Online Dashboard, services provided by Expert Safety Services ("we", "us", "our"). This document outlines the Terms of Use ("Terms") that govern your access to and use of our Safety Advocate app and Online Dashboard. By accessing or using our services, you agree to be bound by these Terms, so please read them carefully.
About Safety Advocate App and Online Dashboard

The Safety Advocate app and Online Dashboard are comprehensive tools designed to enhance workplace safety and compliance. Our services cater to both employees and employers in various industries, focusing on promoting a culture of safety and awareness.

Safety Advocate App: Our mobile application is a dynamic platform for employees, offering a range of features to foster safety in the workplace.
Key functionalities include:

- Access to Company Safety Manual: Employees can view and reference their company's safety manual directly through the app.
- Online Training Modules: Engage in interactive training sessions to stay informed about the latest safety practices.
- Creation and Review of Job Hazard Analyses (JHAs): Users can create, submit, and review JHAs, fostering a proactive approach to identifying and mitigating workplace hazards.
- Weekly Safety Meetings: Stay updated with the latest safety meetings and discussions.
- Pre-Work Safety Equipment Inspections: Complete necessary inspections of safety equipment before commencing work.
- Supervisory Features: Supervisors have additional capabilities, such as issuing citations and conducting job-site inspections, ensuring compliance and safety standards are maintained.

Online Dashboard: The Online Dashboard is a robust management tool for employers. It allows for:
- Employee Management: Oversee and manage employee profiles and their interactions with the app.
- App Usage Oversight: Monitor and control how employees utilize the various features of the app, ensuring compliance with company safety policies.

Our goal is to create a safe, compliant, and efficient work environment by integrating technology with safety management practices. The use of our Safety Advocate app and Online Dashboard signifies your commitment to maintaining a safe workplace and your agreement to adhere to the guidelines set forth in these Terms.

2. Acceptance of Terms

Agreement to Terms

By accessing or using the Safety Advocate app and Online Dashboard, you, whether as an individual or on behalf of an entity ("you", "your"), hereby acknowledge and agree to be bound by these Terms of Use. These Terms constitute a legally binding agreement between you and Expert Safety Services, governing your access to and use of the Safety Advocate app and Online Dashboard.

Importance of Reviewing the Terms

We strongly advise that you read these Terms carefully before using the Safety Advocate app and Online Dashboard. Your use of our services is contingent upon your acceptance of and compliance with these Terms. If you do not agree to these Terms, you must not access or use our services.

Changes to the Terms

Please be aware that these Terms may be updated or changed from time to time. Your continued use of the Safety Advocate app and Online Dashboard following any such changes will constitute your acceptance of the new Terms. We will endeavor to provide reasonable notice of any significant changes, but it is your responsibility to review these Terms periodically for any updates or changes.

Understanding Your Responsibility Your use of the Safety Advocate app and Online Dashboard indicates your understanding and agreement that:
- You are responsible for your conduct while using our services and for any consequences thereof.
- You will use our services in compliance with all applicable laws, rules, and regulations, as well as any guidelines or policies provided by Expert Safety Services.

By accepting these Terms, you acknowledge that you have read, understood, and agreed to be bound by them, and to comply with all applicable laws and regulations in your use of the Safety Advocate app and Online Dashboard. Your agreement to these Terms also constitutes your consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy, which is an integral part of these Terms.

3. User Registration and Account Security

Process of User Registration and Account Creation

1. Account Creation: To access the Safety Advocate app and Online Dashboard, users are required to create an account. This process involves providing essential information such as name, email address, and creating a secure password.

2. Verification: After submitting their details, users may be required to verify their email address to confirm their identity and ensure the security of their account.

3. Employe Account Setup: For employees, account creation will be done by their employer. The employer will not be provided their employees passwords. Employees can also change their password if they wish.

Guidelines for Maintaining Account Security

1. Strong Passwords: Users are advised to create strong, unique passwords for their accounts. A strong password typically includes a mix of letters, numbers, and special characters and is not easily guessable.

2. Confidentiality: Users must keep their account information, especially their usernames and passwords, confidential. Sharing account details with others is strongly discouraged as it compromises security.

3. Regular Updates: Users are encouraged to regularly update their passwords and review their account security settings. Regular updates can significantly reduce the risk of unauthorized access.

