CareerSafe Terms of Use

Last Updated: September 17, 2026

These Terms of Use (“Terms”) govern your access to and use of the websites and other online products and services, including the CareerSafe Campus (the CareerSafe course platform) (collectively, the “Services”) provided by CareerSafe, LLC (“CareerSafe” or “we”).  By clicking “I have read and agree to the Terms of Use," creating an account, or by otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the class action waiver in Section 22 (No Representative Actions) and the arbitration provision in Section 23 (Arbitration). If you do not agree to these Terms, do not access or use our Services.

If you have any questions about these Terms or our Services, please contact Customer Care.

JOB PLACEMENT DISCLAIMER

CareerSafe expressly disclaims any guarantee, warranty, or assurance, express or implied, that completing CareerSafe training will result in job placement or employment opportunities. Students acknowledge that job placement depends on numerous factors beyond the scope of CareerSafe's training programs and that CareerSafe is not an employment agency.

1. PRIVACY

To understand how we collect, use, share, and process your information - including personal data related to current or former students that is maintained by a school, school district, related organization, or by us as part of providing the Services - please see our Privacy Policy.

If you have any questions regarding the privacy and use of your information, please contact Customer Care, or contact your educational institution.

2. USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account to access some or all of our Services. If you register for an account, you must: (i) provide accurate and complete account information; (ii) promptly update this information if it changes; and (iii) maintain the security of your account credentials. You also must maintain the security of your account, including keeping your account information and password confidential, and promptly notify us if you discover or suspect that someone has accessed your account. You may not permit others to use your account credentials. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. CAPACITY AND AUTHORITY

By accessing or using the Services, you represent and warrant that: (a) if you are an individual user accessing the Services on your own behalf, you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into a binding agreement, or you are using the Services under the supervision and authorization of a parent, legal guardian, or authorized educational institution that has agreed to be bound by these Terms on your behalf; (b) if you are an educational institution, employer, or other organization enrolling or authorizing users to access the Services, you have full authority to bind your organization and its authorized users to these Terms, you have obtained all consents required by applicable law for the enrollment of such users - including, where applicable, verifiable parental consent for students under the age of thirteen (13) in accordance with the Children's Online Privacy Protection Act ("COPPA") and our Privacy Policy - and you accept responsibility for your authorized users' compliance with these Terms; and (c) the indemnification and other financial obligations set forth in these Terms (including those in Section 17 (Indemnification)) shall be borne by the institutional or business customer, employer, or adult account holder that enrolled or authorized the applicable user, and shall not apply to minor students using the Services under such enrollment or authorization.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Use or attempt to use another user’s account;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell, or commercially use our Services without prior written consent from an authorized CareerSafe representative;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file, if any;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms; or
Knowingly purchase the Services at prices that do not apply to you or your organization (e.g., if you are purchasing the Services on behalf of a for-profit corporation, you will not select educational/nonprofit pricing). Failure to comply with this prohibition may result in liability for the difference between the price paid and the applicable full retail price, collection costs and reasonable attorneys' fees, suspension or termination of access to the Services, and referral to appropriate authorities where the conduct constitutes fraud.

Enforcement of this Section 4 is solely at CareerSafe’s discretion. CareerSafe's failure to enforce this Section in some instances shall not constitute a waiver of our right to enforce it in other instances, nor shall it create any right, claim, or cause of action for any third party. In addition, this Section 4 does not create any private right of action on the part of any third party.

5. OSHA 10-HOUR COURSE

The OSHA 10-Hour courses offered by CareerSafe are regulated by the United States Department of Labor Occupation Safety and Health Administration (OSHA). As an OSHA-authorized online provider, CareerSafe must ensure that students follow the guidelines dictated by OSHA. The requirements set forth in this Section - including those relating to OSHA card issuance, seat-time, completion, and expiration - are dictated by OSHA and are subject to change at OSHA's sole discretion. CareerSafe shall not be liable for any acts, omissions, or policy changes by OSHA that affect the availability, timing, or terms of the OSHA 10-Hour course or the issuance of OSHA Outreach Student Cards.

