Terms and Conditions

Effective Date: Jan 1, 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the websites insurecompliance.net (the “Main Website”) and insurecompliance.myclickfunnels.com (the “eCommerce Website”), collectively referred to as the “Websites”, including any content, functionality, and services offered on or through the Websites, and your purchase and use of any products, including but not limited to safety policy templates (custom and template-based), training presentation templates or Portable Document Format (PDF) files, other template forms (collectively, “Digital Products”), and your engagement of safety consulting and in-person services (“Services”) offered by Insure Compliance (“Company,” “we,” “us,” or “our”).

By accessing or using the Websites, purchasing Digital Products, or engaging our Services, you, the user or client (“you” or “your”), signify that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at insurecompliance.net/privacy-policy or a similar relevant link), and all other applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing these Websites and from purchasing or using our Digital Products or Services. These Terms constitute a legally binding agreement between you and the Company.

The act of browsing the Websites, downloading materials, or making a purchase signifies your acceptance of these Terms, forming a contractual relationship. This framework is essential because many interactions, particularly those involving the browsing of the Websites or the download of freely available informational content, may not involve a traditional handwritten signature. Establishing “acceptance by use” is therefore a foundational measure to ensure that all users and clients are aware of and are bound by these provisions from their initial interaction with the Company’s offerings. Such clear articulation of acceptance minimizes potential disputes regarding awareness of these Terms and strengthens the applicability of all subsequent clauses, including critical disclaimers and limitations of liability. A robust acceptance mechanism is a prerequisite for the enforceability of the contractual stipulations that follow, particularly those that define the boundaries of the Company’s responsibilities and your obligations.

You must be at least eighteen (18) years of age to use these Websites, purchase Digital Products, or engage our Services. By using the Websites, purchasing Digital Products, or engaging Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

1.1. Definitions

For the purposes of these Terms, the following definitions shall apply:

• “Client Content” means any data, information, materials, or other content provided by you to the Company for the purpose of receiving Custom Policies or Services.
• “Custom Policies” means safety policies or other documents developed or customized by the Company specifically for your internal business use, based on information and requirements provided by you, and subject to the disclaimers and limitations herein.
• “Digital Products” means, collectively, Templates, Custom Policies, Training Materials, and any other digital files, documents, or forms offered for sale or download on the Websites.
• “Intellectual Property” means all copyrights, trademarks, trade secrets, patents, design rights, and other proprietary rights recognized in any jurisdiction.
• “OSHA” refers to the Occupational Safety and Health Administration of the United States Department of Labor, and/or any applicable state-level occupational safety and health agency or regulatory body.
• “Services” means safety consulting services, in-person services, training delivery (distinct from Training Materials), and any other professional services offered by the Company, the scope of which will typically be defined in a separate Statement of Work or Proposal.
• “Templates” means standardized, non-customized Digital Products, including but not limited to safety policy templates, training presentation templates, and other forms, provided by the Company for informational and guidance purposes, intended as a starting point for your development of your own internal documents and programs. The definition of “Templates” as standardized, non-customized informational documents intended as a starting point is crucial. It immediately establishes an expectation that you are responsible for adapting these materials to your specific operational context, thereby managing liability from the outset by preempting arguments that a Template was implicitly warranted as perfectly suitable for your unique needs without modification.
• “Training Materials” means Digital Products such as presentation slides (e.g., PPT), PDF documents, and other digital content designed for use in safety training programs.
• Words importing the singular include the plural, and vice versa, and words importing gender include all genders.

1.2. Changes to Terms

The Company reserves the right, in its sole discretion, to revise, modify, or update these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Websites, Digital Products, and Services thereafter. We will notify you of any material changes by posting the new Terms on our Websites and updating the “Effective Date” at the top of these Terms. For significant changes affecting ongoing services or substantial rights, we may also provide notice via email to the address associated with your account or through a prominent notice on our Websites.

Your continued use of the Websites, Digital Products, or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page on our Websites frequently so you are aware of any changes, as they are binding on you. This approach to modifying terms balances the Company’s need for flexibility with principles of fairness, ensuring that you are adequately informed of changes, which in turn supports the enforceability of future amendments.

