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ENROLLMENT QUESTIONAIRE
   
License Agreement:

TARGETSAFETY.COM, INC. TERMS OF LICENSE AGREEMENT

TARGETSAFETY.COM, INC. ("TSC") WILL PROVIDE SERVICES, COURSE CONTENT, AND LIMITED SUPPORT PROVIDED BY TSC (COLLECTIVELY "CONTENT AND SERVICES") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITION CONTAINED IN THIS LICENSE AGREEMENT. WORKPLACE SAFETY IS YOUR RESPONSIBILITY. THAT DUTY CAN NOT BE DELEGATED AND TSC ACCEPTS NO DELEGATION OF THAT DUTY. TSC WILL ASSIST YOU BY PROVIDING SPECIFIC SERVICES FOR WHICH YOU HAVE CONTRACTED. ALL WARRANTIES ARE DEFINED IN THIS LICENSE AGREEMENT AND TSC UNDERTAKES NO OBLIGATIONS OTHER THAN THOSE SET OUT IN THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE USING ANY CONTENT AND SERVICES. BY USING SAFETY TRAINING SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THIS ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLOSE YOUR BROWSER AND CONTINUE NO FURTHER.

1. LICENSE TO USE. TSC grants you a non-exclusive and non-transferable license for individual use of the Content and Services provided by TSC.

2. RESTRICTIONS. Content and Services are proprietary and copyrighted. Title and ownership rights to Content and Services, and all associated intellectual property, is retained by TSC. You may not make copies of Content and Services, other than the completion certificate. You may not modify, decompile, or reverse engineer any Content and Services. No right, title or interest in or to any trademark, service mark, logo or trade name of TSC or its licensor is granted under this Agreement.

3. LIMITED WARRANTY. TSC warrants that the services provided to you by it hereunder shall be performed in a competent manner, consistent with applicable industry standards. No other guarantee, representation or warranties, express or implied, is included or intended to be included in respect of the services provided hereunder by TSC. Furthermore, no guarantee is made as to the efficacy or value of any services performed or Content and Services provided by TSC. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY TSC CONCERNING THE CONTENT AND SERVICES. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.

4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TSC OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE CONTENT AND SERVICES, EVEN IF TSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will TSC's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Content and Services under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6. TERMINATION. The subscription license period will have a term of twelve months (12) from the date of purchase unless otherwise specified. After that period, the safety training services will terminate unless TSC grants a license renewal to you. In the event that the subscription has terminated, the perpetuity of these terms of license agreement shall carry on indefinitely without termination.

7. INCONSISTENT TERMS. If this Agreement is inconsistent with any verbal or written agreements between the parties, this Agreement shall control.

8. PAYMENTS AND LATE PAYMENT FEES FOR LICENSES PURCHASED ONLINE. If you purchased your license fee on line and an invoice was displayed at the time of registration, then you agree to pay any applicable license fees to TSC in a timely manner. Total payment must be received by TSC within 30 days of granting a license to use TSC's Content and Services. After 45 days TSC has the right to charge you an additional late fee of $15.00 and you agree to pay such fee. After 60 days TSC has the right to assign your account to a collection agency and a collection penalty of $75.00 will be assessed to you and you agree to pay such assessment. IF YOU DO NOT AGREE TO ALL THESE LATE FEES AND PENALTIES, CLOSE YOUR BROWSER AND CONTINUE NO FURTHER.

9. EXPORT REGULATIONS. All Content and Services and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Content and Services are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime Contractors or subcontractor (at any tier), then the Government's rights in Content and Services and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

11. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of California, without regard to the principles of conflicts of law.

12. SEVERABILITY. Should any part of this Agreement for any reason be declared invalid, such invalidity shall not affect the validity of any remaining provisions hereof, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated. It is hereby declared the agreement of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may, for any reason, be hereafter declared invalid.

13. FORCE MAJEURE. TSC shall not be responsible for delays or failures (including any delay by TSC to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of contractors or third parties.

14. TSC RESPONSIBILITY. TSC's sole responsibility for any claim arising out of or relating to this Agreement will be for TSC, upon receipt of written notice from you, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which TSC is alleged to be at fault, or (ii) return to you the fees paid by you to TSC for the particular service provided that gives rise to the claim. Under no circumstances shall TSC be responsible for any consequential or special damages to you and you hereby waive any claim therefore.

FOR INQUIRIES PLEASE CONTACT:

TARGETSAFETY.COM, INC. 10815 Rancho Bernardo Road, Suite 250, San Diego, California 92127-2188
 
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