TERRITORIAL LIMITATIONS. Due to OSHA regulations, OSHA 10-Hour training may only be conducted within the United States of America, its territories, and the District of Columbia. Students will need to provide a mailing address located within the U.S. to complete the OSHA 10-Hour training.

SEAT TIME REQUIREMENTS. TTo complete the OSHA 10-Hour course, OSHA requires that the student log no less than ten (10) hours of time in the required course content. Additionally, a student may not complete more than seven-and-a-half (7.5) hours of training in a single calendar day. Therefore, a minimum of two days is required to complete the OSHA 10-Hour course.

180-DAY COMPLETION REQUIREMENT. Per OSHA regulations, a student must successfully complete the OSHA 10-Hour course within 180 calendar days of their start date.

365-DAY EXPIRATION. Seats for all of our OSHA 10-Hour courses will expire 365 days after purchase. Course progress may continue past the seat expiration date to allow for the OSHA 180-Day Completion Requirement, if the course has been started prior to the 365-day expiration.

REQUIREMENTS FOR COMPLETION. To complete an OSHA 10-Hour course, a student must:

complete all required training topics;
spend the required amount of time in each topic;
log at least ten (10) hours of time within the course content;
pass the final exam with a score of 70% or higher within a maximum of three (3) attempts; and
complete the mandatory course survey.

FAILURE TO PASS THE FINAL EXAM. If a student fails to attain a passing score on the OSHA 10-Hour course final exam after three attempts, CareerSafe may, in its sole discretion and upon request by the individual or student's teacher, “reset” the course (clearing all prior course progress). Upon reset, the student must retake the entire course again, including passing the final exam within three attempts. Each student is allowed a maximum of one (1) retake. No refunds will be provided for failures to complete the course requirements. 

OSHA CARD ISSUANCE. An OSHA 10-Hour Outreach Student Card is issued to the student upon successful completion of the course. For users who purchased the seat for themselves (i.e., individual), CareerSafe will mail the OSHA card to the shipping address defined in their CareerSafe User Properties. For users who were given a seat another user purchased (e.g., high school student, employee), CareerSafe will mail the OSHA card to the address set in the Group Settings for the group associated with the seat the student used to complete the course (e.g., teacher, corporate trainer, school, facility).

SHIPPING METHOD. Standard shipping of the OSHA 10-Hour Outreach Student Card is via United States Postal Service (USPS). Due to OSHA requirements and processing time, it may take up to four (4) weeks for a card to be delivered; however, most cards are delivered within seven to ten (7-10) days after course completion. CareerSafe makes no guarantees regarding specific delivery timeframes.

NEVER RECEIVED CARD. While CareerSafe makes commercially reasonable efforts to ensure successful delivery of OSHA 10-Hour Outreach Student Cards, CareerSafe expressly disclaims any liability or responsibility for delivery failures due to circumstances beyond its direct control (e.g., U.S. Postal Service, mail handling at the delivery address, teachers distributing cards, etc.). If 1) a student does not receive their initial card within thirty (30) days after shipment; 2) the student notifies CareerSafe within ninety (90) days of the course completion date; and 3) it is determined that non-delivery was due to an error by CareerSafe; then CareerSafe will reissue the outreach card to the student for free, and it will not count against the one OSHA-allowed replacement card.

If a shipment is undeliverable due to an incorrect or incomplete shipping address provided by the customer, the customer will be solely responsible for any associated costs, including but not limited to the replacement of the OSHA card.

OSHA 10-HOUR CARD REPLACEMENT. If an OSHA 10-Hour Outreach Student Card is destroyed, stolen, or otherwise lost, the student may purchase a replacement card for a fee of $50. The replacement will be sent via USPS with tracking and will count as the single replacement card allowed by OSHA regulations. A replacement card for a misspelled student name or a legal name change does not count against the single replacement card allowance but does require the student to pay the replacement card fee.

