DH Glabe & Associates Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY.
THIS IS A BINDING CONTRACT.

ACCEPTANCE OF TERMS AND PRIVACY POLICY

Daryel Ann, LLC dba DH Glabe & Associates (“DHG”) makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by DHG and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that DHG may publish from time to time (collectively, the “Terms of Use”).

DHG reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You understand that DHG may discontinue or restrict your use of the Site, Materials and/or Services for any reason or no reason with or without notice. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you signify your agreement to the Terms of Use and constitutes your binding acceptance of the Terms of Use, including any modifications that DHG makes from time to time.

In addition, by accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you represent that you have read and consent to our Privacy Policy in addition to the Terms of Use. DHG may revise the Privacy Policy at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Services.

PRODUCTS AND SERVICES
Among other things, DHG makes training videos available to its clients through this Site. Such Materials aim to deliver comprehensive and professional training in an online format and may contain statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. DHG has made a bona fide effort to ensure accurate, complete, reliable, current, and error-free content available through this Site. The methodologies used by DHG are based on current best practices. In any case, DHG is not responsible for any errors and delays in accessing its Materials, Services, or other technical problems within or beyond its reasonable control.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
All information available through this Site is the property of DHG. All rights reserved. The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, DHG and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by DHG, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. DHG offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by DHG. You agree that you will not hold DHG responsible or liable with respect to the Third Party Services or seek to do so.

SITE ACCESS AND CONDITIONS OF USE
DHG grants you access to this Site. The rights granted to you constitute a license and not a transfer of title. To access the Materials and/or Services, however, you must have an Account. You can create an Account by completing the registration process and selecting a non-transferrable user identification and password. As discussed further below, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user identification and/or password.

Some portions of the Site may only be accessed if you have pay for one or more of the Materials and/or Services offered by DHG. In any case, you may use this Site and its contents, including the Materials offered by DHG, for your private, non-commercial use only. You may not reproduce, retransmit, disseminate, sell, publish, broadcast or circulate any of this information without the express written consent of DHG. No right or interest in any copied or downloaded content is transferred to you as a result of any copying or downloading. DHG reserves full intellectual property rights in any content copied or downloaded from this Site, including the right to revoke the authorization to view, download, and print the content available on this Site at any time. You agree to treat all information obtained from the Site as proprietary to DHG. Any unauthorized use terminates the permission for access or license granted by DHG.

Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. In addition, you may not modify or alter the site’s infrastructure design or content in any way. You may not delete or change any copyright or trademark notice. You may not reverse engineer, or create derivative works based on the Site, its Materials, or Services or their selection and arrangement, except as expressly authorized herein.

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from DHG; not to access or attempt to access any content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

As stated above, you may use this Site and its contents, including the Materials offered by DHG, for your private, non-commercial use only. Notwithstanding the foregoing, under fair use you may quote from this Site and its contents, including the Materials offered by DHG, a single copy of a single chart, slide, or portion of text that is less than a paragraph long, provided that each is identified as "Source: DHG" and provided that the excerpted information from this Site and its contents, including the Materials offered by DHG, are not used for commercial gain, such as in marketing, public relations, or sales materials, in any form. This Site and its contents, including the Materials offered by DHG, may not be used in any way that compromises the objectivity of DHG or the privacy of our clients. In addition, you assume responsibility for the proper citation of sources with respect to any excerpted information and shall hold DHG harmless with respect for the lack of proper citation.

DHG will make reasonable efforts to keep your Account and the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.

TRADEMARKS
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of DHG or other third parties. You are not permitted to use the Marks without the prior written consent of DHG or such third party that may own the Marks. In addition, you are not permitted to use any current or future DHG product names or trade names in connection with any product or service that does not belong to, is not owned by, or endorsed by DHG in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DHG.

TERMS, FEES AND PAYMENTS
Portions of the Site may only be accessed if you have pay for one or more of the Materials and/or Services offered by DHG. Any fees which DHG may charge are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of (i) your decision to terminate your usage, (ii) DHG’s decision to terminate your usage, (iii) disruption caused to the Site either planned, accidental or intentional, or (iv) any other reason whatsoever.

