Terms & Conditions
GetOSHACertified.com Access Agreement
May 1, 2013
IMPORTANT—READ CAREFULLY: This Agreement is a legal contract between you and GetOSHACertified.com (“GetOSHACertified ”) regarding your use of this website (“Site ”), related services ("Services "), and use by those in your Company of our downloadable software ("Mobile Apps") as we make them available for use on handheld devices ("Mobile Devices"). The terms “we ,” “our,” “ us,” and “GetOSHACertified.com ” refer to GetOSHACertified, the entity that runs and maintains the Site. The terms “you ”, “your”, and “Company” refer to the company identified during this Site registration process, and Authorized Users (as defined below) accessing the Site or Mobile Apps. This Site and the Mobile Apps (collectively referred to as the "Platform") enable you to use, input and search for certain information ("Certification Data") regarding current and potential training and certification and provides a variety of other Services that we may offer from time-to-time.
This is a Legal Agreement
You will interact with us primarily through electronic communications, such as submissions through the Site or by sending us e-mail. Unless you opt-out as outlined below, you consent to receive all communications from us electronically. We will communicate to you by sending you e-mail or posting notices to your account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (“Disclosures”) satisfy any legal requirement that such Disclosures be in writing. You may choose to opt-out of electronic Disclosures for legal notices regarding your rights and personal information, including notices of a security breach involving your personal information. All other Disclosures not required by law to be in paper form, will be sent electronically. To opt-out of electronic communications for legal notices, please send a notice to us via email
Limited License and Support. This Agreement is conditional upon you having completed this on-line registration process and having been notified by GetOSHACertified in writing, via facsimile or by e-mail that your Company is a registered user of the Site. GetOSHACertified retains the right both to refuse your registration and to terminate this Agreement at its sole discretion. Once your Company registration has been approved by GetOSHACertified, GetOSHACertified hereby grants the Company and its Authorized Users a worldwide, non-exclusive, non-transferable, revocable license to use the Site solely for the Company's internal business purposes, subject to the terms of this Agreement. GetOSHACertified will provide support or maintenance for the Platform as described on the Site.
Your Information. You must provide accurate, truthful and complete contact information and other information about your Company, as required on this Company Sign-Up Information page of the Site or other registration application GetOSHACertified may direct you to use. You must advise GetOSHACertified of any changes to such information as soon as is reasonably possible. The information required from you on the registration page may change from time to time at the sole discretion of GetOSHACertified. Upon such a modification and notice to you, you must provide the updated information to GetOSHACertified within the stated period of time or, if a period of time is not stated, within a reasonable period of time.
Authorized Users. After completing the registration process and upon acceptance by GetOSHACertified, you will be contacted by e-mail by a GetOSHACertified representative and will be provided with a unique user ID and password to access the Site (“Key"). Thereafter, the Company can request additional Key(s) as you may require for all of your employees, agents or authorized representatives that the Company solely determines are required to access the Site (“Authorized Users”).
Your Responsibilities. You must maintain the Key(s) as secret and confidential information and must not, directly or indirectly, disclose the Key(s) to any person (other than Authorized Users, who have received the invitation for training and certification in the Site, for use in the ordinary course of their employment and whom have agreed to keep the Key(s) confidential), nor permit any other person to directly or indirectly access the Site. You must immediately notify GetOSHACertified in the event of any unauthorized access to the Site or unauthorized use of the Key(s) or any other breach of security that is known or becomes known to you. The Company will be liable for any use or misuse of its Key(s) and access to the Site by anyone using its Key(s).
User-Generated Content. GetOSHACertified assumes no liability or responsibility for any content or material of any kind that is posted by you or any third party on any area of the Platform or the Services,. GetOSHACertified is merely a publisher of any such content and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act. You may be permitted to upload content to the Platform for the Company's internal business purposes, including Employee Data, as long as you comply with the terms of this Agreement, applicable laws and regulations, and any posted GetOSHACertified policies ("User Generated Content "). We do not claim ownership of any User Generated Content, however, if you post User Generated Content you hereby grant GetOSHACertified and our affiliates perpetual, irrevocable, royalty-free, worldwide, non-exclusive and sublicensable license to use this User Generated Content in any way and in any medium. You give us a permanent right to use in our sole discretion any suggestions or feedback that you may provide us about the Platform, the Services, and any related content without any compensation to you..
Limited License. GetOSHACertified herby grants the Company and its Authorized Users a worldwide, non-exclusive, non-transferable, revocable license to use the Mobile Apps solely for the Company's internal business purposes, subject to the terms of this Agreement and any terms required to download the Mobile Apps. We make no claim that the Mobile Apps are appropriate or available for use in locations outside the United States. You must comply with local laws if you choose to access the Mobile Apps from a location outside the U.S.