2. Use of Our Websites

2.1. Account Registration and Security

To access certain features of the Websites or to purchase Digital Products or Services, you may be required to create an account. If you create an account, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account login information, including your username and password, and are fully responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

2.2. Prohibited Conduct

You agree not to use the Websites, Digital Products, or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by the Company. By way of example, and not as a limitation, you agree not to:

• Use the Websites, Digital Products, or Services in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites, Digital Products, or Services.
• Attempt to gain unauthorized access to the Websites, other accounts, computer systems, or networks connected to the Websites, through hacking, password mining, or any other means.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others. This includes, but is not limited to, copying, distributing, or creating derivative works from any Digital Products beyond the scope of the license granted herein.
• Upload or transmit viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Use the Digital Products or Services to carry out any illegal activity or to violate any applicable local, state, national, or international law, including but not limited to OSHA regulations through misrepresentation or fraudulent application.
• Engage in any activity that would constitute a breach of these Terms.

Violation of these rules of prohibited conduct may result in the immediate suspension or termination of your access to the Websites, Digital Products, and Services, without refund and without prejudice to any other rights or remedies the Company may have. This direct linkage between prohibited actions and termination rights serves as a clear deterrent and provides an enforceable mechanism for managing user behavior and protecting the Company’s platform and intellectual property.

2.3. User-Generated Content (if applicable)

If the Websites or Services allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material (“User Content”), you are responsible for the User Content that you post, including its legality, reliability, and appropriateness.

By posting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your User Content in connection with operating the Websites, providing the Digital Products or Services, and for the Company’s internal business purposes.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Websites or Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. The Company reserves the right to remove any User Content at its sole discretion. The Company takes no responsibility and assumes no liability for User Content you or any third party posts on or through the Websites or Services.

3. Terms of Sale: Digital Products

3.1. Product Descriptions (Safety Policies, Training Materials, Forms, etc.)

The Company strives to ensure that descriptions of Digital Products, including safety policies, training materials, and other forms, are as accurate as possible. However, the Company does not warrant that product descriptions or other content on the Websites are accurate, complete, reliable, current, or error-free. Information, software, products, and services available through Digital Products may include inaccuracies or typographical errors.

Specifically, Templates are provided for informational and guidance purposes only and are intended to be a starting point for your own safety program development. They require substantial customization and adaptation by you to suit your specific operational needs, industry, jurisdiction, and compliance requirements. A description disclaimer applies if the content of a Digital Product does not perfectly match its description due to the evolving nature of safety standards or minor updates. The visual quality of Digital Products when accessed may also depend on factors outside the Company’s control, such as your device and internet connection.

3.2. Orders and Payment

To purchase Digital Products, you will be required to provide valid payment information. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All prices for Digital Products are displayed in U.S. Dollars unless otherwise specified and are exclusive of applicable sales taxes, VAT, or other governmental taxes or fees, which you are responsible for paying.

Payment is typically due and payable before you will be granted access to download or use the Digital Product. The Company accepts payment methods as indicated on the eCommerce Website at the time of purchase. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.

3.3. Delivery of Digital Products (Access, Download, Format, Compatibility)

Upon successful processing of your payment, Digital Products will typically be made available to you for download via a link provided on the eCommerce Website after purchase, through your user account, or sent to the email address associated with your purchase. The Company will specify the file formats in which Digital Products are available (e.g., PDF, DOCX, PPT).

You are responsible for ensuring that your computer systems, software, and internet connectivity are compatible with the requirements for accessing and using the Digital Products. The Company may recommend specific software (e.g., Adobe Acrobat Reader, Microsoft Word/PowerPoint) for optimal use of the Digital Products but is not responsible for providing such software or for compatibility issues arising from your systems. While Digital Products may be compatible with certain devices and software at the time of purchase, future changes to the Digital Products or the software itself may lead to incompatibility, for which the Company is not responsible.