4. Reporting Suspicious Activity: Any suspicious activity on their accounts should be reported immediately to us.

5. Compliance with Security Policies: Users are expected to comply with any security policies or guidelines set forth by their employer regarding the use of the Safety Advocate app and Online Dashboard.

By following these guidelines, users can help maintain the security and integrity of their accounts, ensuring a safe and secure experience while using the Safety Advocate app and Online Dashboard.

4. User Responsibilities and Conduct

Expectations for User Conduct

The Safety Advocate app and Online Dashboard are designed to promote a culture of safety and compliance in the workplace. As such, all users are expected to conduct themselves in a responsible and professional manner while using these services. The following outlines our expectations for user conduct:

1. Professionalism and Respect: Users should always engage with the app and dashboard in a professional and respectful manner. This includes interactions with other users and the manner in which they contribute or respond to content within the app.

2. Compliance with Policies and Procedures: Users are expected to use the app and dashboard in accordance with their company's safety policies, procedures, and any applicable laws and regulations. The tools provided should be used to enhance safety and compliance, not to circumvent them.

3. Accuracy of Information: Users should ensure that all information they provide or input into the app and dashboard is accurate, up-to-date, and relevant to their specific job requirements and safety procedures.

Specific Use Cases and Prohibited Actions Users of the Safety Advocate app and Online Dashboard must refrain from the following actions:

1. Misrepresentation: Falsifying one's identity or providing misleading information about one's qualifications, experience, or role.

2. Unauthorized Access or Use: Attempting to access or use the app or dashboard in a manner not explicitly authorized or for purposes other than those intended by Expert Safety Services.

3. Dissemination of Harmful Content: Posting, transmitting, or otherwise disseminating any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

4. Interference with Operations: Attempting to disrupt the normal operation of the app or dashboard, including but not limited to virus dissemination, spamming, or overloading the system.

5. Infringement of Intellectual Property: Using the app or dashboard to infringe upon the intellectual property rights of others, including piracy or unauthorized copying of content.

6. Breach of Confidentiality: Sharing confidential or proprietary information obtained through the app or dashboard without proper authorization.

Responsibility for Actions and Content

- Accountability: Users are responsible for their actions while using the Safety Advocate app and Online Dashboard. This includes any content they create, share, or send within the app.

- Consequences of Misconduct: Misuse of the app or dashboard or failure to adhere to these conduct guidelines may result in disciplinary action, up to and including termination of access to the services, and possible legal action.

By using the Safety Advocate app and Online Dashboard, users agree to abide by these guidelines and acknowledge that they are responsible for their conduct and the content they contribute. It is essential that all users understand and uphold these responsibilities to maintain a safe, respectful, and compliant working environment.

5. Content Ownership and Intellectual Property

Clarification of Content Ownership

The Safety Advocate app and Online Dashboard contain various types of content, some of which is user-generated and some provided by Expert Safety Services. Understanding the ownership and rights associated with this content is crucial for all users.

1. User-Generated Content:
- Any content created, uploaded, or submitted by users within the Safety Advocate app or Online Dashboard, including text, images, videos, and other materials, is considered user-generated.
- Users retain ownership of their user-generated content. However, by submitting such content, users grant Expert Safety Services a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute this content in connection with the services provided by the app and dashboard.

2. Content Provided by Expert Safety Services:
- All content provided by Expert Safety Services, including but not limited to the software, design, text, images, graphics, user interfaces, visual interfaces, and documentation, is owned by, or licensed to, Expert Safety Services.
- This content is protected by intellectual property rights and unfair competition laws. Unauthorized use, reproduction, or distribution of this content is strictly prohibited and may result in legal action.

Intellectual Property Rights Pertaining to the App and Dashboard

1. Trademark Information:
- The trademarks, logos, and service marks displayed on the Safety Advocate app and Online Dashboard (collectively, the "Trademarks") are registered and unregistered marks of Expert Safety Services or its licensors. Users are not permitted to use these Trademarks without the prior written consent of Expert Safety Services or such third party that may own the Trademarks.

2. Copyright and Other Intellectual Property Laws:
- The Safety Advocate app and Online Dashboard, including all underlying technology and software, are protected by copyright, trademark, and other intellectual property laws.
- Expert Safety Services reserves all rights not expressly granted in and to the app and dashboard. Users are provided with a limited license to access and use the services, which can be revoked if these Terms of Use are violated.

3. No Transfer of Intellectual Property:
- The use of the Safety Advocate app and Online Dashboard does not transfer any intellectual property rights to the user. Users are granted a limited license to access and use the services for their intended purpose.

