Welcome to the OSHArecordable.com Web site (the “Website”). Through the Website, you may have access to a variety of resources and content. These include: (a) software and software as a service offerings (“Software”); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets (“Materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services”). Software, Materials, Community Services, and other information, content and services are collectively referred to as “Content.”
Terms Applicable to Specific Content and Areas of the Website
Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that Software is provided on or through the Website and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
Use of Materials
You may display on your computer, view, listen to, and play Materials that we publish or broadcast on the Website or may display, view, listen to, play, download and print Materials that we make available for download through the Website subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
Use of Community Services
Community Services may be provided as a convenience to users and we are not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding our products and services, including information from our employees, they are not an official customer support channel for us. You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by us.
Reservation of Rights
The Website and Content provided on or through the Website are the intellectual property and copyrighted works of Appellar L.L.C. or a third party provider. All rights, title and interest not expressly granted with respect to the Website and Content provided on or through the Website are reserved. All Content is provided on an “As Is” and “As Available” basis, and We reserve the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Website Content that you have the right and authority to Share and for which you have the right and authority to grant to We all of the licenses and rights set forth herein. By Sharing Content, you grant We a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any We product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by We without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Our exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
Your Use of the Website
Your Confidential Information
Security, Passwords and Means of Accessing the Website and Content
You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any Website or Appellar L.L.C. accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Website or any of our accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or any of our accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Website or any of our accounts, computer systems or networks without our express written permission.
Indemnity for Shared Content
We have no obligation to monitor the Website or screen Content that is shared on or through the Website. However, we reserve the right to review the Website and Content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any Content in our sole discretion. We may remove Content that is confidential or proprietary to a third party without that third party’s permission.
Termination of Use
We may, in our sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or Content provided on or through the Website. You agree that we may, in our sole discretion, at any time, terminate or limit your access to, or use of, the Website or any Content. We may terminate or limit your access to or use of the Website if we determine, in our sole discretion, that you have infringed the copyrights of a third party. You agree that we shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Website or any Content, including Content that you may have shared.
Third Party Web Websites, Content, Products and Services
The Website provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Website. We are not responsible for third party Content provided on or through the Website or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Web sites and third party Content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. WE MAKE NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
Site is Not Legal Advice
Appellar L.L.C. is not an attorney firm nor does it or its members provide legal advice or services. Information posted or made available on or through the Website, including without limitation any responses to questions posted on this Website, information provided in this Website, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively “Site Information”) is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Site Information.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CITATIONS OR PENALTIES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE. In addition, to the extent permitted by applicable law, Appellar L.L.C. is not liable, and you agree not to hold Appellar L.L.C. responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, Appellar L.L.C.’s websites and services; (2) delays or disruptions in Appellar L.L.C.’s websites and services; (3) viruses or other malicious software obtained by accessing Appellar L.L.C.’s websites or services or any website or service linked to Appellar L.L.C.’s websites or services; (4) glitches, bugs, errors, or inaccuracies of any kind in Appellar L.L.C.’s websites or services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Appellar L.L.C. account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Appellar L.L.C.’s policies.
Exclusions and Limitations
Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Website, and we ask that no information in relation to such persons be submitted to us.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Website, or the Content provided on or through the Website, in violation of S. export laws or regulations, or in violation of any other applicable laws or regulations.
Forward-looking and Cautionary Statements
Statements set forth in the Website may constitute forward-looking and cautionary statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. While these forward-looking statements represent our current judgment on what the future holds, they are subject to risks and uncertainties that could cause actual results to differ materially. You are cautioned not to place undue reliance on these forward-looking statements, which reflect our opinions only as of the date such statements are set forth in the Website. Please keep in mind that we are not obligating ourselves to revise or publicly release the results of any revision to these forward-looking statements in light of new information or future events.
Availability of Products
Information on the Website may reference or cross-reference our products, programs, or services that might not be available in your location. Such references do not imply that we plan to make such products, programs, or services available in your location.
Cancellations and Refunds
Membership subscriptions can be cancelled for 7 calendar days after payment is completed. Full refund of cancellations will be made within 30 calendar days of the cancellation. Contact client.care@OSHArecordable.com to request cancellation.
