2. AGE. You affirm that you are 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are able and competent to enter into these Terms and abide by the conditions herein.
3. EASY WIZARD LICENSE AGREEMENT. Upon registering for the Site, you have the option to obtain a paid subscription to access and use an Easy Wizard software application ("Application") to create an Exposure Control and Infection Prevention Plan (ECIPP) and Injury and Illness Prevention Program (IIPP) for your business. Your subscription, access, and use of the Application is governed by a separate license agreement which may be accessed here and these Terms are incorporated into that license agreement by reference.
4. LICENSE GRANT. BATG hereby grants to you a nonexclusive, nonassignable, nonsublicensable license, for your internal use only, for the term of this Agreement, to access the Site, subject to the terms and conditions of this Agreement. The licenses granted herein are conditioned upon registration for an account with the Site.
5. OWNERSHIP OF SITE. BATG is the owner of the Site and Application as well as all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the Site, Application, or any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement.
6. RESTRICTIONS. To the maximum extent permitted by law, you shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site or Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer access to the Site or Application to any third party; (c) make any copy of or otherwise reproduce the Site or Application except for those copies necessarily made by the personal computing device and Internet browser that are running the Site or Application; or (d) disclose your login information to any third party. You agree to take all reasonable steps to safeguard your login data for the Site so as to ensure that no unauthorized person will have access to it, and that no persons authorized to have access will make any unauthorized use. You shall promptly report to BATG any unauthorized use of the Site or Application of which you become aware and shall take such further steps as may reasonably be requested by BATG to prevent unauthorized use thereof.
The Site and Application are to be used solely by the party for whom registration was undertaken and may not be used by any other individuals or other third parties. You grant BATG the right to perform an audit, using IP Address identifiers, to determine if more than one user is accessing the Site or using the Application through your account. This audit will be limited to verification of your compliance with the terms of this Agreement.
7. YOUR OBLIGATIONS. You shall be solely responsible for the following: (a) providing all hardware, operating systems, and communications capabilities required for use of the Site and Application, and (b) providing and maintaining, at all times during the term of this Agreement, the Internet access necessary for your use of the Site and Application. The Site and Application should run on any updated operating system commonly in use.
8. TERM AND TERMINATION. The license granted in this Agreement is effective until terminated. The term of this Agreement and the license grant herein shall commence on the date you register for an account with the Site. You may terminate this Agreement at any time by giving written notice to BATG. BATG may terminate the license and this Agreement at any time on written notice to you for material breach of this Agreement or failure to pay any amount due to BATG.
9. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site or Application. We reserve the right to seek all remedies available by law and in equity for such breaches.
10. RIGHT TO TERMINATE. We reserve the right to no longer make available all or part of the Sites and Application at any time in our sole discretion.
11. LIMITED WARRANTY AND DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATG EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. BATG DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, BATG DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITE AND APPLICATION AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SITES AND COURSES.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL BATG BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE. IN NO EVENT SHALL BATG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY SHOULD YOU PREVAIL IN A LEGAL ACTION AGAINST US SHALL BE THE PRICE YOU PAID FOR A SUBSCRIPTION ON THE SITE. IF YOU HAVE NOT PURCHASED A SUBSCRIPTION, THE MAXIMUM LEGAL AWARD YOU MAY RECEIVE IF YOU ARE DETERMINED TO BE THE PREVAILING PARTY IN A CLAIM AGAINST US SHALL BE FIVE HUNDRED DOLLARS ($500).
AS SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. COMMUNICATION. When you register for an account with the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
14. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Application is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
15. AFFILIATED SITES. From time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
16. PROHIBITED USES. BATG imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site and Application, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) forging any TCP/IP packet header or any part of the header information in any e-mail; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BATG; or (f) automatically or manually scraping or copying the content from the Site or Application without our consent. Any violation may subject you to civil and/or criminal liability.
18. INDEMNITY. You agree to indemnify, defend, and hold harmless BATG, its 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 your access to or use of the Site and Application, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by BATG hereunder, in whole or in part, without the prior written consent of BATG, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns.
21. COPYRIGHT. All contents, excluding user generated content, Copyright 2017 Kathryn S. Hartman. All rights reserved.
22. NO LICENSE. Nothing contained herein should be understood as granting you a license to use any of the trademarks, service marks, or logos of BATG or by any third party.
23. TERMS UPDATES. We reserve the right to update these Terms at any time in our sole discretion. If we modify or update these Terms, we will provide a thirty (30) day period during which you may accept or reject the update. We will notify you of the update the next time you access the Site after the implementation of the update. Should you reject such an update, your account will be terminated.
24. CONTACT. If you have any questions regarding these Terms, please contact via the Contact or Support pages on the Site.
Effective Date: September 21, 2017