Safety 101 Terms of Service

ERP 101, LLC

Effective Date: October 1, 2024

1. Your Agreement with Terms of Service

By using safety101.com, and its related domains, social media channels, mobile applications, services, information, web postings, products and tools (collectively, “Website” or “Service(s)”) you, or you on behalf of your employer or business, the “User,” are agreeing to the following terms and principles. This terms of service agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between you, the User and ERP 101, LLC dba Safety 101 (“Safety 101” or “we” or “us”). Please read the Terms of Service carefully before you start to use the Website.

Safety 101 includes:

1. Mobile Inspection App
2. Employee Training Tracker
3. Employee Portal
4. Incident Manager
5. OSHA Recording
6. Document Manager
7. Reports

2. User Eligibility

Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted in your registration is truthful and accurate: (2) that you will update your registration information when changes occur; (3) that you are at least 13 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian, and (5) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.

3. Limited License to Access the Software

Safety 101 provides software (“Software”) that may be accessed by the User in connection with our Services for the Subscription Period. Safety 101 retains all right, title, and interest in and to the Software, including without limitation all computers, other hardware, and software incorporated into or used by the Software. This Agreement does not grant User any right to reproduce, modify, distribute, or publicly display or perform the software included in the system or any other right to the Software not specifically set forth herein. You shall not alter or change the Software in any manner. At its sole discretion, Safety 101 may offer additional Services, products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services or products and any and all updated, modified or revised Services. Safety 101 reserves the right to cancel and cease offering any of the Services and products. Safety 101 shall not be held liable for any updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services shall constitute your acceptance of such updates, changes or modifications. If you do not agree to the updated, revised or modified terms, you must stop using the provided Services.

4. Accessing the Website and Obtaining the Appropriate Consents

To access the Website or some of the resources it offers you will be asked to provide certain registration details, personal information and payment card information. You agree that all information you provide to register with this Website, Safety 101, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (www.safety101.com/privacy-policy), and you consent to all actions we take with respect to your information and the information you provide to Safety 101 while using the Website and Services consistent with our Privacy Policy (“Consent”).

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

5. Consent for Safety 101 and its Service Providers to Process Regulated and Other Data

BY USING THE WEBSITE AND SUBMITTING DATA REGARDING YOU, YOUR COMPANY, ITS AFFILIATES, YOUR EMPLOYEES, CONTRACTORS, AND/OR AGENTS TO THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT SOME DATA MAY CONTAIN CONFIDENTIAL, PROPRIETARY, AND/OR REGULATED DATA. YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED THE APPROPRIATE CONSENT FROM THOSE ENTITIES AND INDIVIDUALS TO SUBMIT THE DATA FOR PROCESSING BY US AND OUR SERVICE PROVIDERS.

YOU REPRESENT AND WARRANT THAT YOU COMPLY WITH THE APPLICABLE PRIVACY AND DATA SECURITY LAWS APPLICABLE TO YOUR JURISDICTION REGARDING THE PROCESSING OF PERSONAL INFORMATION, OR OTHER REGULATED DATA. FOR THE PURPOSES OF THIS AGREEMENT, AT ALL TIMES SAFETY 101 WILL BE CONSIDERED A DATA PROCESSOR AND SERVICE PROVIDER TO THE USER.

SAFETY 101 IS NOT A BUSINESS ASSOCIATE OF ITS COVERED ENTITY CLIENTS.

Safety 101 uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential. 

Those trusted third-party partners may:

• Provide you and our company, and its affiliated companies with various services
• Provide database maintenance and security
• Help us manage transactions
• Help us process and fulfill orders or requests
• Create an account on such third-party site to provide various services to you

By using this Website, the User consents to Safety 101 sharing the User’s information with its service providers and their service providers.

