Terms & Conditions
AWP Safety® Website Terms and Conditions
Thank you for visiting the AWP Safety® website located at www.awpsafety.com (the “Site”). The Site is an Internet property of AWP, Inc. d/b/a AWP Safety (collectively, “AWP Safety®” “we,” “our” or “us”). The following AWP Safety® Website Terms and Conditions (“Terms and Conditions”) are inclusive of the AWP Safety® Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) text, audio, video, photographs, graphics, artwork, customer testimonials (“Testimonials”) and/or other content featured on the Site (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) accesses links to AWP Safety’s® social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram®, LinkedIn® and YouTube® (“Social Media Websites”); (d) purchases any AWP Safety®: (i) traffic control services, safety and training services, consulting services and/or traffic management services (collectively, “AWP Safety® Traffic and Safety Services”); and/or (ii) equipment and/or merchandise featured on the Site (collectively, “AWP Safety® Merchandise,” and together with the AWP Safety® Traffic and Safety Services, the “AWP Safety® Products and Services”); (e) obtains
information regarding and/or submits information in connection with employment and/or internship opportunities with AWP Safety® (“Career Opportunities”); (f) registers to receive the AWP Safety® newsletter (“Newsletter”); and/or (g) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, AWP Safety® (collectively, the “Contact Services,” and together with the Site, Testimonials, Content, Social Media Pages, AWP Safety® Products and Services, Career Opportunities and Newsletter, the “AWP® Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE AWP® OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND RELEASES FOR AWP SAFETY®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY MERCHANDISE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF SUCH PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Instagram® and Facebook® are registered trademarks of Meta Platforms, Inc. (“Meta”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that AWP Safety® is not in any way affiliated with Meta, LinkedIn or Google, nor are the AWP® Offerings endorsed, administered or sponsored by Meta, LinkedIn or Google.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and AWP Safety® with respect to users’ use of the AWP® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the AWP® Offerings. By your continued use of the AWP® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions
contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
2. Requirements; Termination of Access to the AWP® Offerings; Necessary Equipment. The AWP® Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence); (b) can enter into legally binding contracts under applicable law; and (c) are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). The AWP® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdictions of residence), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the AWP® Offerings.
To the extent permitted by applicable law, AWP Safety® may terminate your right to access the AWP® Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the AWP® Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the AWP® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the AWP® Offerings. AWP Safety® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. AWP Safety® does not guarantee that the AWP® Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the AWP® Offerings through your wireless device. You are fully responsible for all such charges and AWP Safety® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Registration Forms. In order to purchase AWP Safety® Products and Services, register for the Newsletter, utilize the Contact Services and/or utilize certain other Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) full name/Entity’s name; (b) mailing/billing address/Entity’s mailing/billing address; (c) e-mail address; (d) telephone number/Entity’s telephone number; (e) information pertaining to Client Locations (as defined below) and associated work schedules; (f) credit/debit card information (where purchasing AWP Safety® Products and Services); (g) job experience,
education information and resume (where applying for a Career Opportunity); and/or (h) any other information requested by us on the applicable registration Form (collectively, “Registration Data”).
You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
AWP Safety’s® use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
4. Purchasing AWP Safety® Products and Services. You can purchase AWP Safety® Products and Services by and through the Site by completing the applicable Form and providing the requisite Registration Data.
Purchases: Where you purchase AWP Safety® Products and Services, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form (or update at a later date) will be charged the amount listed on the Site (or as otherwise communicated to you by AWP Safety® personnel) for the subject AWP Safety® Products and Services, plus any applicable sales tax and shipping and handling charges. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
General Billing Terms: The fees associated with your purchases will appear on your Payment Method statement through the identifiers “AWP Safety,” “American Solutions” or “ASBACES,” as applicable. All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the applicable AWP Safety® Products and Services does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of AWP Safety® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), AWP Safety® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of AWP Safety® Products and Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Electronic Signatures: AWP Safety’s® authorization to provide and bill for the AWP Safety® Products and Services is obtained through your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. AWP Safety’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE AWP® OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
Incorrect Price Listings: In the event that any AWP Safety® Products and Services are listed at an incorrect price point due to a typographical error or technical issue, AWP Safety® shall have the right to refuse or cancel any orders placed for the subject AWP Safety® Products and Services so listed at the incorrect price. AWP Safety® shall have the right to limit the number of AWP Safety® Products and Services purchased through the Site. AWP Safety® shall have the right to refuse or cancel any order whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is canceled, AWP Safety® shall immediately issue a credit to your Payment Method account in the amount of the charge.