Note that, per OSHA regulations, a reprint cannot be issued if the original course completion date is more than five (5) years from the reprint request date. If it has been greater than five years, the student must retake the OSHA 10-Hour course to obtain a new OSHA 10-Hour Outreach Student Card.

6. OSHA 30-HOUR CONSTRUCTION COURSE

The OSHA 30-Hour Construction course offered by CareerSafe is provided through a partnership with PureEHS. PureEHS is regulated by the United States Department of Labor OSHA. As an OSHA-authorized online provider, PureEHS must ensure that students follow the guidelines dictated by OSHA.

The following requirements are a combination of OSHA guidelines, PureEHS policy, and CareerSafe policy. In some instances, CareerSafe is unable to make accommodations due to OSHA or PureEHS policies, regardless of need. The requirements set forth in this Section - including those relating to OSHA card issuance, seat-time, completion, and expiration - are dictated by OSHA and PureEHS and are subject to change at their sole discretion. CareerSafe shall not be liable for any acts, omissions, or policy changes by OSHA or PureEHS (including any successor provider such as UL Solutions) that affect the availability, timing, or terms of the OSHA 30-Hour course or the issuance of OSHA Outreach Student Cards.

TERRITORIAL LIMITATIONS. Due to OSHA regulations, OSHA 30-Hour training may only be conducted within the United States of America, its territories, and the District of Columbia. Students will need to provide a mailing address located within the U.S. to complete the OSHA 30-Hour training.

SEAT TIME REQUIREMENTS. To complete the OSHA 30-Hour course, OSHA requires that the student log no less than thirty (30) hours of time in the required course content. Additionally, a student may not complete more than seven-and-a-half (7.5) hours of training in a single calendar day. Therefore, a minimum of four days is required to complete the OSHA 30-Hour course.

180-DAY COMPLETION REQUIREMENT. Per OSHA regulations, a student must successfully complete the OSHA 30-Hour course within 180 calendar days of their start date. After that time, the course seat expires, and the student must purchase a new course seat.

365-DAY EXPIRATION. Seats for all of our OSHA 30-Hour courses will expire 365 days after purchase. Course progress may continue past the seat expiration date to allow for the OSHA 180-Day Completion Requirement, if the course has been started prior to the 365-day expiration.

CLEARING AND EXCHANGING SEATS. Due to the OSHA 30-Hour Construction course being provided through a third-party provider (PureEHS), CareerSafe has no ability or obligation to clear or exchange seats in the OSHA 30-Hour Construction course.  Once a student accesses any OSHA 30-Hour course materials, that seat is used and cannot be exchanged or reassigned to another student.

REQUIREMENTS FOR COMPLETION. To complete an OSHA 30-Hour course, a student must:

complete all required training topics;
spend the required amount of time in each topic;
log at least thirty (30) hours of time within the course content;
pass each topic exam with a score of 70% or higher within a maximum of three (3) attempts;
pass the final exam with a score of 70% or higher within a maximum of three (3) attempts; and
complete the mandatory course survey.

FAILURE TO PASS A TOPIC OR THE FINAL EXAM. If a student is unable to attain a passing score on any of the individual, OSHA 30-Hour exams after three failed attempts, a CareerSafe representative may “reset” the course (clearing all prior course progress), and the student will be required to retake the entire course again, including repeating all previous content and retaking all exams. Each student is allowed a maximum of one (1) retake of the course. 

OSHA CARD ISSUANCE. An OSHA 30-Hour Outreach Student Card is issued to the student upon successful completion of the course. For users who purchased the seat for themselves (i.e., individual), CareerSafe will mail the OSHA card to the shipping address defined in their CareerSafe User Properties. For users who were given a seat another user purchased (e.g., high school student, employee), CareerSafe will mail the OSHA card to the address set in the Group Settings for the group associated with the seat the student used to complete the course (e.g., teacher, corporate trainer, school, facility).