Download links for Digital Products may have time limits or a limited number of download attempts, which will be specified at the time of purchase or in the delivery communication. It is your responsibility to download and securely store your purchased Digital Products within the specified timeframe. Failure to download within this period may result in the link expiring, and while the Company may, at its discretion, provide a new link upon request, you are not automatically entitled to one. This practice encourages prompt download and also serves as a measure to manage server resources and indirectly support intellectual property control by limiting the indefinite availability of download links. The Company reserves the right to refuse access or cancel a download if you violate these Terms.

3.4. Intellectual Property Rights and License to Use Digital Products

• Ownership: All Digital Products, including all text, graphics, designs, layouts, content, and software incorporated therein, are the exclusive property of the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Your purchase of a Digital Product does not transfer any ownership rights in the Digital Product or its underlying intellectual property to you. You agree to observe and abide by all copyright and other proprietary notices or restrictions contained in or affixed to any Digital Product.
• Grant of License: Upon purchase, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, access, and use the purchased Digital Product(s) strictly for your own internal business purposes related to developing, implementing, and managing your organization’s safety program. This license is personal to you or your organization (if purchased on behalf of an organization) and is subject to full compliance with these Terms. The revocable nature of this license provides an enforcement mechanism; should you breach these terms, particularly those related to intellectual property use, the Company reserves the right to terminate your license to use the Digital Product.
• Restrictions on Use: The license granted is subject to the following restrictions. You shall not, and shall not permit any third party to:

• Resell, redistribute, lease, license, sublicense, or otherwise transfer the Digital Products, or any rights therein, to any other person or entity. The Company content is not for resale.
• Modify, adapt, translate, or create derivative works from the Digital Products for the purpose of resale, redistribution, or for creating a competing product or service. While you are expected and permitted to modify Templates for your internal operational use to develop your own safety policies and programs, you may not use the Templates or their structure to create new templates or documents for sale, public distribution, or for use by any third party. This distinction is critical: internal adaptation is necessary for the product’s intended function, but commercial exploitation of derivative works is strictly prohibited.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices affixed to or contained within the Digital Products.
• Use the Digital Products for any purpose other than your organization’s internal safety management, training, and compliance efforts.
• Make the Digital Products available on any public or private network or file-sharing service where they could be accessed by non-licensed users.

• Custom Policies vs. Templates: For Templates, it is reiterated that they are provided as a foundational resource requiring your significant input and customization. For Custom Policies developed by the Company for you, while the final document is tailored to your provided information, the underlying methodologies, structures, and any pre-existing template components used in their creation remain the intellectual property of the Company. The license granted for Custom Policies is for your organization’s internal use of the final customized document.
• Infringement: Any use of the Digital Products not expressly permitted by these Terms constitutes a breach of these Terms and an infringement of the Company’s intellectual property rights. In such an event, your license to use the Digital Product will be immediately revoked, and the Company reserves the right to pursue all available legal remedies.

3.5. Refund Policy for Digital Products

Due to the intangible nature of Digital Products and their immediate accessibility and consumability upon purchase (e.g., via download), all sales of Digital Products are final. The Company generally does not offer refunds or exchanges for Digital Products once they have been purchased and accessed or downloaded.

Exceptions to this policy may be considered in the sole discretion of the Company only in cases of:

• A verifiable technical failure on the part of the Company to deliver the purchased Digital Product.
• A substantial misrepresentation of the Digital Product’s content or functionality on the Websites, as determined by the Company.

To request a refund under these limited exceptions, you must contact the Company at within [e.g., 7 days] of purchase, providing your order details and a clear explanation of the issue. The Company will review the request and reserves the right to grant or deny any refund request in its sole discretion. The absence of a refund entitlement under most circumstances is a standard practice for digital goods, reflecting the impossibility of “returning” them in a traditional sense.

4. Terms of Service: Safety Consulting and In-Person Services

4.1. Scope of Services

The specific scope of consulting Services, deliverables, timelines, and fees will be detailed in a separate written document, such as a Statement of Work (“SOW”), proposal, or service agreement (“Service Agreement”), which will be provided to you by the Company and will require your acceptance prior to the commencement of Services. These Terms are incorporated by reference into any such SOW or Service Agreement.

