Legal
Customer Service Agreement
*** READ THIS BEFORE YOU REGISTER FOR TRAINING
SERVICES AT ESMILLENIUM’S WEB TRAINING CENTER ***

THIS CUSTOMER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN ESMILLENNIUM, LC. ("ESM") AND THE CUSTOMER OF THE SERVICE (AS DEFINED BELOW). BY CLICKING ON THE "ACCEPT" BOX OR OTHERWISE USING THE SERVICE, YOU REPRESENT (I) THAT YOU HAVE BEEN AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE CUSTOMER (THE ENTITY ON WHOSE BEHALF YOU REPRESENT YOU ARE AUTHORIZED TO ACT, IN WHICH EVENT "YOU" AND "YOUR" SHALL REFER TO YOU AND SUCH ENTITY, AS THE CASE MAY BE), OR (II)THAT YOU INTEND TO BE PERSONALLY BOUND TO THE TERMS OF THIS AGREEMENT AS THE CUSTOMER. IF YOU ARE NOT SO AUTHORIZED OR DO NOT INTEND TO BE PERSONALLY BOUND, THEN ESM IS UNWILLING TO PROVIDE THE SERVICE AND YOUR USE OF THE SERVICE IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND CONVENTIONS. IF YOU ACCEPT THESE TERMS ON BEHALF OF AN ENTITY, YOU MAY USE THE SERVICE ONLY ON BEHALF OF SUCH ENTITY. IF YOU INTEND TO BE PERSONALLY BOUND, USE OF THE SERVICE IS LIMITED TO YOUR PERSONAL USE.

SERVICE: The following E-training Modules, as available and applicable: General Safety Overview, Hazard Communication, Lockout/Tagout, DOT Hazmat and Fire Extinguishers.

ESM hereby agrees to grant and Customer agrees to accept a non-transferable, non-sublicenseable and non-exclusive license to use the Service subject to the following terms and conditions and payment of the applicable fees in accordance with ESM’s policies:

1. Limited Use: Customer may use the Service for self-training purposes only. Customer may not reverse assemble, reverse compile, translate or otherwise attempt to create the source code from the Service or create derivative works of the Service or any portion thereof, including for reasons of error correction or interoperability. Customer may not rent, lease, distribute or otherwise transfer rights to or use of the Service or any portion thereof, or remove or alter any trademark, logo, copyright or other use or proprietary notices, legends, symbols or labels on the Service.

2. Duration: This license shall continue until Customer has completed training in the applicable Module(s), but only for so long as Customer uses the Service in compliance with this Agreement. Should Customer breach any of its obligations, this Agreement shall terminate and Customer agrees to stop using the Service and to destroy or return any and all materials that may be provided for or with the Service and any copies thereof upon notification by ESM.

3. Training Responsibilities: The Service is not intended to be the sole means for compliance with state and/or federal regulations or other requirements. Therefore, it is Customer’s responsibility to ensure that Customer’s training programs comply with any such regulations and requirements.

4. Title and Security: ESM retains all proprietary rights and title to the Service and any modifications, and no ownership of any part of the Service is hereby transferred to Customer. Customer acknowledges that the Service is the property of ESM and contains confidential information, and agrees to take all reasonable steps to protect such confidentiality.

5. Warranty: ESM warrants solely that for a period of ninety (90) days from Customer’s registration to use the Service, the Service will function materially as described in the online help screens and the traintheprinter.com Welcome file provided to Customer (the "Documentation"). This warranty does not apply insofar as: (a) claims resulting from acts or omissions caused by persons other than ESM, or from products, materials or software not provided by ESM; (b) the Service is modified by someone not authorized by ESM or; (c) the Service is used on an operating system other than the system and version specified in the Documentation, if any, or on a machine not described in the Documentation, if any. ESM does not warrant that use of the Service will be uninterrupted or error free, nor that errors will be corrected. In the event of a breach of warranty, ESM’s sole responsibility, and Customer's sole and exclusive remedy, is, at ESM's option, to make available replacement or substitute services or to refund the applicable paid fee. This limited warranty is valid only if ESM receives written notice of breach of warranty within such ninety-day period.

6. Limitation of Warranty and Liability: EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5 ABOVE, ESM SHALL HAVE NO LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY FOR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR NEGLIGENCE; ESM MAKES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND ESM SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CUSTOMER MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 5 ABOVE. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF ESM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. The cumulative liability of ESM to Customer for all claims relating to the Service, in contract, tort, or otherwise, shall not exceed the total amount of fees paid to ESM by Customer for such Service. IN NO EVENT SHALL ESM BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES, EVEN IF ESM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU.

7. Miscellaneous: This Agreement, the license granted hereunder, the Service and any modifications thereto may not be assigned or in any way transferred without the prior written consent of ESM. The terms of this Agreement shall be construed in accordance with the substantive laws of the Commonwealth of Massachusetts, United States of America, without giving effect to the principles of conflict or choice of law of such Commonwealth. The original of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English. ESM and Customer exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from this Agreement. If any provision of this Agreement is held to be excessively broad as to scope, activity, subject or otherwise so as to be unenforceable at law, such provision shall be constructed by limiting or reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. This Agreement, including ESM’s applicable user fee policy, represents the entire understanding between the parties with respect to its subject matter and merges all prior written and oral communications. This Agreement may not be modified by Customer except by a written agreement signed by authorized representatives of both parties. A waiver by either party of its rights hereunder shall not be binding unless contained in a written agreement signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. ESM may change and/or update this Agreement, and Customer’s continued use of the Service shall signify Customer’s assent to such changes and/or updates. The latest version of the Agreement can be seen at http://www.traintheprinter.com/home2.asp.

