Terms of Use


Agreement between user and Failsafe Hazmat Compliance

Welcome to Failsafe Hazmat Compliance website. The Failsafe Hazmat website (https://failsafehazmat.com) (the "Site") is comprised of various web pages operated by Failsafe Hazmat Compliance, LLC ("Failsafe Hazmat"). Failsafe software and website usage is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the "Site" constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

Failsafe Hazmat is an E-commerce Site. Failsafe software has been established to provide aid and guidance for customers that ship hazardous materials. Failsafe is designed to be administered by a hazardous materials expert who is familiar with the 49CFR, IATA, IMDG and ADR regulations. Failsafe is not a substitution for training and expertise associated with Federal and International guidelines of training.

 

Privacy

Your use of the Site is subject to Failsafe Hazmat's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting the Site or sending emails to Failsafe Hazmat 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 Site, satisfy any legal requirement that such communications be in writing.

 

Your 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, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Failsafe Hazmat is not responsible for third party access to your account that results from theft or misappropriation of your account. Failsafe Hazmat and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Failsafe Hazmat 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 the Site only with permission of a parent or guardian.

 

Cancellation/Refund Policy

Subscriptions to Failsafe Software are defined by annual contractual agreements. Cancellation and refunds for services will be dictated by each individual customer's negotiated contract. Failsafe QuickShip is a one use service. Users are responsible for entering correct data, reviewing all results from the software and agreeing to produced results. At the point the shipment paper is completed (as defined by the customer/user clicking the "complete" verification button, Failsafe will issue no refunds.

 

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Failsafe Hazmat and Failsafe Hazmat 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. Failsafe Hazmat is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Failsafe Hazmat of the site or any association with its operators.

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.failsafehazmat.com domain, you hereby acknowledge and consent that Failsafe Hazmat may share such information and data with any third party with whom Failsafe Hazmat has a contractual relationship to provide the requested product, service or functionality on behalf of Failsafe Hazmat users and customers.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Failsafe Hazmat software services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Failsafe Hazmat that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

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 Site, is the property of Failsafe Hazmat 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 Site. Failsafe Hazmat content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written permission of Failsafe Hazmat 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 Failsafe Hazmat or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by Failsafe Hazmat 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 Failsafe Hazmat Content accessed through https://www.failsafehazmat.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FAILSAFE HAZMAT COMPLIANCE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

FAILSAFE HAZMAT COMPLIANCE, LLC 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 SITE 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. FAILSAFE HAZMAT COMPLIANCE, LLC 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 FAILSAFE HAZMAT COMPLIANCE, LLC 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAILSAFE HAZMAT COMPLIANCE, LLC 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Failsafe Hazmat reserves the right, in its sole discretion, to terminate your access to the Site 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 Oklahoma and you hereby consent to the exclusive jurisdiction and venue of courts in Oklahoma in all disputes arising out of or relating to the use of the Site. Use of the Site 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 Failsafe Hazmat as a result of this agreement or use of the Site. Failsafe Hazmat's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Failsafe Hazmat's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Failsafe Hazmat 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 Failsafe Hazmat with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Failsafe Hazmat with respect to the Site. 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 an d 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

Failsafe Hazmat reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Failsafe Hazmat encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Failsafe Hazmat welcomes your questions or comments regarding the Terms:

Failsafe Hazmat Compliance, LLC

9726 East 42nd Street, STE 201

Tulsa, OK 74146

 

Email Address: admin@failsafehazmat.com

 

Telephone number: 918-856-3180

 

Effective as of January 01, 2012

 

END USER LICENSE AGREEMENT

This copy of Failsafe Hazmat Compliance software technology ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Failsafe Hazmat Compliance, LLC or its subsidiaries, affiliates, and suppliers (collectively "Failsafe Hazmat") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

 

License Grant

This Agreement entitles you to use one copy of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

 

Restrictions on Transfer

Without first obtaining the express written consent of Failsafe Hazmat, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

 

Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

 

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.

 

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

 

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

 

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

 

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FAILSAFE HAZMAT, FAILSAFE HAZMAT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

 

DISCLAIMER OF LIABILITY. IN NO EVENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAILSAFE HAZMAT COMPLIANCE, LLC. BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SOFTWARE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FAILSAFE HAZMAT COMPLIANCE, LLC., AND EVEN IF FAILSAFE HAZMAT COMPLIANCE, LLC. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW OF YOUR JURISDICTION.

 

Failsafe Hazmat makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Failsafe Hazmat makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. FAILSAFE HAZMAT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 

LEGAL DISCLAIMER: As the shipper and or offerer and or Person, as defined by Title 49 U.S. Code of Federal Regulations 171.8) of dangerous goods/hazardous materials, you are solely responsible for compliance with any and all applicable laws, statutes, regulations and requirements governing the shipment of dangerous goods/hazardous materials. This includes, but is not limited to, the preparation, correctness, completeness, correct use of documentation, use of correct interior and exterior packaging, use of correct and proper labeling and insuring the completion of required training for all hazmat employees who offer or prepare dangerous goods/hazardous materials for shipping and transporting in accordance with current regulations for dangerous goods and any applicable State and/or Operator Variation or requirements thereto. IF YOU, THE USER, UTILIZE FAILSAFE HAZMAT COMPLIANCE, LLC SOFTWARE AND/OR OUTPUT FOR PREPARATION OF DANGEROUS GOODS/HAZARDOUS MATERIALS, YOU ACKNOWLEDGE AND AGREE THAT YOU REMAIN SOLELY AND ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE REGULATIONS, LAWS AND REQUIREMENTS, AS WELL AS ANY CHANGES AND UPDATES WHICH TAKE EFFECT AFTER THE DATE OF USAGE OF THIS PRODUCT. FAILSAFE HAZMAT COMPLIANCE, LLC IS NOT RESPONSIBLE FOR ANY INACCURACIES IN THE INFORMATION PROVIDED BY THIS SOFTWARE PROGRAM AND/OR OUTPUT/INFORMATION AND REQUIREMENTS PROVIDED BY USE OF THIS SOFTWARE IS BASED ON THE INFORMATION THAT YOU HAVE PROVIDED. You acknowledge that any change in type, quantity and/or packaging of dangerous goods/hazardous materials from the information that you originally provided may result in necessary changes to the shipper's declaration for dangerous goods form, packaging, marking and/or labels and that compliance with these requirements is your sole responsibility. Failsafe Hazmat Compliance, LLC expressly disclaims any responsibility or liability for compliance with any applicable laws, regulation or requirements and makes no warranties, express or implied.

 

UNDER NO CIRCUMSTANCES SHALL FAILSAFE HAZMAT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FAILSAFE HAZMAT OR ANY OTHER PARTY, EVEN IF FAILSAFE HAZMAT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS FAILSAFE HAZMAT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Indemnification

You agree to indemnify, defend and hold harmless Failsafe Hazmat, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site 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. Failsafe Hazmat 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 Failsafe Hazmat in asserting any available defenses.

 

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Failsafe Hazmat. Failsafe Hazmat reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Failsafe Hazmat is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Failsafe Hazmat to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Failsafe Hazmat harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

 

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Oklahoma, without regard to Oklahoma's conflict or choice of law provisions.

 

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

 

Contact Us

Failsafe Hazmat welcomes your questions or comments regarding the EULA:

 

Failsafe Hazmat Compliance, LLC

9726 East 42nd Street, STE 201

Tulsa, OK 74146

 

Email Address: admin@failsafehazmat.com

 

Telephone number: 918-856-3180

 

Effective as of January 01, 2012

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