SHIPPING METHOD. Standard shipping of the OSHA 30-Hour Outreach Student Card is via United States Postal Service (USPS). Due to OSHA requirements and processing time with the third-party provider, it may take up to ninety (90) days for a card to be delivered; however, most cards are delivered within two to four (2-4) weeks after course completion.

NEVER RECEIVED CARD. CareerSafe makes every effort to get a student’s OSHA 30-Hour Outreach Student Card delivered successfully. However, CareerSafe is unable to guarantee delivery due to the many steps of card delivery that are outside our control (e.g., U.S. Postal Service, mail handling at the delivery address, instructors distributing cards, etc.). If 1) a student does not receive their initial card within thirty (30) days after shipment; 2) the student notifies CareerSafe within ninety (90) days of the course completion date; and 3) it is determined that non-delivery was due to an error by CareerSafe; then CareerSafe will reissue the outreach card to the student for free, and it will not count against the one, OSHA-allowed replacement card.

OSHA 30-HOUR CARD REPLACEMENT. If an OSHA 30-Hour Outreach Student Card is destroyed, stolen, or otherwise lost, the student may purchase a replacement card for a fee of $50. The replacement will be sent via USPS with tracking and will count as the single replacement card allowed by OSHA regulations. A replacement card for a misspelled student name or a legal name change does not count against the single replacement card allowance but does require the student to pay the replacement card fee.

Note that, per OSHA regulations, a replacement card cannot be issued if the original course completion date is more than five (5) years from the request date. If it has been greater than five years, the student must retake the OSHA 30-Hour course to obtain a new OSHA 30-Hour Outreach Student Card.

CONDITIONS OF USE. The PureEHS version of the OSHA 30-Hour course is provided on the PureSafety OnDemand website. Specific Terms of Use while on the PureSafety site can be found at: https://ondemand.puresafety.com/conditions-of-use.

7. EDUCATION PRICING

CareerSafe offers education pricing to institutions that meet certain criteria.

OSHA COURSES EDUCATION PRICING. For our OSHA 10-Hour and OSHA 30-Hour courses, CareerSafe offers per seat Education Pricing to educational institutions serving K-12 students. Postsecondary and educational institutions not serving K-12 students are not eligible for Education Pricing.

For-profit organizations are not eligible for Education Pricing; they must purchase as a Business customer and pay full retail price. Any user or organization misrepresenting their organization type (e.g., a for-profit entity identifying as an educational organization or a commercial user attaching their account to a school organization) may have their services immediately terminated without notice and shall be liable for the difference between the education price paid and the full retail price, plus any costs of collection, including reasonable attorneys' fees. Per Section 4 (Prohibited Conduct and Content), purchasing the Services at prices that do not apply to you or your organization may result in liability for the price difference, collection costs and reasonable attorneys' fees, suspension or termination of access, and referral to appropriate authorities where the conduct constitutes fraud.

OSHA CARD SHIPMENT. The OSHA 10-Hour & 30-Hour Outreach Student Card associated with OSHA course seats bought at the Education Price will be shipped in batches to the mailing address set on the Group Properties associated with the seat the student used to complete the course (e.g., teacher, corporate trainer, school, facility). Shipping the OSHA cards directly to each student individually is not permissible at the Education Price.

OSHA REPLACEMENT CARDS. CareerSafe provides Education Pricing on replacement card fees ($20 per replacement card) for OSHA 10-Hour Outreach Student Cards. To qualify, the original seat used by the student to take the corresponding OSHA 10-Hour course must have been purchased at the Education Price. Education Pricing for OSHA 30-Hour replacement cards is not available.

SCHOOL LICENSES. For K-12 and post-secondary education institutions only, CareerSafe offers a School License model that allows a single, physical school an unlimited number of seats to courses within a Course Library (e.g., Employability Skills). This one-time, School License price allows all the students within a single school access to all training within the Course Library.