Waiver and Severability
All matters relating to your access to, and use of, the Website and Content provided on or through or uploaded to the Website shall be governed by U.S. federal law or the laws of the State of Texas.
You and Appellar L.L.C. agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth here. You and Appellar L.L.C. each agree that any and all disputes or claims that have arisen or may arise between you and Appellar L.L.C., including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. If you are a new Appellar L.L.C. customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to Appellar L.L.C., PO Box 80056, Austin TX 78708. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
“Appellar™”, “OSHArecordable.com,””OSHArecordable™”, “OSHA Recordable Decision Tool™”, “OSHAinjuryLog™,” “OSHA-Log™”, “OSHA Recordkeeping Video Library™”, and all logos related to the Appellar L.L.C. services are trademarks of Appellar L.L.C. or its licensors. You may not copy, imitate, modify or use them without Appellar L.L.C.’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Appellar L.L.C. You may not copy, imitate, modify or use them without our prior written consent. Copyright © 2017 Appellar L.L.C. and/or affiliates. All rights reserved.
Other names appearing on the Website may be trademarks of their respective owners. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Website or any of our sites to infringe our Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of our software, third party software, or any products or Content you access on or through our Websites.
Last Revised: January 22, 2017
Please carefully review our information collection practices and privacy protections below. This Privacy Statement Regarding Customer and Online User Information (“Privacy Statement”) applies to Appellar L.L.C. (“Appellar L.L.C.,” “we” or “our” or “us”, “Website”) and its websites, including OSHArecordable.com . This Privacy Statement also does not apply to the websites of our business partners or to any other third parties, even if their websites are linked to our website. We recommend you review the privacy statements of the other parties with which you interact.
This Privacy Statement governs Personal Information we collect from our customers, visitors, and online users (“you”), as well as information we automatically collect from your online visits (e.g. data collected via cookies).
For the purposes of this Privacy Statement, “Business partner” means any subcontractor, vendor or other entity with whom we have an ongoing business relationship to provide products, services or information. “Personal Information” means information that identifies you, such as your name, telephone number and email address.
Information We Collect
We may ask you to provide Personal Information when you:
- Use our websites;
- Request quotes, services, support, downloads, trials, whitepapers or information;
- Place orders for products or services, or register for events or webinars;
- Participate in surveys, sweepstakes or other promotional activities online or in any other venue;
- Subscribe to newsletters, Appellar L.L.C. programs, promotional emails or other materials;
- Apply for a job, submit your resume/CV or create a candidate profile; or
- Contact us.
To operate these features, we collect certain non-personal and personal information from you for specific purposes. For Website activities that request personal information, you agree to provide accurate and current information about yourself. The only personal information we obtain through the Website about you is information voluntarily provided by you through the Website. This means that a person can visit the Website and navigate through the Website without giving us personal information. To gauge the effectiveness of the Website, we may collect non-personal information about you, such as Internet server and browser identification, the Internet service provider, clickstream information, the web page from which a person enters our site, webpages visited, duration of visit, and domain type.
Personal Information we request may include your email address, name, work address and telephone number. If you make a purchase, we may ask for your credit card number and billing information. Job applicants may be asked to provide information such as educational background, employment experience and job interest. We may also collect demographic information, such as your business or company information, age, gender, interests, and preferences. Forms that you choose to complete will indicate which information requested is voluntary.
In order to offer you a more consistent and personalized experience in your interactions with Appellar L.L.C., information collected through one source may be combined with information Appellar L.L.C. obtains through other sources. We may also supplement the information we collect with information obtained from other parties, including our Business Partners and other third parties.
Some Appellar L.L.C. services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Appellar L.L.C. and the other company may receive information collected in conjunction with the co-branded services, and may use the information according to each company’s privacy statement and other agreements with you.
