Terms of Use
Welcome to the Safety Procedure Systems service platform (located at https://app.safetyproceduresystems.com). The Safety Procedure Systems service platform (the “Service Platform”) is comprised of various web pages and web applications operated by CMS Safety LLC d/b/a Safety Procedure Systems (“SPS”). Safety Procedure Systems is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Safety Procedure Systems constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Safety Procedure Systems is a B2B safety services platform. The Service Platform is used to facilitate businesses obtaining customized safety procedure content to license for use with their own businesses.
Privacy
Your use of Safety Procedure Systems is subject to SPS’s Privacy Policy. Please review our Privacy Policy, which also governs the Service Platform and informs users of our data collection practices.
Electronic Communications
Visiting Safety Procedure Systems or sending emails to SPS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service Platform, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
SPS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Safety Procedure Systems only with permission of a parent or guardian.
Cancellation/Refund Policy
Customers may cancel their subscriptions at any time. Customers who cancel their subscriptions will continue to receive access to their subscription service through the end of their renewal period. At the end of the renewal period, the service will end and the customer’s account will be deactivated. Refunds may not be issued for Safety Manual purchase prices or subscription fees after a Safety Manual has been configured and compiled. For any questions regarding this cancellation and refund policy, please contact us at [email protected].
Links to Third Party Sites/Third Party Services
Safety Procedure Systems may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SPS and SPS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SPS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SPS of the site or any association with its operators.
Certain services made available via Safety Procedure Systems are delivered by third party sites and organizations. By using any product, service or functionality originating from the Safety Procedure Systems domain, you hereby acknowledge and consent that SPS may share such information and data with any third party with whom SPS has a contractual relationship to provide the requested product, service or functionality on behalf of Safety Procedure Systems users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Safety Procedure Systems strictly in accordance with these terms of use. As a condition of your use of the Service Platform, you warrant to SPS that you will not use the Service Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Service Platform in any manner which could damage, disable, overburden, or impair the Service Platform or interfere with any other party’s use and enjoyment of the Service Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service Platform.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service Platform, is the property of SPS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service Platform. SPS content is not for resale. Your use of the Service Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your appropriate business use, and will make no other use of the content without the express written permission of SPS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SPS or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by SPS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SPS Content accessed through Safety Procedure Systems in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless SPS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SPS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SPS in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CMS SAFETY LLC D/B/A SAFETY PROCEDURE SYSTEMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE PLATFORM AT ANY TIME.
CMS SAFETY LLC D/B/A SAFETY PROCEDURE SYSTEMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CMS SAFETY LLC D/B/A SAFETY PROCEDURE SYSTEMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMS SAFETY LLC D/B/A SAFETY PROCEDURE SYSTEMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE SERVICE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CMS SAFETY LLC D/B/A SAFETY PROCEDURE SYSTEMS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE PLATFORM.
Termination/Access Restriction
SPS reserves the right, in its sole discretion, to terminate your access to the Service Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Service Platform. Use of the Service Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SPS as a result of this agreement or use of the Service Platform. SPS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SPS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service Platform or information provided to or gathered by SPS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SPS with respect to the Service Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SPS with respect to the Service Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SPS reserves the right, in its sole discretion, to change the Terms under which Safety Procedure Systems is offered. The most current version of the Terms will supersede all previous versions. SPS encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
SPS welcomes your questions or comments regarding the Terms:
Mailing Address:
Safety Procedure Systems
PO Box 11702
Casa Grande, AZ 85194
Email Address:
Effective Date
These Terms are effective as of April 3rd, 2023.