6. Mobile Application Usage

Safety 101 does not warrant that the Mobile Application will be compatible or interoperable with your mobile device (or any other hardware, software or device). Furthermore, you acknowledge that use of the Mobile Application on your mobile device can cause the performance of that device to diminish and could result in permanent damage to your device and corruption of the software and files located on your mobile device and we shall have no liability should these problems arise. You assume all responsibility for use of the Mobile Application on your mobile device.

It is your responsibility to download the correct Mobile Application for your mobile device. Safety 101 is not liable if you do not have a compatible mobile device or if you download the wrong version of the Mobile Application for your mobile device. We reserve the right to terminate your use of the Mobile Application should you be using the Mobile Application with an incompatible or unauthorized mobile device. 

You agree to never use the Mobile Application while driving.

7. User Contributions

The Website or its social media channels may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the Website or share with Safety 101 via e-mail, text, letter, verbally or any and all other methods of communication will be considered non-confidential and non-proprietary. By providing any User Contribution, regardless of the communication method you use, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future. 

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers.

All of your User Contributions do and will comply with these Terms of Service.

8. Content Standards

The following Content Standards apply to any and all User Contributions and use of Interactive Services.  You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content that contains profanity or nudity. Safety 101 reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of Safety 101, violates this Agreement or which otherwise may be deemed offensive or rude. Safety 101 does not assume responsibility for monitoring user posted Content. 

However, if you believe you have identified a violation of this Agreement, please report the abuse to the Privacy Officer whose contact information is listed below.

9. Safety 101 Intellectual Property and Trademark Rights

The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by Safety 101 and are protected by copyright and other intellectual property or proprietary rights laws.

All content posted by Safety 101 is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial, non-profit or for profit manner without the prior written consent of Safety 101.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

Safety 101 and related logos are subject to copyright and trademark protections. You must not use such marks without the prior written permission of the Safety 101.

10. Authors and Bloggers

As stated below, Safety 101 does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.

11. Advertisers

The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

12. Privacy Policy

Your privacy is very important to Safety 101. Please read Safety 101 Privacy Policy [www.safety101.com/privacy-policy].

The Safety 101 Privacy Policy, as it may change from time to time, shall be incorporated into this Agreement.

13. DISCLAIMER: Safety 101 Does Not Provide Legal Advice

SAFETY 101 DOES NOT PROVIDE LEGAL ADVICE REGARDING PRIVACY CONCERN OR OTHER MATTERS. PLEASE CONTACT YOUR LAWYER, OSHA, AND/OR THE PROPER REGULATORY AUTHORITIES OF YOUR JURISDICTION IF YOU HAVE ANY QUESTIONS REGARDING COMPLIANCE WITH APPLICABLE LAW. 

14. Privacy Concern Cases

Subject to the disclaimer in Section 13 above, generally, a privacy concern case is one where an injury or illness involves:

• Intimate body part or reproductive system,
• Injury or illness resulting from sexual assault,
• Mental illness,
• HIV infection, hepatitis, tuberculosis,
• Needle stick and sharp injuries, or
• An employee who independently and voluntarily requests that his or her name not be entered on the OSHA 300 log.

This Website supports Privacy Concern Cases. However, each Privacy Concern Case should be documented on a separate confidential list.

15. Health Insurance Portability and Accountability Act (HIPAA)

Subject to the disclaimer in Section 13 above, HIPAA does not apply to Safety 101. 

HIPAA applies only to covered entities and their business associates. The United States Office of Civil Rights has guidelines on what types of organizations are covered entities. They are:

• Healthcare providers – doctors, clinics, nursing homes
• Health plans – insurance companies, HMO’s, company health plans, government programs that pay for healthcare.
• Health care clearinghouses – organizations that enable the exchange of healthcare data between the provider and the payer (insurance company)

As this list indicates, Safety 101 is not a covered entity nor is it a business associate of its covered entity clients.

Additionally, Safety 101 does not collect the type of personal health information (PHI) defined by HIPAA:

1. Information about care given for physical and/or mental well-being of an individual.
2. Notes, charts or any paperwork pertaining to doctor, hospital or clinic visits.
3. Enrollment in any health plans or other health programs associated with health care.
4. Any health care payment or claims.

