CareerSafe Terms of Use

These Terms of Use (“Terms”) apply to 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” or by using our Services, you agree to these Terms, including the class action waiver in Section 18. If you do not agree to these Terms, do not use our Services.

If you have any questions about these Terms or our Services, please contact us at support@careersafeonline.com.

CareerSafe neither claims nor assures that completing CareerSafe training will result in guaranteed job placement.

For information about how we collect, use, share and otherwise process information about you, including personal information that constitutes information (in any format) directly related to an identifiable current or former student who is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Services, please see our Privacy Policy.

If you have any questions regarding the privacy and use of your information, please contact us at support@careersafeonline.com, or contact your educational institution.

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. 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.

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 civil and criminal charges.

Enforcement of this Section 3 is solely at CareerSafe’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party.

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.

• AVAILABLE IN THE UNITED STATES ONLY. 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. To 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 days of their start date. After that time, the course seat expires, and the student must purchase a new course seat.
  
  
• 365-DAY. Seats for all of our OSHA 10-Hour courses, as well as all of our other courses and site licenses, will expire 365 days after purchase.
• REQUIREMENTS FOR COMPLETION. To complete an OSHA 10-Hour course, a student must:
  
  
  1. complete all required training topics;
  2. spend the required amount of time in each topic;
  3. log at least ten (10) hours of time within the course content;
  4. pass the final exam with a score of 70% or higher within a maximum of three (3) attempts; and
  5. complete the mandatory course survey. 
  
  
  
• FAILURE TO PASS THE FINAL EXAM. If a student is unable to attain a passing score on the OSHA 10-Hour course final exam after three 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 passing the final exam within three attempts. Each student is allowed a maximum of one (1) retake. 
  
  
• 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 mailing 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 of the trainer associated with the seat the student used to complete the course (e.g., teacher). 
  
  
• 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. 
  
  
• NEVER RECEIVED CARD. CareerSafe makes every effort to get a student’s OSHA 10-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, trainers distributing cards, etc.). If 1) a student does not receive their initial card within two weeks 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 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 $30 (or $15 for educational/non-profit customers). 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.

CareerSafe offers volume discount pricing to educational institutions and nonprofit organizations that meet certain criteria.

• NONPROFIT STATUS. To qualify for the educational/nonprofit volume discount pricing, an organization must provide acceptable evidence of nonprofit status, including: (a) a reference to the applicant organization’s listing in the Internal Revenue Service’s (IRS) most recent list of tax-exempt organizations described in section 501(c)(3) of the IRS Code; (b) a copy of a currently valid IRS tax exemption certificate; (c) a statement from a State taxing body, State Attorney General, or other appropriate State Official certifying that the applicant organization has a nonprofit status and that none of the net earnings accrue to any private shareholders or individuals; (d) a certified copy of the organization’s certificate of incorporation or similar document that clearly establishes nonprofit status; (e) any of the above proof for a State or national parent organization and a statement signed by the parent organization that the applicant organization is a local nonprofit affiliate.
  
  
• VOLUME THRESHOLD. The discount pricing is only available to educational/nonprofit organizations that purchase at least twenty (20) course seats within a single calendar year. 
  
  
• OSHA CARD SHIPMENT. Due to the deep discount provided, the OSHA 10-Hour Outreach Student Card associated with OSHA 10-Hour course seats bought at the educational/nonprofit volume discount price will be shipped in batches to the mailing address of the trainer associated with the seat the student used to complete the course (e.g., teacher). Shipping the OSHA cards directly to each student individually is not permissible at the volume discount price.

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, at its sole discretion, with or without notice to the customer if any payment is more than sixty (60) days delinquent. 
  
  
• OSHA CARDS NOT SENT UNTIL PAID. Course seats will be issued after CareerSafe processes a purchase order. 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.

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. It may take up to 3-5 business days to process and validate tax-exempt certificates.

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.

Under certain conditions, CareerSafe will provide the Customer a refund of their purchase.  Please refer to the Refund Policy for more information.

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.

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.

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 understand that we may use 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.

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 or endorse, 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.

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.

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.

• 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 amount paid by you to use our Services.
  
  
• The limitations set forth in this Section 11 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.

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.”

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.

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.

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. Any dispute between the parties will be resolved in the state or federal courts located in Bryan, Texas.

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.

• 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 say otherwise in our notice, the amended Terms will be effective immediately, 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.

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 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 agree that communications and transactions between us may be conducted electronically.