The School License provides access for the entire school year. The end of the school year is defined as August 31 of the year in which the current school year ends. For example, a School License purchased on September 1, 2025, is good for the 2025/2026 school year and therefore would expire on August 31, 2026. Another example would be a School License purchased on March 9, 2026, which would be good for the remainder of the 2025/2026 school year and therefore the license would expire on August 31, 2026.

To qualify for a School License, an organization must be an elementary, middle, high school, or post-secondary school and the School License may only be used by a single school. Sharing a single School License amongst several schools, across a district, or different physical locations is not permissible, and may result in the license being immediately revoked and access terminated.

8. SITE LICENSE (FOR BUSINESS CUSTOMERS)

For our Business customers, CareerSafe offers a Site License model that allows a single business site an unlimited number of seats to courses within a Course Library (e.g., Employability Skills). This one-time Site License allows all employees at a single business site access to all training within the Course Library for the academic year in which the license is purchased, with the end of the academic year defined as August 31. For example, a Site License purchased on September 1, 2026, is good for the 2026/2027 academic year and would expire on August 31, 2027. Likewise, a Site License purchased on March 9, 2027, would be good for the remainder of the 2026/2027 academic year and would expire on August 31, 2027.

A Site License must be purchased for each individual business site. Sharing a single Site License amongst several sites, multiple offices across a geographic region, or different physical locations is not permissible. Remote employees accessing training must be primarily assigned to and working for the specific business site associated with its respective Site License. Failure to abide by the access rules for a Site License may result in the license being immediately revoked and access terminated.

9. PURCHASE ORDER PAYMENT TERMS

CareerSafe allows educational institutions, nonprofit organizations, and pre-approved businesses to purchase training with a purchase order.

NET 30 REQUIREMENT. Payment is due within thirty (30) days of the date of invoice. If the customer believes the invoice is incorrect, they must notify CareerSafe in writing before payment is due to be eligible to receive an adjustment or credit.

PAST DUE. Customers with outstanding invoices that are more than thirty (30) days past due will not be permitted to purchase with a purchase order until the delinquent invoices are paid in full. CareerSafe may suspend or terminate services and access to any courses or materials at its sole discretion, with or without notice to the customer, if any payment is more than sixty (60) days delinquent. Customer shall remain liable for all outstanding amounts despite such termination.

OSHA CARDS NOT SENT UNTIL PAID. Course seats will be issued after CareerSafe processes a purchase order, subject to CareerSafe's right to revoke access for non-payment or other violations of these Terms. However, the OSHA 10-Hour Outreach Student Card that is issued after successful completion of an OSHA 10-Hour course will not be shipped until the associated invoice is paid in full. Orders for reprints of an OSHA 10-Hour Outreach Student Card paid by purchase order will be processed immediately.

PRE-APPROVED BUSINESS TERMS. To be eligible to place orders with a purchase order, a customer must be an educational institution, nonprofit organization, or a pre-approved business. For a business to obtain pre-approval, they must register with CareerSafe (at contracts@careersafeonline.com) and pass a business credit check.

10. SALES TAX

All orders will be subject to state and local sales tax and shall be collected from the Customer unless the Customer provides a valid tax-exemption certificate to CareerSafe. To register with CareerSafe as a tax-exempt organization, please email accounting@careersafeonline.com and provide your organization name, point of contact information, and attach a valid tax-exempt certificate. CareerSafe will make reasonable efforts to process and validate tax-exempt certificates within 3-5 business days, but processing times may vary. Orders placed before tax-exempt status is validated will be subject to applicable taxes.

The tax rate applied to your order will be the combined state and local rates of the address to which your order is shipped. If shipped to address is unavailable, the billing address will be used for the calculation of sales tax. Customer is responsible for ensuring address accuracy and any additional taxes due to incorrect address information.