5. AWP Safety® Products and Services.
General Terms. The AWP Safety® Products and Services remain, at all times, subject to the disclaimers contained herein and on the Site. AWP Safety® attempts to be as accurate as possible when describing the AWP Safety® Products and Services. However, AWP Safety® does not warrant that the AWP Safety® Product descriptions (or other Content contained on the Site) are accurate, complete, reliable, current or error-
free. If the AWP Safety® Products and Services offered on the Site are not as described, your sole remedy is to return the AWP Safety® Products and Services.
AWP Safety® Merchandise. We have made every effort to display as accurately as possible the colors of the AWP Safety® Merchandise that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
The Site contains AWP Safety® Merchandise inventory information. This information can be used to estimate the likelihood that the applicable AWP Safety® Merchandise will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that AWP Safety® Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, AWP Safety® Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered AWP Safety® Merchandise is no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
AWP Safety® Traffic and Safety Services. While AWP Safety® endeavors to provide its AWP Safety® Traffic and Safety Services utilizing industry best safety practices, you acknowledge and agree that: (a) no traffic safety site (“Client Location”) can be made to be risk free; and (b) Client Locations that require traffic safety mitigation, including the AWP Safety® Traffic and Safety Services, create an inherent risk of accidents that
could lead to serious injury including, without limitation, physical, emotional or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. In light of the foregoing, and except to the extent directly caused by the gross negligence or willful misconduct of AWP Safety® Personnel, you acknowledge and agree AWP Safety® shall not be liable in any way, under any theory, for any injury to you, any individual performing services at a Client Location and/or any third-party, and/or any loss or damage, of any nature or kind, to any personal property (including damage to the Client Location itself) caused by: (a) AWP Safety® personnel in the performance of the AWP Safety® Traffic and Safety Services; (b) you or any of your employees, agents or other personnel (collectively, “Client Personnel”); (c) any third party; and/or (d) any other circumstances of any nature or kind.
Without limiting the foregoing, you agree to immediately inform AWP Safety®, now and throughout the duration of the performance of any AWP Safety® Traffic and Safety Services, of any risks, issues, threats or situations which might pose a hazard to Client Personnel, AWP Safety® personnel or any third party at any applicable Client Location (collectively, “Covered Persons”). You further agree, and shall require that your Client Personnel agree, to cooperate with the reasonable safety and security recommendations provided by AWP Safety® personnel and that you will not unreasonably expose any Covered Persons to, or precipitate conditions which present an immediate threat of injury or harm to, any Covered Persons. You shall assume all risks attendant to, arising out of, or in connection with any failure or refusal to follow the reasonable advice and/or recommendations of AWP Safety® personnel, whether or not the risk of such failure or refusal is known or foreseeable.
You hereby release and hold AWP Safety® and its Covered Parties harmless from and against any liability, loss, damage, claims or injuries to any Client Personnel and/or any Covered Person(s) which may arise out of or in connection with: (i) the failure or refusal of any Client Personnel to fully cooperate with the reasonable safety and security recommendations provided by AWP Safety® personnel; and/or (ii) the negligent or intentional acts or omissions any Client Personnel. You hereby extend express authorization for performance of any and all actions that are deemed reasonably necessary by AWP Safety® personnel to protect the safety of any Covered Persons.
6. AWP Safety® Merchandise Return Policy. If, for any reason, you are dissatisfied with the AWP Safety® Merchandise purchase you made through the Site, you may return the AWP Safety® Merchandise within thirty (30) days for a full refund, less shipping and handling; provided, however, that: (a) we will only accept returns of AWP Safety® Merchandise purchased through the Site; (b) we will not accept returns of AWP Safety® Merchandise that has been used and/or worn, as applicable; and (c) we will not accept returns of AWP Safety® Merchandise purchased in connection with a promotional event. If you have any questions, please contact us at: info@awpsafety.com.
7. Content. The Site contains Content which includes, but is not limited to, Testimonials, text, audio, video, photographs, graphics, artwork and other information about AWP Safety® and/or the AWP Safety® Products and Services. The Content is compiled, distributed and displayed by AWP Safety®, as well as third-party content providers (collectively, “Third-Party Providers”). AWP Safety® does not control the Content provided
by Third-Party Providers that is made available by and through the AWP® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the AWP® Offerings is solely at your own risk. AWP Safety®
does not represent or warrant that the Content and/or other information posted by and through the AWP® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that AWP Safety® will not be responsible for, and AWP Safety® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that AWP Safety® shall have no obligation and incur no liability
to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and otherwise on the Site.
8. Testimonials.
(a) From time-to-time AWP Safety® may solicit and/or accept customer Testimonials through the Site, or through other media/venues. We have no obligation to police or otherwise screen Testimonials; provided that, we may accept or reject Testimonials (and remove any Testimonial previously published) for any reason, in our sole discretion. We do not endorse any Testimonials and Testimonials do not necessarily
represent our opinions or views.