Right to Amend or Withdraw. We reserve the right to amend or withdraw the Mobile Apps, or charge for the Mobile Apps.
Mobile Devices. You and your Authorized Users must provide the equipment and wireless connections necessary to access the Site, at your own expense. You acknowledge that the terms of agreement with your Company's and each of your Authorized Users' respective mobile network providers ("Mobile Provider") will continue to apply when using the Mobile Apps. As a result, the Company and its Authorized Users may be charged by the Mobile Providers for access to network connection services for the duration of the connection while accessing the Mobile Apps, for data downloading, email, text messages, and for roaming and other Mobile Provider or third party charges as may arise. YOU ACCEPT RESPONSIBILITY FOR ANY SUCH CHARGES
Data Collection. When your Authorized Users access Mobile Apps on their Mobile Devices, we may obtain information from their Mobile Providers about the type of Mobile Devices they are using. We may use this information to notify them on features and products that be available to them on their Mobile Devices via the Mobile Apps. Certain features of the Mobile Apps may require our collection of the phone number of Authorized Users' Mobile Devices. We may associate that phone number to the mobile device identification information, however we will not use that number for telemarketing. In addition, some Mobile Providers in the U.S. are required to operate a system that will pinpoint the physical location of Mobile Devices that use their service. Depending on the Mobile Provider, we may automatically receive this information. We may use and store this information to provide enhanced location-based services as well as to serve location-targeted advertising. GetOSHACertified will provide notice to each Authorized User at the time of download and each time at login that GetOSHACertified will have access to such data and will provide Company with such data. However, it is Company's sole responsibility to (i) provide Authorized User with Company owned Mobile Devices or (ii) obtain Authorized Users' prior written consent for GetOSHACertified.com to collect and share with Company the Authorized Users' data with respect to the Mobile App on the Authorized Users' Mobile Device. GetOSHACertified HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DATA COLLECTED AND SHARED WITH COMPANY AT COMPANY'S REQUEST. IT IS COMPANY'S RESPONSIBILITY TO CLEAR ALL DATA SHARING AND DATA COLLECTING WITH AUTHORIZED USERS.
Restrictions, You may not, nor allow your Authorized Users or any third parties on your behalf to:
- make and distribute copies of the Certifications or Tests;
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, attempt to derive the source code of, decrypt, transfer, frame, exchange or translate the Application;
- create derivative works of the Application;
- 2.6 No Guarantee. You acknowledge the Applications are provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our control. We do not guarantee that theApplication will be compatible or interoperable with your Authorized Users' Mobile Providers' service plans, or with any particular Mobile Devices or other piece of hardware, software, equipment or device installed on or used in connection with your Authorized Users' Mobile Devices. We are not responsible for unavailability of the Application, or any difficulty or inability to download or access content, compatibility or interoperability issues, or any communication system failure which may result in the Application being unavailable.
2.7 Unauthorized Access. GetOSHACertified may offer functionality in
the Application in which your Authorized Users may store their log-in credentials
on their Mobile Devices, so that they can be automatically logged in each time
they access the Application. It is Company's responsibility to inform Authorized
Users' using their own Mobile Devices for work to log out of Mobile Apps that track
geolocation for work purposes, so that the location of the Authorized User's Mobile
Device can no longer be tracked. Please note that if someone else obtains access
to an Authorized User's Mobile Device (e.g., through theft), the automatic log-in
feature will enable that person to have access to your Authorized User's Application
account. Therefore, in the event an Authorized User's Mobile Device is lost or
stolen, it is their responsibility to contact their wireless carrier immediately to
prevent the unauthorized use of the Mobile Apps. YOU ACCEPT RESPONSIBILITY
FOR ANY GetOSHACertified DAMAGES RESULTING FROM SUCH UNAUTHORIZED ACCESS TO THE
RESTRICTIONS and requirements ON PLATFORM ACCESS AND USE
- a. You will refrain from sending automated queries or unsolicited bulk email, instant messages, or text messages (e.g. spam) through the Platform or when using the Services, or harvest information about any users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.
- b. You may not post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of the Platform, the Services, its content, or any system, software, hardware, data or other information.
- c. You may not collect nor use any Application Data or any other information that is not yours, which is contained on or available through the Platform or when using the Services, including without limitation, accessing, retrieving, indexing, data mining, scraping, crawling, or using similar data gathering and extraction tools, or redirecting, or compiling a collection of listings or data from the Platform or Services, for purposes of constructing or populating a searchable database.