Unless otherwise explicitly stated in the SOW or Service Agreement, the Company’s obligations for Services are limited to providing advice, guidance, assessments, and recommendations based on generally accepted safety consulting principles and practices, and on information readily discernible or provided by you. Services are advisory in nature, designed to assist you in your efforts to manage workplace safety. The Company does not assume any of your managerial functions or responsibilities for workplace safety.

4.2. Client Responsibilities and Cooperation

Your timely and effective cooperation is essential for the successful provision of Services by the Company. You agree to:

• Provide the Company with accurate, complete, and timely information, data, and documents relevant to the Services, including but not limited to previous safety reports, incident records, operational procedures, and site plans. The Company assumes no responsibility for consequences arising from information that was concealed, withheld, misrepresented, or not fully disclosed.
• Grant the Company’s personnel reasonable and safe access to your premises, facilities, equipment, and relevant personnel as necessary to perform the Services during your normal business hours or as otherwise mutually agreed.
• Ensure a safe working environment for the Company’s personnel while on your premises, in accordance with all applicable OSHA standards and your own safety policies. This includes informing the Company of any known site-specific hazards, hazardous materials, or conditions that Company personnel may encounter. This proactive disclosure of site-specific hazards by you is crucial for the safety of our consultants and is a reasonable expectation given your primary knowledge and control over your own worksite.
• Designate a knowledgeable and authorized representative to liaise with the Company, provide necessary approvals, and facilitate communication.
• Make timely decisions and provide approvals as required for the Company to perform the Services.
• If Services include the placement of Company personnel to supplement your safety staff, you remain responsible for providing adequate site-specific safety training, supervision, and direction to such personnel concerning your specific operations and hazards.

The Company’s ability to perform the Services is dependent on your fulfillment of these responsibilities. Delays or failures on your part to meet these obligations may result in delays in Service delivery, additional charges, or the Company’s inability to complete the Services, for which the Company shall not be liable. Making your cooperation an explicit condition for the Company’s performance provides a safeguard if service efficacy is hindered by your deficiencies, thereby reinforcing a shared responsibility for successful outcomes.

4.3. Fees, Payment Terms, and Expenses

Fees for Services will be as set forth in the applicable SOW or Service Agreement. Unless otherwise specified:

• Invoices will be issued.
• Payment is due in full within [e.g., 15 or 30] calendar days of the invoice date (“Due Date”).
• Late payments will be subject to an interest charge of [e.g., 1.5%] per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance from the Due Date until paid in full.
• You agree to reimburse the Company for all reasonable and pre-approved out-of-pocket expenses incurred in connection with the performance of Services, such as travel, accommodation, and materials, provided such expenses are documented and submitted in accordance with any agreed-upon expense policy.
• If you dispute any portion of an invoice, you must notify the Company in writing within [e.g., 10 days] of receipt of the invoice, detailing the basis for the dispute, and must promptly pay the undisputed portion.

4.4. Cancellation and Rescheduling Policy

If you need to cancel or reschedule a confirmed Service appointment or engagement, you must provide the Company with at least [e.g., 48 hours or 5 business days] written notice prior to the scheduled start time/date.

• Cancellations or rescheduling requests made with less than the required notice may be subject to a cancellation fee, which could be a percentage of the service fee for the scheduled engagement or a specific rebooking fee (e.g., 50% of the service fee, or a $250 rebooking fee), as determined by the Company and potentially outlined in the SOW/Service Agreement.
• If Company personnel arrive for a scheduled on-site Service and are unable to access the property, are turned away, or if key client personnel are unavailable without prior notice, this may be treated as a late cancellation, and applicable fees may be charged.
• The Company will make reasonable efforts to accommodate rescheduling requests, subject to availability.

This policy is necessary to compensate the Company for time reserved and potential loss of opportunity due to late changes in client schedules.

5. Crucial Disclaimers and Liability Limitations

This section outlines significant limitations on the Company’s responsibilities and liabilities. Your acceptance of these Terms signifies your understanding and agreement to these limitations, which form an essential basis of the agreement between you and the Company.