4. Reporting Infringements:
- If users believe that their intellectual property rights have been infringed upon by another user or within the app or dashboard, they are encouraged to contact Expert Safety Services to report the infringement.

By using the Safety Advocate app and Online Dashboard, users acknowledge and agree to respect the intellectual property rights of Expert Safety Services and other users. It is the responsibility of each user to ensure that their use of the app and dashboard complies with all applicable intellectual property laws and these Terms of Use.

6. Liability and Warranty Disclaimer

Disclaimer of Warranties

Expert Safety Services provides the Safety Advocate app and Online Dashboard on an "as is" and "as available" basis. This means that we do not represent or warrant to you that:
1. Use of our Services will meet your requirements or expectations.
2. Use of our Services will be uninterrupted, timely, secure, or free from errors.
3. Information obtained by you as a result of your use of our Services will be accurate or reliable.
4. Quality of any products, services, information, or other material purchased or obtained by you through our Services will meet your expectations.

All warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed to the fullest extent permitted by law.

Non-liability for Errors, Omissions, or Inaccuracies

Expert Safety Services does not assume any liability for errors, omissions, or inaccuracies in the content provided by the Safety Advocate app and Online Dashboard. While we strive to provide accurate and up-to-date information, the dynamic nature of workplace safety and compliance means that content may not always reflect the most current safety standards or procedures. Users are encouraged to use their judgment and consult with professionals or regulatory bodies when necessary.

Limitation of Liability

In no event will Expert Safety Services be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
1. Your access to or use of or inability to access or use the Services.
2. Any conduct or content of any third party on the Services.
3. Any content obtained from the Services.
4. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

It is the responsibility of each user to ensure that their reliance on the app and dashboard is in line with their organizational policies and applicable laws. Expert Safety Services's liability in relation to the services provided by the Safety Advocate app and Online Dashboard shall be limited to the maximum extent permitted by law.

7. Indemnification

User Obligation to Indemnify

As a user of the Safety Advocate app and Online Dashboard, you agree to indemnify, defend, and hold harmless Expert Safety Services, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from:
1. Your Access and Use: Your access to or use of the Safety Advocate app and Online Dashboard.
2. Violation of Terms: Your violation of these Terms of Use.
3. Infringement of Rights: Your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
4. Unlawful or Improper Conduct: Any unlawful or improper conduct, including but not limited to, the provision of false or misleading information, unauthorized use of the Services, or any action that causes harm to any person or entity.

Scope of Indemnification

This indemnification obligation will survive the termination of your use of the Safety Advocate app and Online Dashboard and your relationship with Expert Safety Services. It includes indemnification for any claims or damages arising from your use of the app or dashboard, as well as any breach of these Terms.

Cooperation

In the event of any claim, we will provide notice to you (if your contact information is available to us) and will require your full cooperation in the defense of any such claims. Expert Safety Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Expert Safety Services in asserting any available defenses.

Responsibility

It is your responsibility to use the Safety Advocate app and Online Dashboard in a manner that is consistent with the laws, regulations, and guidelines applicable to you and to maintain conduct that upholds the standards set forth in these Terms of Use. The indemnification clause is a fundamental part of our agreement, and your acceptance of these Terms of Use constitutes your agreement to this clause.

8. Modification of Terms

Right to Modify Terms

Expert Safety Services reserves the right, at its sole discretion, to modify or replace these Terms of Use for the Safety Advocate app and Online Dashboard at any time. Changes to these Terms may be necessary to reflect updates in our service, changes in the law, or for other reasons deemed necessary by Expert Safety Services.

Notification of Changes

1. Method of Notification: When we make changes to these Terms, we will provide notice through the Safety Advocate app, Online Dashboard, or by other means, such as email. The method of notification will be chosen to ensure that users are informed in a timely and efficient manner.

2. Effective Date of Changes: Changes to the Terms of Use will be effective immediately upon posting or as otherwise specified at the time of notification. We may also specify a date for the changes to take effect.

User Responsibility to Review Changes

1. Reviewing Updates: It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Safety Advocate app and Online Dashboard after the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Acceptance of Updated Terms: By continuing to access or use the Safety Advocate app and Online Dashboard after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you should discontinue your use of the Safety Advocate app and Online Dashboard.

Questions or Concerns

If you have any questions or concerns regarding any changes to these Terms of Use, you are encouraged to contact Expert Safety Services for clarification.