How We Use Personal Information
Appellar L.L.C. uses your Personal Information to:
- Deliver the services and support or carry out the transactions you have requested;
- Send communications to you, such as your transaction status including order confirmations, information about particular Appellar L.L.C. programs in which you have chosen to participate, information about products and services available from us, promotional offers and surveys;
- Facilitate communications from our Business Partners;
- Customize, analyze and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
- Enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you;
- Prevent fraud and other prohibited or illegal activities;
- Protect the security or integrity of our website(s), our business(es), or our products or services; or
- Otherwise, as disclosed to you at the point of collection.
Personal Information collected may be stored and processed in the United States or any other country in which Appellar L.L.C. or its subsidiaries or Business Partners maintain facilities. We may retain personal information for an indefinite amount of time to preserve our database and to comply with various federal and state laws.
Disclosing Personal Information
We may share your Personal Information with subsidiaries or Business Partners to carry out transactions you request, or to make our business or that of our subsidiaries more responsive to your needs, which includes our subsidiaries providing you with information about Appellar L.L.C., and Appellar L.L.C.-branded products and services. These communications may include requests relating to Appellar L.L.C. and Appellar L.L.C.-branded products or services or offers. We will only share your Personal Information with Business Partners who agree to protect your Personal Information and use it solely for the purposes set forth by Appellar L.L.C..
In addition, Appellar L.L.C. may share your Personal Information with participants in our sales and marketing chain, including but not limited to retailers, resellers, distributors, integrators, order fulfillers and some sales agents (“Channel Partners”), for the limited purposes of selling, marketing or providing support for Appellar L.L.C. products and services. We may also disclose your Personal Information in connection with law enforcement, fraud prevention or other legal action; as required by law or regulation; if Appellar L.L.C. (or a part of Appellar L.L.C.) is sold or merges with another company; or if Appellar L.L.C. reasonably believes it is necessary to protect Appellar L.L.C., its customers or the public. Except as described above, we will not disclose your Personal Information to third parties for their own marketing purposes without your consent.
Accessing, Changing, or Removing Your Information
Appellar L.L.C. wants to help you keep your Personal Information accurate. If you have any questions about the type of personal data we hold about you or if you wish to request deletion of personal data we hold about you, please send a written request to: client.care@OSHArecordable.com. You may choose to receive or not receive marketing communications from Appellar L.L.C. by sending a request to client.care@OSHArecordable.com. Please allow up to 14 business days for your email preferences to take effect. Because some promotions are developed in advance, you may sometimes receive solicitations after we receive your preference request.
How We Secure Your Personal Information
Appellar L.L.C. takes all reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorized access, modification or disclosure.
Collection and Use of Children’s Personal Information
We do not knowingly collect personal information from children under the age of 13 through our websites. If you are under 13 years of age, please do not submit any personal information through our websites without the express consent and participation of a parent or guardian.
When you visit our websites or view one of our email messages, we may use pixel tags (also called “clear” gifs), tracking links and/or similar technology to note some of the pages you visit on our websites. We may also use pixel tags to determine what types of email your browser supports. We may use the information collected through web beacons, pixel tags, tracking links and similar technology in combination with your Personal Information to personalize your experience on Appellar L.L.C. websites and to provide you with more useful and relevant advertisements.
Targeted Display Advertising by Appellar L.L.C. and Others
“Do Not Track” Signals
Appellar L.L.C. does not respond to web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Statement. For more information about “do not track,” visit www.allaboutdnt.org.
Targeted Email Marketing by Appellar L.L.C.
Some marketing you receive, including email marketing, may also be personalized based on your visits to Appellar L.L.C. websites and your browsing and purchase history. In addition, when you click on some links in email marketing you receive, our email service provider may place a cookie on your browser. This type of cookie would be linked to your email address or IP address and used to gather information about the products and services you view and purchase on Appellar L.L.C. websites. Information gathered may be used to personalize and customize future email marketing messages you receive. You may opt out of this use by clicking on the unsubscribe link provided in every personalized email marketing message you receive.
Social Media Features
Links to Third-Party Websites and Services
Please be aware that OSHArecordable.com provides links to other websites, which if you click on them may collect Personal Information about you. The information practices of those third-party websites linked to OSHArecordable.com are not covered by this Privacy Statement.
Changes to Our Privacy Statement Regarding Customer and Online User Information