- d. You may not use any robot, spider or other automatic device or manual process to monitor or copy the Site's web pages or any content contained on or available through the Site or when using the Services.
- e. You will only use computers or handheld devices to access the Platform that have not been “rooted”, “jail-broken”, “ hacked” or altered in such a way as to allow the installation of altered, manipulated, pre-released or “cracked” versions of the computer or device operating system software or other installable applications.
- f. You may not copy, market, distribute, export, translate, reverse engineer, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, redistribute, host, hyper-link to, frame, port, store, or permit access to all or part of the Platform, the Services, or any content by any person other than Authorized Users. You may not modify, adapt, or create derivative works from the Platform, the Services, or any related content, or remove proprietary notices. GetOSHACertified retains the right, but is not obligated, to store and monitor any activity and content on any system operated by GetOSHACertified, including without limitation the Platform, the Services, and content, and the right to disclose such activity and content to third parties, including without limitation law enforcement officers.
Company Legal Compliance. You must adhere to all applicable local, state and federal laws and regulations in accessing and using the Platform and the Services, including but not limited to those laws and regulations regarding:
- Restrictions on (i) court ordered publication bans; (ii) publishing, printing, distributing, possessing, selling, advocating, promoting or exposing, obscene or threatening material, child pornography, or hate propaganda; (iii) the use of third party trademarks or trade names, or any work which is protected by copyright, trade secret, patent or other intellectual property laws, including software; and (iv) defamation, libel, harm to reputation, invasion of privacy, unfair competition and other situations which could generate liability;
- Communications between the Company and Students; and
- Department of Health and other federal, state, and local laws and regulations relating to the transport and disposal of biomedical waste, including without limitation, those relating to generator certification tests and certification forms, and the routing, disposal, and tracking of biomedical waste.
Platform Policies. You and your Authorized Users must comply with
all Platform access and use policies.
OWNERSHIP AND CONFIDENTIALITY
GetOSHACertified Ownership. The Platform, the Services, and all related content, software, computer code, graphic images, text, audio files, video files, databases, data, scripts, interfaces, displays, documentation, materials, interactive tools, metrics, processes, procedures, models, forms, tools, test cases, templates, calculations, reports, drawings, flowcharts, and other components, as well as any updates, modifications or enhancements provided by GetOSHACertified from time-to-time, all of which are proprietary to GetOSHACertified and its licensors, are protected by copyright, trademark and other intellectual property laws. You may not directly or indirectly use, reproduce or display any trademarks associated with the Platform, the Services, or any related content. GetOSHACertified does not convey to you any express or implied grant or license with respect to the Platform, the Services, its content or any copyrighted works, trademarks or any other intellectual property except as expressly described in this Agreement.
Employee Data. The Employee Data you upload into the Platform is owned by you, and is protected by intellectual property laws. You grant us a non-exclusive, revocable license to use the Employee Data solely to perform the Services under this Agreement. This Agreement does not convey to GetOSHACertified any express or implied grant or license with respect to the Employee Data except as expressly described in this Agreement. However, you authorize us to compile and prepare de-identified statistics from Employee Data, which shall be owned by GetOSHACertified.
Confidentiality. We must each maintain the confidential nature of all Confidential Information during the term of this Agreement and at all times after the termination of this Agreement and may not use each other's Confidential Information for our own benefit (except as necessary in connection with this Agreement), or for the benefit of any third party except Employees as described in this Agreement. We must each exercise the same degree of care and protection with respect to Confidential Information of the other party as we use to maintain the confidentiality of our own Confidential Information. We will each use at least a reasonable degree of care and protection and will only disclose the Confidential Information of the other party to our employees on a need-to-know basis. "Confidential Information" includes any information regarded as confidential and proprietary by a party, or its vendors or licensors, regardless of whether such information is identified as confidential or proprietary in writing, and that a reasonable person would understand was confidential to the discloser. Notwithstanding the above, nothing in this Agreement restricts either party's right to disclose or use any information that (i) was already known to the receiving party at the time of its disclosure by the disclosing party, as evidenced by written documents in the receiving party's possession, (ii) was generally available to the public or becomes publicly known through no wrongful act by the receiving party, (iii) was received by the receiving party from a third party who had a legal right to provide it to the receiving party, or (iv) was developed by the receiving party independently of the disclosing party's Confidential Information. In the event the receiving party is required to disclose Confidential Information pursuant to a valid request from a court of competent jurisdiction or government agency, to the extent permitted by the court or government agency request, the receiving party must notify the disclosing party before providing any Confidential Information in order to enable the disclosing party to seek an appropriate protective order, and cooperate with the disclosing party in seeking to obtain such an order. Any such disclosure must be limited to the specific information required and the receiving party must use reasonable efforts to obtain confidential treatment of any Confidential Information required to be disclosed.
