LICENSE AND TERMS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.
The Site and all presented materials, including images and courses and videos, are © 2020 DST, Inc. Viewing this Site may create a copy of ON Q materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server.
ON Q grants you permission to view this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to ON Q that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
- Usage License. You may use the courses licensed in the manner intended. You may not use, reproduce, sublicense or distribute the courses other than as expressly permitted.
- Effective Date and Term. The Effective Date of this License will be the date you make payment to ON Q. The License term will be for no longer than one year subject to annual renewal unless cancelled by either party in writing before the start of the next term.
- Disclaimer of Warranty. The information used by ON Q in preparing the training lessons has been obtained from sources believed to be reliable and current, including the US Government and applicable federal and state regulations. Every effort has been made to produce the finest and most reliable emergency vehicle operator and defensive driving lessons available; however, ON Q cannot guarantee the adequacy, completeness, or appropriateness of the courses and is not responsible for any omissions or inaccuracies obtained from our sources or those caused by human error. ON Q makes no warranties, including any implied warranties of fitness for a particular purpose, regarding the program or its use and operation for training, testing, screening, or other purposes.
- Limitation of Liability. In no event will ON Q be liable to you or any user or any third parties for any foreseeable or not foreseeable damages such as special, incidental, or consequential damages, arising from the use, sale, or distribution of, or training delivered or not delivered through, the courses. ON Q’s aggregate liability to any User for any claims, losses, expenses, or damages arising out of or in any way related to this License from any cause will not exceed the total amount paid to ON Q by or for and on behalf of any single individual using such training.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of ON Q and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. ON Q aggressively enforces its intellectual property rights to the fullest extent of the law. The name ON Q Safety and other trademarked names, logos and the other ON Q intellectual property may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from ON Q. ON Q prohibits use of the ON Q logo as part of a link to or from any site unless establishment of such a link and use of the ON Q logo is approved in advance by ON Q in writing. Fair use of ON Q’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
In connection with your use of this Site, you may not:
- “harvest” (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site,
- use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site,
- “stream catch” (download, store or transmit copies of streamed content),
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you,
- “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems,
- circumvent or reverse engineer the Site or its systems, or
- restrict or inhibit another user or users from using and enjoying this Site. In addition, if you post something to this Site, such as comments or other content, you may not post anything that:
- infringes any third-party intellectual property right (such as copyrights),
- is defamatory (i.e., something that is negative and untrue about another person or entity),
- divulges another person’s or entity’s confidential or private information or trade secret,
- is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
- encourages criminal conduct,
- advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
- contains any virus, malware, spyware or other harmful content or code.
LINKS TO THIRD PARTY SITES
This Site may contain links to Sites owned or operated by parties other than ON Q. Such links are provided for your reference only. ON Q does not control outside Sites and is not responsible for their content. ON Q’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does ON Q’s inclusion of the links imply that ON Q is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
MAPS AND APIS
This site uses the third-party maps and APIs. By using this site, you are bound by such third party’s Terms of Service for the use of any such incorporated functionality.
If you have any questions about this agreement, please call us at 1-800-355-0576 or use the contact us page at www.onqsafety.com. Although ON Q will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), ON Q does not guarantee that it will receive all such e-mail or other information timely and accurately and will not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
ON Q is pleased to hear from its customers and visitors to its website regarding its products and services. If you send or submit any information or material (e.g., postings to chat boards, e-mails, submissions to contests) to ON Q (the “Submissions”), the Submissions will be deemed, and will remain, ON Q’s property. The Submissions will not be subject to any obligation of confidentiality on the part of ON Q and ON Q will not be liable for any use or disclosure of the Submissions. By providing the Submissions to ON Q, you agree that ON Q has the right to publish the material for any purpose, and in any medium, including, but not limited to, advertising and promotional purposes. You represent that any Submissions posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
COPYRIGHT INFRINGEMENT NOTICES
SUSPENSION OR TERMINATION OF ACCESS
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these terms and conditions. In addition, we have a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the terms and conditions that were in effect as of the date of your suspension or termination.
You agree that this agreement and your use of this Site are governed by the laws of the State of Utah, USA. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) SCOPE OF THE ARBITRATION AGREEMENT.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and ON Q agree that any legal dispute or claim between you and ON Q arising out of, relating to or concerning this Site and/or this agreement, any communications between you and ON Q, or your participation in any other program or service provided by ON Q, must be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or ON Q may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and ON Q, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
INFORMAL DISPUTE RESOLUTION.
Either party asserting a dispute must first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice must be made by first class or registered mail (1) to ON Q at 9690 S 300 W, Sandy, UT 84070, Attn: Legal Department, or (2) to you at the postal address on file with ON Q. Both you and ON Q agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT.
You may opt out of this Arbitration Agreement within the first 30 days after making use of this Site and/or participating in a program or service of ON Q. You also may opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to ON Q at email@example.com or by sending a letter to 9690 S 300 W, Sandy, UT 84070, Attn: Legal Department. You should include your printed name, mailing address, and the words “Reject Arbitration.”
GOVERNING LAW AND OTHER TERMS.
This Arbitration Agreement will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Utah will govern without regard to principles of choice or conflicts of law. ON Q will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
You agree that ON Q may at any time change the terms, conditions and notices under which this Site is offered. Such changes will be effective when posted. By continuing to use the Site after we post any such changes, you accept the terms and conditions as modified. We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Site or any portion of this Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
You agree that no joint venture, partnership, employment or agency relationship exists between you and ON Q as a result of this agreement or your use of this Site. ON Q’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of ON Q’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by ON Q with respect to such use.
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
This agreement, the privacy statement located on our Site, and any terms of sale constitute the entire agreement between you and ON Q with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ON Q with respect to this Site. Any alleged waiver of any breach of this agreement will not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by ON Q in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by ON Q in printed form.
If any provision of these terms and conditions is found to be illegal or unenforceable, the remainder of these terms and conditions will continue to be fully valid, binding, and enforceable. These terms and conditions are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these terms and conditions may only be invoked or enforced by you or us.
Effective Date: January 1, 2020
ON Q Safety and logo are registered trademarks of DST, Inc.