5.1. Disclaimer: No Guarantee of OSHA Compliance or Prevention of Fines

You acknowledge and agree that the Company’s Digital Products and Services are designed to assist you in your efforts to develop, implement, and manage your workplace safety programs and to understand relevant regulatory requirements. However, the Company DOES NOT GUARANTEE that your use of its Digital Products or Services will result in your organization being in full compliance with any or all requirements of OSHA, or any other federal, state, or local workplace safety laws, regulations, standards, or ordinances. Furthermore, the Company DOES NOT GUARANTEE that the use of its Digital Products or Services will prevent workplace incidents, injuries, illnesses, or fatalities, nor does it guarantee the prevention of citations, fines, or penalties from OSHA or any other regulatory agency.

The responsibility for understanding and complying with all applicable workplace safety laws and regulations, including but not limited to those promulgated by OSHA, rests solely and ultimately with you, the employer. Our Digital Products (particularly Templates) and Services are tools and guidance intended to support your compliance efforts, but they are not a substitute for your own due diligence, comprehensive safety program implementation, ongoing hazard assessment, employee training, record-keeping, and adherence to all legal obligations. Employers may utilize third-party assistance, but the employer retains ultimate accountability for the accuracy and adequacy of their safety programs and compliance documentation. Clients may mistakenly assume that purchasing safety templates or engaging safety consultants will “OSHA-proof” their operations; this disclaimer aggressively counters such assumptions by framing the Company’s offerings as aids, not absolute guarantees of compliance or immunity from regulatory action. This also reinforces your active and ongoing role in achieving and maintaining compliance, as OSHA itself outlines numerous employer-specific duties that cannot be fully delegated.

5.2. Disclaimer: Products and Services Not Definitive Professional Legal or Safety Advice

All Digital Products (including Templates and Training Materials) and Services (including consulting advice and recommendations) are provided for general informational, educational, and guidance purposes only. They are based on general safety principles, common interpretations of regulations, and industry practices, but they DO NOT CONSTITUTE PROFESSIONAL LEGAL ADVICE OR DEFINITIVE PROFESSIONAL SAFETY ADVICE applicable to every specific circumstance, hazard, or operational context of your organization.

The information and materials provided are not a substitute for consultation with qualified legal counsel regarding your specific legal obligations or with certified safety professionals who can assess your unique workplace conditions and provide tailored recommendations. You are solely responsible for seeking independent legal and professional safety advice as necessary to ensure that your safety programs, policies, and practices are appropriate for your specific industry, operations, location(s), and regulatory environment, and that they comply with all applicable laws. The Company’s offerings are resources to support your decision-making, not to make those decisions for you.

5.3. Disclaimer: Assumption of Risk and Responsibility for Use, Adaptation, and Implementation

You explicitly acknowledge and agree that you ASSUME ALL RISK AND RESPONSIBILITY for:

• The selection of any Digital Product or Service to achieve your intended results.
• The use, interpretation, adaptation, customization, and implementation of any information, Templates, Custom Policies, Training Materials, or advice provided by the Company through its Digital Products or Services. Consequently, you are solely liable for any and all outcomes, including but not limited to regulatory compliance, fines, or injuries, that may arise from your implementation and use of such content.
• Any actions taken, or not taken, based on the content of Digital Products or the guidance received through Services.
• The outcomes and consequences resulting from the implementation and enforcement (or lack thereof) of any safety policies, procedures, or programs developed using or with the assistance of the Company’s Digital Products or Services.

You are solely responsible for determining the suitability and adequacy of any Digital Product or Service for your specific needs and for correctly and effectively adapting, customizing (especially in the case of Templates), implementing, training employees on, and enforcing any resulting safety policies and procedures within your organization. You represent that you are not relying on any representation, statement, or promise of the Company regarding the ultimate suitability or guaranteed outcome of any Digital Product or Service for your particular circumstances, but rather on your own judgment, due diligence, and adaptation. This means that while the Company provides tools and expertise, the onus is on you to ensure these are correctly applied to your unique environment and that you bear the consequences of those application decisions.