DISCLAIMERS & LIMITATIONS
No Warranty. GetOSHACertified does not represent, warrant, guarantee, offer, assess, provide, evaluate, or otherwise take any responsibility or liability for Employee Data, the Platform, the Services, content, materials, data, or information provided, received, accessed, processed, uploaded or downloaded on, through, to or from the Platform or any other facilities, hardware or software owned or operated by GetOSHACertified, including warranties as to completeness, accuracy, timeliness, error-free operation, reliability, quality or legality.
Your Arrangements. GetOSHACertified is not a party to, nor is GetOSHACertified involved in, any transactions or other arrangements entered into by you or any Authorized User with any Employee, government agency, or any other third party, and GetOSHACertified is not liable for any dispute that arises between you or any of the foregoing.
"AS IS". THE PLATFORM. THE SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION ANY EMPLOYEE DATA, FORMS, GEOGRAPHIC INFORMATION, REGULATORY INFORMATION, OR ANY RESPONSES, MATERIALS OR INFORMATION PROVIDED, RECEIVED, ACCESSED, PROCESSED, UPLOADED OR DOWNLOADED ON, THROUGH, TO OR FROM THE PLATFORM OR SERVICES, AND ACCESS TO THE SAME, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GetOSHACertified MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT THE PLATFORM, THE SERVICES, EMPLOYEE DATA, OR ANY CONTENT WILL BE AVAILABLE AT ANY GIVEN TIME, WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORM, SERVICES OR RELATED CONTENT, OR THAT YOU WILL BE ABLE TO USE THE PLATFORM CORRECTLY.
No Guaranty of Results. GetOSHACertified does not warrant or represent that any Employee will enter into any transaction as a result of your use of the Platform or the Services, or that you will comply with any laws or regulations, achieve any specific results or earn any certifications whatsoever. IT IS YOUR RESPONSIBILITY TO ENSURE YOUR COMPLIANCE WITH ALL LAWS AND REGULATIONS.
LIMITATION OF LIABILITY
NO LOST PROFITS. IN NO EVENT SHALL GetOSHACertified, ITS OFFICERS, VENDORS, LICENSORS, CUSTOMERS, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU, YOUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANY CUSTOMER, FOR ANY PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES, OR CONTENT, OR INTERRUPTION, DELAYS, ERRORS OR OMISSIONS, PENALTIES IN ANY WAY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, IF CAUSED BY NEGLIGENCE OR STRICT LIABILITY OF GetOSHACertified, EVEN IF GetOSHACertified HAS BEEN ADVISED AS TO THE POSSIBILITY OF THOSE DAMAGES.
GetOSHACertified MAXIMUM LIABILITY. IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF GetOSHACertified, ITS OFFICERS, VENDORS, SUPPLIERS OR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE THOUSAND DOLLARS ($1000.00).
Security Measures. We will manage information and data security with reasonable efforts to restrict unauthorized access, and in material compliance with applicable privacy laws. You understand that you or we may be transmitting Employee Data over the Internet, and over various networks, only part of which may be owned and/or operated by us. You agree that we are not responsible for any portions of Employee Data that are lost, altered, intercepted or stored without authorization.
Company Compliance. The Company represents and warrants that you have reviewed and adopted policies and procedures to comply with all regulatory requirements related to its obligations described in this Agreement, including without limitation all applicable Privacy Laws.
Disaster Recovery. We will ensure that data on the Platform is backed up as often as reasonably necessary. In addition, we will ensure that industry standard measures are in place to enable continuation of the Platform in the event of unexpected disruptive events. However, you are responsible for making sure all Employee Data and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of the Platform. You authorize GetOSHACertified to store all Employee Data for the minimum amount of time required by applicable law, even if you terminate this Agreement. Following that period, may destroy the Employee Data at its discretion. GetOSHACertified may also export your Employee Data during your use of the Platform or Services, or when this Agreement terminates, as long as you do not have any outstanding unpaid Fees and you pay GetOSHACertified's then current fees for such service.
Fees and Taxes. The amounts payable to us under this Agreement are as described in this Site (“Pricing” ). Payment. GetOSHACertified will invoice you or charge your credit card on a monthly basis for the Fees. You are authorizing us to automatically bill all Fees to the credit card you provide - plus any related bank charges for use of the credit card for payment - when you provide us with your credit card information as requested on the Site. You may cancel this automatic billing authorization at any time upon 30 days prior written request to us via your online account.
