Please review the End User License Agreement (EULA) below. You will be asked to accept this prior to purchase.

ExecutiveSafetyCoach.com, LLC

END USER LICENSE AGREEMENT (EULA)

IMPORTANT – READ CAREFULLY – NOTICE TO USERS. Please read this agreement carefully. Permission to Use training modules and/or templates and/or other downloads (“Product(s)”) is conditional upon you as the customer and licensee, reading and agreeing to the terms and conditions of the End-User License Agreement (“EULA”).
You will not be allowed access to the Product(s) until you have read and accepted all the terms and conditions of this EULA and wish to become the Licensee (“You”) of the Product. This EULA is a legal agreement between you as licensee and ExecutiveSafetyCoach.com, LLC. Acceptance shall bind you and all of your employees, subcontractors and other authorized agents and representatives to the terms of the EULA.
Your act of clicking on the “I ACCEPT” button, before the “NEXT” button at the bottom of the screen, will indicate that you have read and accept the terms and conditions of the EULA and you will become a licensee of the Product(s), and the EULA will become a legally binding agreement. Please print a copy for your records.
If you do not wish to accept the terms and conditions of the EULA, DO NOT CLICK on the “I ACCEPT” button and you will not be granted access to the Product.

1.0 Grant of License
1.1 ExecutiveSafetyCoach.com, LLC has agreed to grant you a license to use its Product(s) pursuant to the EULA and the terms and conditions set out below.

1.2 ExecutiveSafetyCoach.com, LLC grants to you a non-exclusive, non-transferable, temporary and revocable license to:
(a) Access the Product(s) by following acceptance of the terms and conditions in this EULA;
(b) Download purchased Product(s) via the Internet following purchase for up to 90 days following date of purchase;
(c) Use purchased Product(s) only at the single business address of the purchasing individual, unless a multi-site license has been purchased.
(d) Use the Product strictly in accordance with the provisions of this EULA.

2.0 License Fee
2.1 Where a license fee is payable by you in respect to the Product(s), you are not entitled to the Product(s) until the license fee has been paid. In the case of payment by credit card, payment will not be deemed complete until the credit card payment has been authorized by the billing provider.

2.2 The payment of a license fee does not entitle you to receive any technical support services from ExecutiveSafetyCoach.com, LLC for optimizing, troubleshooting or otherwise assisting with problems in displaying the Product(s) on your computer(s), nor with consulting or application of the Product(s) to your operations or business situation. Additional assistance and consulting may be separately arranged on a separate fee basis by contacting ExecutiveSafetyCoach.com, LLC.

3.0 Obligations and Restrictions on Use of the Product
3.1 Except to the extent otherwise expressly permitted hereunder or otherwise by the owner of the relevant rights in or to the Product(s) concerned, and without limitation, the following obligations and restrictions shall apply to your use of the Product(s):
a) You agree to provide unrestricted permission to ExecutiveSafetyCoach.com, LLC to monitor access to the Product by you and your employees, contractors, or other authorized representatives though the Internet for the purposes of solely determining usage against that purchased;
b) You may not copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, or modify the Product by any means in any other form, except as expressly authorized by this agreement or except as expressly authorized in writing by ExecutiveSafetyCoach.com;
c) You will ensure your employees, subcontractors and other agents and representatives who access the Product are made aware of the terms and conditions of this license agreement;
d) You will supervise the controlled access and use of the Product in accordance with the terms and conditions of this license;
e) You will not provide or otherwise make available the Product in any form to any person other than those referred to in paragraph (b) without the written consent of ExecutiveSafetyCoach.com;
f) You will not give, lease, assign, license, sub-lease, transfer, distribute, disclose, disseminate, or publish the Product in any form to any person or attempt to do any of these acts;
g) You will not alter, change, remove or obscure any notices or other indications (including copyright notices) as to the ownership of the Product;
h) You will not engage in any acts which infringe on ExecutiveSafeyCoach.com rights, including intellectual property rights to the Product; and
i) You acknowledge that the license granted by Clause 1.0 does not make you the owner of the Product nor does it cause any transfer or assignment of any copyright or any of the intellectual property rights subsisting in the Product to you.