11. REFUNDS

Under certain conditions and at CareerSafe's sole discretion, CareerSafe may provide the Customer a refund of their purchase in accordance with our Refund Policy, which is incorporated herein by reference. Nothing in this Section or the Refund Policy is intended to limit any non-waivable refund or cancellation rights provided to consumers under applicable state or federal law.

12. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by CareerSafe or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

13. TRADEMARKS

CareerSafe and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of CareerSafe and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

14. FEEDBACK

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about CareerSafe or our Services (collectively, “Feedback”). You hereby grant CareerSafe a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and otherwise exploit such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback at CareerSafe’s sole discretion. You understand that CareerSafe may treat Feedback as nonconfidential.

15. COPYRIGHT COMPLAINTS (DMCA)

CareerSafe respects the intellectual property rights of others. If you believe that any content available through the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512) by providing the following information in writing to our designated agent: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit CareerSafe to locate the material; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Our designated DMCA agent is: CareerSafe, LLC, 1005 University Dr. East, College Station, TX 77840, contracts@careersafeonline.com, Tel: 888-614-7233.

Upon receipt of a valid DMCA notification, CareerSafe will respond expeditiously in accordance with applicable law, which may include removing or disabling access to the allegedly infringing material. Any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake, may be subject to liability under 17 U.S.C. § 512(f).

16. THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. CareerSafe does not control, endorse, monitor, or verify, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. CareerSafe shall not be liable for any damages arising from your use of or reliance on Third-Party Content.

17. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless CareerSafe and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “CareerSafe Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms (including, without limitation, failure to select the appropriate pricing for you or your organization); (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the CareerSafe Parties of any third-party Claims, cooperate with the CareerSafe Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the CareerSafe Parties will have control of the defense or settlement, at CareerSafe’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CareerSafe or the other CareerSafe Parties. For the avoidance of doubt, the indemnification obligations in this Section apply to business and institutional customers, adult users, and account holders who enroll or authorize other users, and shall not apply to minor students using the Services under the enrollment or authorization of an educational institution, employer, or other adult account holder; in such cases, the enrolling institution, employer, or adult account holder shall bear the indemnification obligations set forth herein.

18. DISCLAIMERS

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, CareerSafe does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While CareerSafe attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

19. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, CareerSafe and the other CareerSafe Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, warranty, or otherwise-for any indirect, consequential, incidental, or special damages or lost profits, even if CareerSafe or the other CareerSafe Parties have been advised of the possibility of such damages.
The total liability of CareerSafe and the other CareerSafe Parties for any claim arising out of or relating to these Terms or our Services - regardless of the form of the action - is limited to the greater of (a) the total amount you have paid to CareerSafe for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) the total amount paid for the specific Service giving rise to the claim.
The limitations set forth in this Section 19 will not limit or exclude liability for personal injury, death, or property damage caused by the Services or products purchased through the Services or for the gross negligence, fraud, or intentional misconduct of CareerSafe or the other CareerSafe Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

20. RELEASE

To the fullest extent permitted by applicable law, you release CareerSafe and the other CareerSafe Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

21. TRANSFER AND PROCESSING DATA

For us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

22. NO REPRESENTATIVE ACTIONS

You and CareerSafe agree that any dispute arising out of or related to these Terms or our Services is personal to you and CareerSafe and that any dispute will be resolved solely through individual action and will not be brought as a class action or any other type of representative proceeding.

23. ARBITRATION

AGREEMENT TO ARBITRATE. Except for (i) disputes relating to the infringement or misappropriation of intellectual property rights, (ii) claims eligible for resolution in a small-claims court of competent jurisdiction, or (iii) applications for injunctive or other equitable relief, you and CareerSafe agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration provision, including whether a Dispute is subject to arbitration.

OPT-OUT RIGHT. You may opt out of this arbitration provision by sending written notice to CareerSafe at contracts@careersafeonline.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, account information (if applicable), and a clear statement that you wish to opt out of this arbitration provision. If you validly opt out, neither you nor CareerSafe will be required to arbitrate any Dispute, but all other provisions of these Terms (including the class action waiver in Section 22 (No Representative Actions)) will continue to apply.