Late Payment. We reserve the right to suspend your access and/or use of the Site if any payment is overdue. We will not be liable to you or to any third party for any suspension of the Site resulting from your non-payment of Fees. Upon payment in full of all amounts overdue (including an interest and administrative charge of 1.5% of the amount owed, or the highest rate permitted by law, whichever is higher), you may request the reactivation of your account. We will reactivate your account, provided that (a) we have not already terminated this Agreement, and (b) you have paid in advance all applicable reactivation fees.
Your Expenses. You are responsible for your own computer hardware and software and connection to the Internet for access to the Platform.
You are solely responsible for the access to, selection and use of the GetOSHACertified Platform, the Services, and all items, statements or other content transmitted, uploaded, received or created using your Key(s) or the Application, even if transmitted, uploaded, received or created by someone other than your Authorized Users. You agree to defend, indemnify and hold GetOSHACertified, its suppliers and affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all damages, losses, claims, liabilities, costs and expenses (including legal fees and costs) awarded against or incurred by any of them in any way related to: (a) your breach of any of your representations, warranties or covenants in this Agreement; (b) yours or your Authorized Users' use, misuse or operation of the Platform; (iii) any use or collection of any data from a Application or Mobile Device from an Authorized User, which data use and collection is Company's responsibility; (iv) any use or misuse of the Key(s); or (iv) any Employee agreement or other agreements or arrangements between you and any government agency or any third parties, including without limitation Authorized Users.
Any provision of this Agreement that is illegal, invalid or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and will be severed from the balance of this Agreement, without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
GetOSHACertified has no obligation to perform under this Agreement to the extent and for the period that GetOSHACertified is prevented from doing so by any cause beyond its reasonable control, including the inability to use or the failure of any third party telecommunications carrier or other services.
Term and Termination. This Agreement commences on the Effective Date and may be terminated without cause by either party upon 30 day's prior written notice.
Immediate Termination. Without limiting any other rights or remedies available to GetOSHACertified under this Agreement, at law or in equity, this Agreement shall immediately terminate, and GetOSHACertified may suspend your access to the Platform, if any of the following occurs:
- a. Bankruptcy or insolvency proceedings are taken by or against you or if a receiver, trustee or other similar person is appointed over your assets;
- b. After receiving notice in writing from GetOSHACertified, you fail to immediately observe or perform any of your obligations under this Agreement; or
- c. You do not complete the registration process or are not accepted by GetOSHACertified, as required above.
This Agreement, Application terms, and GetOSHACertified's policies constitute the entire agreement between the parties with respect to the access to and use of the Platform, the Services, and all content, and supersede all prior written or oral negotiations, agreements, representations and other communications between the parties.
ASSIGNMENT OF AGREEMENT
You may not assign this Agreement without the prior written consent of GetOSHACertified. GetOSHACertified may assign this Agreement without your prior written consent. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
The parties acknowledge that each is an independent party, neither is the agent, representative, partner, fiduciary or trustee of the other party and neither party has the authority to act as or represent itself as an agent of the other party.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THIS AGREEMENT AND ACCESS TO THE PLATFORM SHALL BE DEEMED TO HAVE BEEN PERFORMED AND OCCURRED IN THE STATE OF FLORIDA, AND THE COURTS OF THAT STATE SHALL HAVE JURISDICTION TO ENTERTAIN ANY ACTION RELATING IN ANY WAY TO THIS AGREEMENT. YOU HEREBY AGREE TO, AND IRREVOCABLY SUBMIT TO, THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF FLORIDA COVERING PINELLAS COUNTY, FLORIDA.
Agreement Notices. Any notice, demand or other communication (in this Section, a "notice") required or permitted to be given or made under this Agreement must be in writing and will be sufficiently given, made and deemed received if:
- a. Delivered by e-mail to your current e-mail address reflected in your Site registration or to info at getoshacertified.com during normal business hours on a "Business Day", meaning any day except Saturday, Sunday or a statutory holiday, and left with a receptionist or other responsible employee of the relevant party at the applicable address set forth below;
- b. Sent by courier or prepaid registered mail to the address set forth below; or
- c. Sent by facsimile transmission confirmed during normal business hours on a Business Day.
Notice to GetOSHACertified. GetOSHACertified's address for purposes
of providing notice is as follows:
P.O. Box 1148
Tarpon Springs, FL 34689
YOUR REPRESENTATIONS & COVENANTS