5.4. Disclaimer: No Guarantee of Specific Results or Outcomes

The Company makes no representations, warranties, or guarantees, express or implied, regarding any specific results or outcomes from your use of its Digital Products or Services. This includes, but is not limited to, any guarantee of:

• Prevention of all workplace injuries, illnesses, incidents, accidents, or fatalities.
• A specific reduction in incident rates or workers’ compensation costs.
• Achievement of specific safety performance metrics or certifications.
• Successful passage of any regulatory inspection or audit without findings or citations.

Any results or outcomes depend on numerous factors beyond the Company’s direct control, including, but not limited to, your organization’s commitment to safety, the adequacy of resources allocated to safety, the diligence of your management and employees in following safety procedures, the proper and consistent implementation and enforcement of policies, the unique hazards present in your operational environment, and unforeseeable circumstances. Prior results achieved by other clients do not guarantee similar outcomes for you.

5.5. Disclaimer: “As Is” and “As Available”

UNLESS OTHERWISE EXPRESSLY AGREED IN A SIGNED WRITING BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY:

ALL DIGITAL PRODUCTS (INCLUDING BUT NOT LIMITED TO TEMPLATES, CUSTOM POLICIES, AND TRAINING MATERIALS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE DIGITAL PRODUCTS.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR EVALUATING AND CUSTOMIZING ANY TEMPLATE OR DIGITAL PRODUCT TO MEET YOUR SPECIFIC REQUIREMENTS AND THAT THE DIGITAL PRODUCT IS ACCEPTED IN ITS CURRENT STATE AT THE TIME OF PURCHASE/DOWNLOAD.

SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS FOR SAFETY CONSULTING. HOWEVER, THE COMPANY DOES NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL IDENTIFIED HAZARDS OR NON-COMPLIANCES WILL BE DISCOVERED OR REMEDIED. THE “AS AVAILABLE” NATURE OF SERVICES ACKNOWLEDGES THAT SCHEDULING AND RESOURCE AVAILABILITY MAY VARY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE DIGITAL PRODUCTS OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

5.6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, DIGITAL PRODUCTS, OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITES OR IN RELATION TO THE SERVICES;
• ANY CONTENT OBTAINED FROM THE WEBSITES, DIGITAL PRODUCTS, OR SERVICES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY WORKPLACE INJURY, ILLNESS, FATALITY, PROPERTY DAMAGE, REGULATORY FINE (INCLUDING OSHA FINES OR CITATIONS), OR PENALTY INCURRED BY YOU OR YOUR EMPLOYEES OR AGENTS, EVEN IF SUCH DAMAGES WERE ALLEGEDLY RELATED TO OR ARISING FROM YOUR USE OF THE COMPANY’S DIGITAL PRODUCTS OR SERVICES; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO ANY SPECIFIC DIGITAL PRODUCT PURCHASED OR SPECIFIC SERVICE ENGAGEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR THAT PARTICULAR DIGITAL PRODUCT OR THAT PARTICULAR SERVICE ENGAGEMENT GIVING RISE TO THE CLAIM WITHIN THE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS CAP IS MORE PRECISE AND DEFENSIBLE THAN A GENERIC LOW CAP AS IT TIES POTENTIAL LIABILITY DIRECTLY TO THE VALUE EXCHANGED FOR THE SPECIFIC ITEM OR SERVICE IN QUESTION, REFLECTING THE ECONOMIC REALITY OF THAT TRANSACTION AND INCREASING THE LIKELIHOOD OF BEING UPHELD AS REASONABLE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE COMPANY WOULD NOT PROVIDE THE DIGITAL PRODUCTS OR SERVICES WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The disclaimers and limitations of liability work in tandem. Disclaimers aim to prevent liability from arising (e.g., no guarantee of OSHA compliance). The Limitation of Liability clause serves as a crucial backstop: if liability is found despite the disclaimers, it contractually caps the financial exposure. This layered approach provides more comprehensive risk mitigation for the Company.