4.0 Exclusion of Warranties
4.1 As a licensee you hereby acknowledge the following with respect to warranties:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE PRODUCT AT YOUR OWN SOLE RISK. THE PRODUCT IS BEING PROVIDED “AS IS” AND WITHOUT WARRANTY, TERMS OF CONDITION OF ANY KIND, AND EXECUTIVESAFETYCOACH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE.
NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY EXECUTIVESAFETYCOACH.COM SHALL CREATE ANY WARRANTY, TERM, OR CONDITION WITH RESPECT TO THE PRODUCT OR OTHERWISE. IN ADDITION YOU ACKNOWLEDGE THAT SAFETY, HEALTH AND ENVIRONMENTAL PERFORMANCE IS DEPENDENT ON MANY FACTORS AND THAT USE OF THIS PRODUCT DOES NOT IMPLY ANY GUARANTEE, OBLIGATION, OR WARRANTY OF IMPROVED SAFETY, AND/OR ENVIRONMENTAL PROCESSES, PERFORMANCE, OR RESULTS BY EXECUTIVESAFETYCOACH.COM

5.0 Limitation of Liability
5.1 As a licensee you hereby acknowledge the following with respect to limitation of liability:
NO EXECUTIVESAFETYCOACH.COM PARTY SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO THIS EULA OR YOUR USE OF THE PRODUCT (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER’S TIME)IN ANY CASE, THE ENTIRE LIABILITY OF EXECUTIVE SAFETYCOACH.COM UNDER THE PROVISIONS OF THIS EULA SHALL BE LIMITED TO FIVE US DOLLARS (US$5.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN INSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS ARTICLE WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT THE APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY DESPITE THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION.

6.0 Limit of Liability
6.1 UNDER NO CIRCUMSTANCES WILL EXECUTIVESAFETYCOACH.COM BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS, DAMAGE OR INJURY, WHATSOEVER, ARISING FROM THE SUPPLY OF OR USE OF THE PRODUCT.

7.0 Indemnity
7.1 You shall defend and hold ExecutiveSafetyCoach.com harmless from and against all liabilities, damages, costs, expenses or losses arising out of your use of the Product, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provisions of this EULA.

8.0 Copyright and Trademarks
8.1 You acknowledge that the Product(s) are the subject of copyright, you therefore shall not at any time during or after expiration or termination of this license permit any act which will infringe that copyright and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the Product, except as otherwise specifically authorized by ExecutiveSafetyCoach.com, LLC.

8.2 You shall not during or at any time after the expiration or termination of the license permit any act which infringes on Trademarks used in conjunction with the Product.

8.3 You shall indemnify ExecutiveSafetyCoach.com, LLC its owners and successors fully against all liabilities, costs, and expenses which that may be incurred by a third party as a result of your breach of the copyright and trademark provisions with respect to this EULA.

9.0 Terms of License
9.1 This license commences upon payment of the license fee(as defined in Paragraph 2.1).
9.2 This license may be terminated by ExecutiveSafetyCoach.com if you:
(a) fail to comply with and/or breach any provision of this EULA;
(b) if you, file a voluntary petition or are subject to any involuntary petition under applicable bankruptcy laws, are declared insolvent, make an assignment for the benefit of creditors, or are served with a writ of attachment, writ of execution, garnishment or other legal process pertaining to any of your assets or property.
(c) if you, being a partnership begin dissolution proceedings.

9.3 Termination pursuant to this clause shall not affect any rights or remedies which ExecutiveSafetyCoach.com may have otherwise under this license or the law.

10.0 Assignment
The benefit of this agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing, or otherwise) without the express written permission of ExecutiveSafetyCoach.com.

11.0 Governing Law
The validity, interpretation and legal effect of this EULA shall be governed by and construed in accordance with, the laws of the State of Michigan.

12.0 General
If any provision of this EULA is subsequently held to be invalid or unenforceable by any court or other authority, such invalidity, or unenforceability shall in no way affect the validity or enforceability of any other provision of this EULA. This EULA shall be binding upon your authorized successors and assignees. Neither party’s waiver of any breach or failure to enforce any of the provisions of this EULA at any time shall in any way affect, limit or waive such party’s right thereafter to enforce and compel strict compliance with ever other provision of this EULA.

If you have any questions or require clarification of any terms and conditions of this End-User License Agreement (“EULA”), please contact ExecutiveSafetyCoach.com, LLC through the contact information provided on the Internet.