These provisions ensure that the Terms of Use remain up-to-date and reflective of the evolving nature of the Safety Advocate app and Online Dashboard, as well as the changing legal and regulatory landscape. Your engagement with our services implies your agreement to be bound by the then-current version of these Terms of Use.

9. Termination of Use

Conditions for Termination

Expert Safety Services reserves the right to terminate or suspend a user's or a company's access to the Safety Advocate app and Online Dashboard under specific conditions, including but not limited to:

1. Breach of Terms: Violation of the Terms of Use, such as misuse of the app or dashboard or engaging in prohibited activities.

2. Unlawful Activities: Any illegal activities or actions that compromise the safety and security of other users, the app, or the dashboard.

3. Security Threats: Activities that pose a security risk to the app, dashboard, or other users.

4. Non-Payment of Subscription Fees: Failure to pay the required subscription fees within the specified time frame. This is a critical condition, particularly for companies, as it directly affects the availability of the service to their employees and access to data.

5. Request by User or Employer: Either at the request of the individual user or their employer, subject to the company's internal policies and agreements with Expert Safety Services.

Procedure for Account Suspension or Deletion Due to Non-Payment

1. Notification of Non-Payment: In the event of non-payment, the responsible party (individual or company) will be notified of any outstanding fees.

2. Suspension of Services: If payment is not received within the specified grace period, services may be temporarily suspended. During suspension, users will have limited or no access to the app and dashboard features.

3. Account Deletion: Continued non-payment beyond the suspension period of 7 days may lead to the deletion of the account.

4. Data Handling Post-Termination: Upon deletion of an account due to non-payment, user data associated with that account will be retained for a legally mandated period for compliance and audit purposes and then securely deleted in accordance with our Privacy Policy and applicable laws.

Reinstatement

- Reinstatement of a suspended or deleted account due to non-payment is contingent upon full payment of outstanding fees and may be subject to additional reinstatement procedures or fees.

10. Governing Law and Dispute Resolution

Jurisdiction and Governing Law

1. Applicable Law: The Terms of Use of the Safety Advocate app and Online Dashboard, provided by Expert Safety Services, and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflict of law principles.

2. Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the app and dashboard shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in McLean County. By using our services, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution

1. Informal Resolution: In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through friendly consultation. We encourage users to contact Expert Safety Services directly to seek a resolution before taking any further legal action.

2. Arbitration Agreement:
- Mandatory Arbitration: If the dispute cannot be resolved through informal negotiation, it shall be finally and exclusively resolved by binding arbitration.
- Arbitration Rules: Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer-Related Disputes.
- Arbitrator Selection: A single arbitrator will be selected in accordance with the AAA Rules.
- Arbitration Costs: The payment of filing and arbitration fees will be governed by the AAA's rules.

3. Waiver of Jury Trial and Class Actions:
- Jury Trial Waiver: YOU AND EXPERT SAFETY SERVICES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
- Class Action Waiver: All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Expert Safety Services agree otherwise, the arbitrator may not consolidate more than one person’s claims.

This section outlines the process for resolving disputes and clarifies the legal framework under which any disputes or claims related to the use of the Safety Advocate app and Online Dashboard will be governed. The aim is to provide a clear and fair process for all parties involved.

11. Miscellaneous

Additional Legal Provisions

1. Severability: If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

2. Non-Waiver: The failure of Expert Safety Services to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Expert Safety Services.

3. Assignment: These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Expert Safety Services without restriction.

4. Amendments: Expert Safety Services reserves the right to amend these Terms of Use at any time and will update these Terms in the event of any such amendments.

5. Entire Agreement: These Terms of Use constitute the entire agreement between you and Expert Safety Services and govern your use of the Safety Advocate app and Online Dashboard, superseding any prior agreements between you and Expert Safety Services regarding the app and dashboard.

6. Force Majeure: Expert Safety Services shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Expert Safety Services's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

7. Headings: The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Contact Information for Legal Inquiries

For any legal inquiries, questions, or concerns regarding these Terms of Use, please contact Expert Safety Services using our contact or support form.

This contact information is provided to ensure that users can reach out to Expert Safety Services with any legal questions or concerns they may have regarding the use of the Safety Advocate app and Online Dashboard. Our legal team is committed to addressing and resolving any issues in a timely and professional manner.




More Information

Name
Message
Email
Subject