PROCEDURES AND FEES. The arbitration shall be conducted in the English language in the county of your primary residence or, at your election, in Brazos County, Texas. If the amount in controversy does not exceed $100, the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules; provided, however, that if your claim does not exceed $100, CareerSafe will reimburse your share of the AAA filing fee and pay the AAA's administration and arbitrator fees. Each party shall bear its own attorneys' fees unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose.

SEVERABILITY OF ARBITRATION PROVISION. If any portion of this arbitration provision is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If the class action waiver set forth in Section 22 (No Representative Actions) is found to be unenforceable as to a particular claim or request for relief, that claim or request for relief shall be severed from any remaining claims and may proceed in a court of competent jurisdiction, while the remaining claims shall be resolved through individual arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

24. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Except as otherwise required by applicable law, including mandatory consumer-protection laws of a user's state of residence, any dispute between the parties that is not subject to arbitration under Section 23 (Arbitration) will be resolved exclusively in the state or federal courts located in Bryan, Texas, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

25. MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

26. FORCE MAJEURE

CareerSafe shall not be liable for any delay or failure to perform any obligation under these Terms - including, without limitation, delays in OSHA card issuance or shipping as described in Sections 5 and 6 - where such delay or failure results from any cause beyond CareerSafe's reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, fire, flood, war, terrorism, labor disputes or shortages, governmental actions or orders (including actions by OSHA), failures or delays by third-party providers (including PureEHS and UL Solutions), carrier or postal service delays (including the United States Postal Service), internet or telecommunications outages, power failures, or cyberattacks. During any such event, CareerSafe's obligations shall be suspended to the extent affected, and the time for performance shall be extended by a period reasonably necessary to account for the duration of the event and its consequences.

27. TERMINATION AND SURVIVAL

CareerSafe may, in its sole discretion, suspend or terminate your account or your access to all or any part of the Services at any time, with or without cause and with or without notice, including if CareerSafe believes you have violated any provision of these Terms. You may terminate your account at any time by contacting Customer Care. Upon any termination, discontinuation, or cancellation of the Services or your account, your right to access and use the Services will immediately cease, and all provisions of these Terms that by their nature should survive will survive as set forth below.

The following Sections, together with any rights, obligations, and provisions of these Terms that by their nature should survive, shall survive any expiration or termination of these Terms or your access to the Services: Section 3 (Capacity and Authority), Section 12 (Ownership; Limited License), Section 13 (Trademarks), Section 14 (Feedback), Section 15 (Copyright Complaints), Section 17 (Indemnification), Section 18 (Disclaimers), Section 19 (Limitation of Liability), Section 20 (Release), Section 22 (No Representative Actions), Section 23 (Arbitration), Section 24 (Governing Law and Venue), Section 26 (Force Majeure), this Section 27, Section 29 (Severability), and Section 30 (Miscellaneous).

28. ADDITIONAL TERMS AND AMENDMENTS

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we specify otherwise in our notice, the amended Terms will be effective immediately upon posting or notification, and your continued use of the Services after such posting or notification constitutes your binding acceptance of the modified Terms, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

29. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The parties agree that any such unlawful, void, or unenforceable provision shall be replaced with a valid and enforceable provision that comes closest to the parties' intent underlying the invalid provision.

30. MISCELLANEOUS

The failure of CareerSafe to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You affirmatively consent to receive all communications, notices, disclosures, and records from CareerSafe electronically, whether by email, posting on the Services, or other electronic means, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing. Pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) ("E-SIGN Act"), you agree that electronic signatures and electronic records shall have the same legal effect, validity, and enforceability as manually executed signatures and paper-based records. You may withdraw your consent to receive electronic communications by contacting Customer Care at support@careersafeonline.com; provided, however, that withdrawal of such consent may limit or terminate your ability to use the Services. Upon request, CareerSafe will provide a paper copy of any record previously delivered electronically.