5.7. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms or your use of the Websites, Digital Products, or Services, including, but not limited to, any use of the Company’s Digital Product content, Services, and products other than as expressly authorized in these Terms.
• Your User Content, if applicable.
• Your selection, adaptation, implementation, or enforcement (or lack thereof) of any safety policies, procedures, or programs developed using or with the assistance of the Company’s Digital Products or Services.
• Your violation of any applicable law or regulation, including but not limited to OSHA regulations and any fines, citations, or penalties imposed thereunder.
• Any workplace incident, injury, illness, fatality, or property damage occurring at your workplace(s) or in connection with your operations, regardless of whether you allege that the Company’s Digital Products or Services were a contributing factor, unless such claims are determined by a final, non-appealable judgment of a court of competent jurisdiction to have been proximately caused solely by the gross negligence or willful misconduct of the Company.
• Any claim by a third party (including your employees) arising from your use or misuse of the Digital Products or Services.

This indemnification obligation includes the responsibility to pay for all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses incurred by the Company. The Company 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 the Company in asserting any available defenses. This indemnification clause is intended to be as broad as possible under applicable law.

6. Confidentiality

6.1. Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of the Company includes, but is not limited to, the non-public aspects of its Websites, the underlying content, structure, and methodology of its Digital Products (especially Templates and Custom Policies), its business and marketing plans, financial information, technical data, trade secrets, and know-how. Confidential Information of yours includes, but is not limited to, any non-public data or information you provide to the Company specifically for the development of Custom Policies or for the provision of Services, such as internal safety procedures, incident reports, or employee information, clearly marked or identified as confidential.

Confidential Information does not include information that: (i) is or becomes publicly known through no wrongful act of the Receiving Party; (ii) was in the Receiving Party’s lawful possession prior to the disclosure; (iii) is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

6.2. Protection of Confidential Information

Each party agrees to: (a) use the other party’s Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms ; (b) not disclose or divulge the other party’s Confidential Information to any third party without the Disclosing Party’s prior written consent, except as expressly permitted herein; and (c) protect the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own confidential information of like kind, but in no event less than reasonable care.

6.3. Permitted Disclosures

A Receiving Party may disclose Confidential Information of the Disclosing Party if required by law or by a valid order of a court or other governmental authority, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement (if legally permissible) and reasonable assistance, at the Disclosing Party’s expense, if the Disclosing Party wishes to contest the disclosure. Disclosure may also be made to the Receiving Party’s employees, contractors, and authorized agents who have a legitimate need to know such Confidential Information to fulfill obligations under these Terms and who are bound by confidentiality obligations at least as protective as those herein.

6.4. Return or Destruction of Confidential Information

Upon termination of these Terms or upon the Disclosing Party’s written request, the Receiving Party shall promptly return to the Disclosing Party or, at the Disclosing Party’s option, destroy all Confidential Information of the Disclosing Party in its possession or control, and certify such destruction in writing. However, the Receiving Party may retain one copy of Confidential Information as required by applicable law or for bona fide archival or record-keeping purposes, subject to ongoing confidentiality obligations.

6.5. Duration of Confidentiality

The obligations of confidentiality set forth herein shall survive the termination or expiration of these Terms for a period of [e.g., five (5) years] thereafter, or, with respect to information constituting a trade secret under applicable law, for as long as such information remains a trade secret.

7. Term and Termination

7.1. Term

These Terms commence on the date you first access the Websites, purchase a Digital Product, or engage a Service and shall continue in full force and effect while you use the Websites, Digital Products, or Services, unless earlier terminated as provided herein. The term for specific Services will be as set forth in the applicable SOW or Service Agreement. Licenses for purchased Digital Products are typically perpetual, subject to your ongoing compliance with these Terms and the specific license restrictions. Any subscription services, if offered, will be subject to the term, renewal, and cancellation provisions specified at the time of subscription.

7.2. Termination by Company

The Company reserves the right, in its sole discretion, to suspend or terminate your account and/or your access to the Websites, Digital Products, or Services, without prior notice and without liability, for any reason or no reason, including but not limited to:

• Your breach of any provision of these Terms, including non-payment of fees.
• Your engagement in any unlawful activity or conduct that the Company deems harmful to its business, reputation, or other users.
• Infringement of the Company’s intellectual property rights.
• If required by law or due to a change in applicable regulations.
• Discontinuation or material modification of the Websites, Digital Products, or Services.