You may purchase one or more of the Materials and/or Services offered by DHG by clicking the “Process Transaction” button whereby you agree that you will pay the applicable fee for the Material(s) and/or Service(s). Your fee for the selected Material(s) and/or Service(s) will automatically be charged to the credit card you designated as the credit card to be billed for your account. By clicking the “Process Transaction” button, you hereby represent to us that you are authorized to use the credit card you submit for payment. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such person, any charges associated with that person's use of any of the selected Material(s) and/or Service(s), and that person's compliance with this Agreement. Alternately, you may send us a money order or check payable to DH Glabe & Associates at 8753 Yates Drive, Suite 200, Westminster, CO 80031 in the amount of the selected Material(s) and/or Service(s).

LINKS
The Site may contain links to websites operated by other parties. DHG provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of DHG, and DHG is not responsible for the content available on the other sites. Such links do not imply DHG's endorsement of information or material on any other site and DHG disclaims all liability with regard to your access to and use of such linked websites.

Unless otherwise set forth in a written agreement between you and DHG, you must adhere to DHG’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with DHG’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with DHG, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) DHG reserves the right to revoke its consent to the link at any time and in its sole discretion.

YOUR REGISTRATION ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you believe someone has accessed any Materials and/or Services using your user identification and password without your authorization, it is your responsibility to immediately notify us and set up a new user identification and password. DHG will not be liable for any loss or damage arising from unauthorized use of your user identification and password. If you are under 18, you may use our Site only with the involvement of a parent or guardian.

DHG reserves the right, in its sole discretion, to refuse service, terminate accounts and remove or edit content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
This Site could include technical or other mistakes, inaccuracies, or typographical errors. DHG may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and DHG makes no commitment to update such Materials or Services.

You understand and acknowledge that (i) DHG does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) DHG makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) DHG shall not be liable or responsible for any content, products, or services offered by third parties.

THIS SITE IS PROVIDED BY DHG ON AN "AS IS" AND "AS AVAILABLE" BASIS. DHG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE, INCLUDING THAT BELONGING TO THIRD PARTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS VOLUNTARY AND HAVE DONE SO AT YOUR SOLE RISK. THE CONTENT AND DEVELOPMENT ARE BASED ON CURRENT BEST PRACTICES, HOWEVER, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DHG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

DHG DOES NOT AND CANNOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DHG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DHG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

APPLICABLE LAW AND JURISDICTION
By visiting this Site, you agree that this Agreement shall be governed by and interpreted by the laws of the State of Colorado, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by DHG to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in the City of Denver, State of Colorado and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction, except that, to the extent you have in any manner violated or threatened to violate one or more its intellectual property rights, DHG may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

TERMINATION
You may terminate your participation in any of the Materials and/or Services offered by DHG by removing your information from the Site at any time, for any or no reason, without explanation. All fees paid and charges made prior to termination as provided herein are nonrefundable.

We maintain sole discretion to bar your use of the Site and any of the Materials and/or Services offered by DHG in the future, for any or no reason. This Agreement will remain in effect even after your participation in the Site is terminated, this Agreement will remain in effect.

You agree that DHG, in its sole discretion, with or without prior notice, may freeze or terminate your user identification, password or use of the Site, its contents, including the Materials and Services offered by DHG (or any part thereof) for any reason, including, without limitation, if DHG believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use Agreement. DHG may also in its sole discretion and at any time bar, modify or discontinue your use of the Site and any of the Materials and/or Services offered by DHG in the future, or any part thereof, with or without notice, for any or no reason. Further, you agree that DHG shall not be liable to you or any third-party for any interference with or termination of your access to any part of the Site. If we elect to terminate your Account, we will remove all of your information from our servers.

OTHER RIGHTS
The intention of DHG is to continue to upgrade and improve the Site and to ensure the protection and security of the information therein. Therefore, DHG reserves the right to make changes to this Site, policies, and these Terms of Use at any time.

In addition, DHG reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees or separate charges for Materials or Services provided by DHG, effective upon ten (10) days notice to you at your designated email address. If any such change is unacceptable to you, you may terminate your participation in the Site by selecting the appropriate link provided by DHG.

GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between DHG and you with respect to your use of the Site.

All questions concerning this Agreement should be directed to [email protected] or by mail to: DH Glabe & Associates, 8753 Yates Drive, Suite 200, Westminster, CO 80031.

Copyright © 2013 by DHG.

1-855-OSHA-TRN (1-855-674-2876) [email protected]
POWERED BY DH GLABE & ASSOCIATES
 
All Rights Reserved. © Copyright 2013. Daryel Ann, LLC dba DH Glabe & Associates. 8753 Yates Drive, Suite 200, Westminster, Colorado 80031
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