Terms and Conditions

Acceptance of Terms

By accessing, browsing, registering for an account, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. These Terms constitute a binding agreement between you and us. Your use of the Site signifies your manifestation of assent to these Terms. Courts recognize that such assent can be established through conduct, such as using a website, provided the user has reasonable notice of the terms to which they are agreeing.

If you do not agree to these Terms, you must not access or use the Site. The enforceability of online agreements often depends on whether the website provides reasonably conspicuous notice of its terms and the user takes an action that unambiguously manifests assent. Continued use of the Site following any updates to these Terms will constitute your acceptance of such changes.

Eligibility and Permitted Use

The Site is intended for use by individuals who are at least 18 years of age or the age of legal majority in their jurisdiction. By using the Site, you represent and warrant that you meet this age requirement. The services offered on this Site are intended for access and use within the continental United States.

You are granted a limited, non-exclusive, revocable license to access and use the Site for your personal, informational, and non-commercial purposes, consistent with the intended functionality of the services we provide. Use of the Site for any illegal purpose, or in any manner that could damage, disable, or impair the Site, is strictly prohibited.

Accounts, Security, and User Responsibilities

Certain features of the Site may require you to register for a user account. When you create an account, you agree to provide information that is accurate, complete, and current at all times. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to notify us immediately at support@workzonesafe.com upon becoming aware of any breach of security or unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations. You are responsible for any and all use of your account, whether authorized by you or not.

Prohibited Conduct

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You shall not, and shall not permit any third party to:

• Engage in any activity that violates any federal, state, local, or international law or regulation.
• Transmit or upload any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any party.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation, in potential violation of applicable laws such as California Business & Professions Code § 17529.

Intellectual Property and License

The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Work Zone Safe, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Work Zone Safe name, the workzonesafe.com name, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Work Zone Safe or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and make personal, non-commercial use of the Site. This license does not include any right to modify, reproduce, distribute, create derivative works from, publicly display, or otherwise exploit any content on the Site, in whole or in part, except as expressly permitted.

User Content and Submissions

The Site may permit you to post, upload, publish, submit, or transmit content, such as reviews, comments, messages, or other materials ("User Content"). By making any User Content available through the Site, you hereby grant to Work Zone Safe a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, and irrevocable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Site and its services.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by us on or through the Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We reserve the right, in our sole discretion, to remove or edit any User Content without notice.

Products, Services, and Informational Disclaimer

The Site provides information, resources, training materials, and products related to workplace and public safety in and around work zones (the "Services"). All content, including articles, guides, and recommendations, is provided for general informational purposes only. It is not intended to constitute professional advice, including but not limited to legal, engineering, or certified safety instruction, and should not be relied upon as such.

The information provided is not a substitute for consultation with qualified professionals. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We reserve the right to withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion without notice.

Disclaimers of Warranties

THE SITE AND ITS CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WORK ZONE SAFE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WORK ZONE SAFE NOR ANY PERSON ASSOCIATED WITH WORK ZONE SAFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORK ZONE SAFE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WORK ZONE SAFE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO WORK ZONE SAFE IN THE LAST SIX (6) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless Work Zone Safe, 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 Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Termination and Suspension

We may, in our sole discretion, terminate or suspend your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation, any violation of these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your account at any time by contacting us at support@workzonesafe.com or by using any account deletion feature we may provide.

Governing Law and Dispute Resolution

These Terms and all matters arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles.

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 Oklahoma, United States before one arbitrator. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules. 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.

YOU AND WORK ZONE SAFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

BY AGREEING TO THESE TERMS, YOU AND WORK ZONE SAFE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. The enforceability of an arbitration clause is contingent on an express and unequivocal agreement to arbitrate.

Changes to the Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If we make material changes to these Terms, we will provide notice by posting the updated Terms on the Site and revising the "Effective" date at the top of this page. We may also provide notice through the Site’s user interface or by sending an email to the address associated with your account. Your continued access to or use of the Site after the effective date of such changes will constitute your acceptance of the amended Terms. It is your responsibility to review these Terms periodically for changes.

Contact Information and Notices

All notices, requests, questions, comments, and other communications regarding these Terms or the Site should be directed to us by email at support@workzonesafe.com.

Severability, Waiver, and Entire Agreement

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.

No waiver by Work Zone Safe 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. Any failure of Work Zone Safe to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy, constitute the sole and entire agreement between you and Work Zone Safe with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.