7.3. Termination by Client

You may terminate your account (if applicable) or cease using the Websites, Digital Products, or Services at any time. Termination of specific Service engagements will be governed by the terms of the applicable SOW or Service Agreement, including any notice periods or early termination fees.

7.4. Effect of Termination

Upon termination of these Terms or any specific Service engagement:

• Your right to access and use the Websites, affected Digital Products (if license is revoked), or Services shall immediately cease.
• You shall promptly pay any outstanding fees owed to the Company up to the effective date of termination.
• The Company may, in its sole discretion, delete your account and any User Content associated with it, subject to its data retention policies and applicable law. For SaaS-like services or platforms where client data is stored, data may be deleted after a specified period following termination or non-renewal.
• The following provisions of these Terms shall survive termination: Section 1 (Introduction and Acceptance, Definitions), Section 3.4 (Intellectual Property Rights for Digital Products), Section 5 (Crucial Disclaimers and Liability Limitations), Section 6 (Confidentiality), Section 7.4 (Effect of Termination), Section 8 (Governing Law and Dispute Resolution), Section 9 (General Provisions), and any other provisions which by their nature should survive termination. No refunds will be provided upon termination unless expressly stated otherwise in these Terms or required by applicable law.

8. Governing Law and Dispute Resolution

8.1. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of. The strategic choice of governing law and venue is important, as laws vary by jurisdiction concerning contract interpretation and the enforceability of liability limitations. Selecting a jurisdiction with well-developed commercial law can provide greater predictability and support for the contractual terms agreed upon.

8.2. Dispute Resolution; Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in before one arbitrator. The arbitration shall be administered by pursuant to its. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

8.3. Waiver of Jury Trial and Class Action

BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (I) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

8.4. Exception for Intellectual Property Claims

Notwithstanding the foregoing, either party may bring an action in a court of competent jurisdiction for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

9. General Provisions

9.1. Entire Agreement

These Terms, together with our Privacy Policy and any applicable SOW or Service Agreement expressly incorporated by reference, constitute the sole and entire agreement between you and the Company with respect to the Websites, Digital Products, and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

9.2. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The intent is to provide as broad an interpretation as possible under law, and if any aspect is deemed unenforceable, the court is empowered to modify the provision to give the broadest possible interpretation permitted.

9.3. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

9.4. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. The Company may freely assign its rights and delegate its obligations under these Terms, in whole or in part, without notice to you.

9.5. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth below (or to such other address that may be designated by the receiving party from time to time in accordance with this section).

If to Company: Insure Compliance, Attn: Legal Department, [Insert Insure Compliance Physical Address], Email: [Insert Insure Compliance Legal/Notices Email Address via insurecompliance.net, e.g., legal@insurecompliance.net].

If to you: To the email address or physical address associated with your account or provided at the time of purchase/engagement.

Notices sent by email will be deemed received on the date of transmission if sent on a business day before 5:00 PM in the recipient’s local time, or on the next business day if sent after such time or on a non-business day. Notices sent by certified or registered mail, return receipt requested, postage prepaid, will be deemed received on the date of delivery shown on the receipt.

9.6. Force Majeure

Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the party impacted (each a “Force Majeure Event”). The party suffering a Force Majeure Event shall give prompt notice to the other party, stating the period of time the occurrence is expected to continue, and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

9.7. Relationship of Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party shall have any authority to bind the other party in any respect. The relationship between the Company and you is that of independent contractors.

9.8. No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms, except as may be explicitly stated with respect to indemnified parties.

9.9. Headings

The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

10. Contact Information

If you have any questions, comments, or concerns about these Terms and Conditions, or if you need to provide any notice to the Company, please contact us at:

Insure Compliance

Attn: Legal Department / Terms and Conditions Inquiry

4406 E Main St. STE 102-58 Mesa, AZ 85205

Email: info@insurecompliane.net

Websites: insurecompliance.net, insurecompliance.myclickfunnels.com

Your use of the Company’s Websites, Digital Products, and Services is conditioned upon your acceptance of these Terms. It is recommended that you print or save a copy of these Terms for your records.