8. U.S. Government Restricted Rights Legend. The Service and the Documentation are "commercial items" as that term is defined in 48C.F.R. 2.101 (October 1995) consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If Customer hereunder is the U.S. Government or any agency or department thereof, the Service and Documentation are licensed hereunder (i) only as a commercial item, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. Licensor is ESMillennium, LC., 22 River Street, Braintree, MA 02184-3235.

9. Compliance with Laws. Customer is responsible for complying with any laws in its jurisdiction which may impact its use of the Service, and represents that it has complied with and will comply with any regulations or registration procedures required by applicable law.


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Privacy Policy

We appreciated your trust in us when sharing information about you or your company. Your information is important to us and we want to manage it sensibly and carefully to ensure your privacy.


Information You Give Us

The information you provide us is used to help us do business with you. We consider the need for that information and balance that with what we need to know in order to serve you and take advantage of the services and products we offer you. We protect your information using industry-standard security measures.

In some instances, we may ask for information, such as credit card information, to establish a service account. This information is transmitted using Secure Sockets Layer (SSL) software, which encrypts information you input.

Automatic Information

We may use cookies or other automatic features to allow us to provide more personalized service to you. A cookie is an alphanumeric code that is placed on your computer’s hard drive to allow us to provide personalized services without reentering your company information each time it is needed.

We will attempt to use cookies in such a way as not to prevent you from realizing the full potential of the services and features we offer when you elect from your browser not to receive them. However, we do not guarantee it.

Information Sharing

Our company policy is not to share information you provide us with others. However, we may form partnerships to provide new or better services and may have to share this information with those partners. Our business partners must meet our privacy criteria before we will engage in their partnership.

Use of Agents

We may use agents to assist us in delivering products or services to you. They may need your information to carry out their duties. They are only permitted to use it for the duties assigned and are not permitted to use it for any other purpose.

Service Transfer or Termination

What happens if ESMillennium is acquired by another company? In this case, your information is considered an asset that will be transferred to the new owners. If ESMillennium terminates its services as they relate to you, then that information will archived according to normal business practices.

Law Enforcement

We will share any information requested by law enforcement agencies within the context of applicable laws and regulations.

We may also share information with contracted third parties to investigate fraud protection and credit risk reduction.

E-mail Communication

We use e-mail, just like phone, fax and overnight delivery, as a service to ensure customer satisfaction with our products and services. From time to time, we may notify you by e-mail or snail mail about new or improved services.

There are several features of our web services that will automatically alert you by e-mail to different circumstances, such as when an employee passes or fails a training module test. Of course, these automatic communication features are there to improve our customer-service provider relationship.

With Your Consent

Other than as described above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Policy Changes

We reserve the right to make changes to this policy from time to time.

July 2001
TERMS OF USE

PLEASE READ THE FOLLOWING IMPORTANT LEGAL NOTICE CAREFULLY BEFORE USING OUR WEB SITE.

By using this web site you are indicating your agreement to these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the site and exit now.

We may revise these Terms at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean you accept those changes.

GENERAL USE PROVISIONS
The information contained in the ESMillennium, LC web site is solely for informational purposes, does not create a professional relationship, and does not in any way substitute for professional consultation and advice, generally or in a particular case. Although we attempt to keep our web site as current and accurate as possible we have also included older, archived materials on our site. We cannot assure you that all the information will be applicable to your situation, accurate, complete, or up to date. Nor can we assure you that our web site always will be available or free of functional defects. We disclaim any and all liability in respect to actions taken or not taken based on any of the contents of this web site.

LINKS TO THIRD PARTY SITES
This web site may contain links to web sites controlled by parties other than ESMillennium, LC ("ESM"). ESM is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. ESM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESM of the linked web site.

SUBMISSIONS
Except where expressly provided otherwise by ESM, all comments, feedback, information or materials submitted to ESM through or in association with this web site ("Submissions") shall be considered non-confidential and ESM’s property. By providing such Submissions to ESM, you agree to assign to ESM, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. ESM shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ESM, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ESM, WEB SITE IS PROVIDED "AS IS" AND ESM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ESM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL AND DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ESM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHOULD ESM’S TOTAL LIABILITY TO YOU EXCEED IN EXCESS OF THE AMOUNTS, LIMITS, OR CONDITIONS OF ITS INSURANCE POLICIES IN EFFECT AT THE TIME. YOU AGREE TO HOLD ESM HARMLESS FROM, AND YOU COVENANT NOT TO SUE ESM FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

COPYRIGHT AND TRADEMARK INFORMATION
No portion of this web site, including without limitation, documents, products, logos, graphics, sounds, images, software, and services from the web site may be copied, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of ESM. Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, animation and any other content) are owned by ESM and its third party providers and are protected by domestic and international copyright, trademark and other intellectual property laws.

ESMillennium, the ESMillennium logo, traintheprinter, the traintheprinter logo and other ESMillennium product names referenced herein are trademarks of ESMillennium, LC in the United States. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are © 2001 ESMillennium, LC, 22 River Street, Suite A2, Braintree, MA 02184 U.S.A. All rights reserved.

LEGAL CONTACT INFORMATION
If you have any questions about these Terms please contact [ESMillennium, LC] at rafricke@esmlc.com.

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