16. Do Not Store Employee Medical Records in Safety 101

Safety 101’s user access model is designed to authorize individuals to record, investigate and correct safety incidents

Subject to the disclaimer in Section 13 above, the storage of employee medical records is regulated by HIPAA and carries with it a different set of user access requirements such as employee authorization. This is why employee medical records cannot be stored in Safety 101

Our understanding of best practices for protecting employee medical records is to limit access to select HR personnel and grant further access on a strict “need-to-know” basis.

17. Data Protection Laws

To ensure compliance with data protection laws around the world, such as GDPR, only data for data subjects located in the United States, Canada and Mexico may be stored in Safety 101 without prior written consent from Safety 101.

Data for data subjects not located in United States, Canada and Mexico may not be stored in Safety 101 without prior written consent from Safety 101.

18. Payment Terms

All payments made by you are governed by these terms. Your access to the Services is upon a subscription basis. Both monthly and annual payment terms are available (“Subscription Period”). Once payment is received, and you have indicated your understanding and acceptance of the Terms of Service and Privacy Policy, the Service will begin. After the Service is started, it will be billed in advance on either a monthly or yearly recurring basis unless canceled by you.

Your Subscription Period renews automatically upon payment and is not refundable.

We reserve the right to change the Service fee upon 30-day notice. Such notice may be provided at any time by posting the changes to the Website or by email.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required by law, Safety 101 will collect taxes on behalf of taxing authority and remit those taxes to taxing authorities.

SAFETY 101 DOES NOT COLLECT PAYMENT CARD INFORMATION (“PCI”), FOR EXAMPLE DEBIT OR CREDIT CARD INFORMATION, (“PCI”) FROM USERS. Safety 101 USES A THIRD-PARTY HOSTED PAYMENT PAGE AND PCI PROCESSOR. BY SUBMITTING PAYMENT THROUGH THE Safety 101 WEBSITE, YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL AND PCI INFORMATION BY OUR SERVICE PROVIDERS.

19. Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time during the Subscription Period. You may cancel your account via written notice, email or phone request. Your account is not considered cancelled until you receive written confirmation from Safety 101. There is no cancellation fee.

In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. It is your responsibility to export your data from Safety 101 before cancelling your account. Safety 101 does not accept any liability for any loss of your information.

If you cancel the Service before the end of your current paid Subscription Period, your cancellation will take effect immediately. There will not be any prorating of unused time in the last billing cycle.

20. Amendments and Changes to the Website and its Services

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Service, at any time. Amendments or changes to these Terms will not be effective until we post a revised Terms of Service on the Website. Unless explicitly stated otherwise, any new feature added to the Service, including but not limited to the release of new tools and resources, shall be subject to the Terms of Service.

Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you  (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service for any reason or no reason at all; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or Terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

21. Liability Limitation

The liability, if any, of Safety 101 and its agents, servants, representatives, members, officers, and employees with regard to your use of the Website for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $25.00. In no event shall Safety 101 and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.

22. Indemnification

You agree to indemnify, defend and hold Safety 101 and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.

23. No Waiver

Safety 101’s failure to enforce any provision of this Agreement does not waive future enforcement.

24. Disclaimer of Warranty

You expressly agree that use of this Website is at your sole risk. Neither Safety 101, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content.  The Content may contain errors, omissions, inaccuracies, or outdated information. Further, Safety 101 does not warrant reliability of any content displayed or distributed through the Website.

THIS WEBSITE, SERVICES AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. SAFETY 101 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SAFETY 101 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

25. Governing Law

The Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.

26. Forum Selection

Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County Michigan.

27. Dispute Resolution

Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 

In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

28. Notice to Safety 101 (Privacy Officer)

All notices to Safety 101 under this Agreement may be sent to:

David Groulx

Email address: support@safety101.com

Postal address: 2943 Foxboro Lane Holland, MI 49424