(b) By sending us your Testimonial, you irrevocably grant AWP Safety® the right to use the Testimonial in any and all forms of marketing and promotional material including, without limitation, website publications, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as extracts and reproductions of any portion thereof, and for any and all other uses. If you submit a Testimonial, you acknowledge and agree that you are not: (i) an employee, officer or director of AWP Safety®; (ii) an immediate family member of an employee, officer or director of AWP Safety®; or (iii) living in the same household with an employee, officer or director of AWP Safety®. You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval and AWP Safety® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from publication of the Testimonial. You expressly release AWP Safety® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that AWP Safety® shall not be liable for any causes of action or claims related to your decision to
provide the Testimonial to AWP Safety®.
(c) Where you receive free AWP Safety® Products and Services and/or any other form of compensation in connection with submitting a Testimonial, you shall ensure that, at all times, you fully comply with: (i) the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (collectively, the “FTC Guidelines”); (ii) the FTC’s Disclosures 101 for Social Media Influencers; (iii) the FTC’s Do’s and Don’ts for Social Media Influencers; and (iv) the FTC’s Do you endorse things on social media? (collectively, the “Endorsement Guides”). Without limiting your obligations to comply with the Endorsement Guides, you must clearly and conspicuously disclose your “material connection” with AWP Safety®, using simple and clear language, and that you have received financial compensation and/or free AWP Safety® Products and Services, as applicable, in connection with submitting a Testimonial.
(d) You agree that you are solely responsible for the content of your Testimonial(s). You certify to AWP Safety® that everything contained in the Testimonial(s) is true and an expression of your personal belief. You acknowledge and agree that at no time did AWP Safety® provide you with any consultation, advice or guidance with respect to the substance of the Testimonial(s). You agree to comply with all applicable laws and regulations in connection with your Testimonial(s). You may not post a Testimonial if you, or a member of your household, is employed by a competitor of AWP Safety®. You may not organize a campaign or otherwise encourage others to post a Testimonial, whether positive or negative.
(e) Without limiting the foregoing, you agree not to: (i) display any confidential information of any third party; (ii) include any text containing confidential information of any third party; (iii) include any text that may be deemed indecent, offensive, harmful or obscene in your community, as defined under applicable law; (iv) include any text that may be deemed libelous, defamatory, false or misleading; (v) include any text that may be deemed hate speech and/or material that discriminates on the basis of race, ethnicity, gender, age, disability, religion, marital status or sexual orientation; (vi) impersonate any person or entity; (vii) “stalk” or otherwise harass any person; (viii) express or imply that any statements you make are endorsed by AWP Safety®; and/or (ix) include any copyrighted material, trademarks or other proprietary information of any third party without obtaining the prior consent of the owner of such proprietary rights. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement.
9. Social Media Pages. The Site contains links to the various AWP Safety® Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that AWP Safety® shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
10. Representations and Warranties. Each user hereby represents and warrants to AWP Safety® as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the AWP® Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
11. Indemnification. Each user agrees to indemnify, defend and hold AWP Safety®, its shareholders, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third parties; (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; (c) the act and/or omission of any of that user’s Client Personnel; and/or (d) that user’s unauthorized and/or improper use of the AWP® Offerings. The provisions of this Section 11 are for the benefit of AWP Safety®, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
12. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the AWP® Offerings. AWP Safety® may terminate this license at any time for any reason. Unless otherwise expressly authorized by AWP Safety®, users may only use the AWP® Offerings for their own personal, non-commercial use. No part of the AWP® Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the AWP® Offerings except as expressly permitted by AWP Safety®. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the AWP® Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the AWP® Offerings. No user or other third party may use the AWP® Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the AWP® Offerings for any commercial purposes not expressly permitted by AWP Safety®. Each user further agrees to indemnify and hold AWP Safety® harmless for that user’s failure to comply with this Section 12. AWP Safety® reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights. The AWP® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the AWP® Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the AWP® Offerings. The posting of information or material by and through the AWP® Offerings does not constitute a waiver of any right in or to such information and/or materials. The “AWP” and “AWP Safety” names and logos, and all associated graphics, icons and service names, are registered trademarks of AWP, Inc. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
14. Career Opportunities. By and through the Site, AWP Safety® may provide users with an opportunity to access information regarding, and submit resumes in connection with, internship and employment opportunities available with AWP Safety®. Any internship and/or employment with AWP Safety® shall at all times remain subject to a separate agreement to be negotiated and entered into between AWP Safety® and the applicable prospective intern/employee. AWP SAFETY® RESERVES THE RIGHT TO REJECT ANY INTERNSHIP/EMPLOYMENT APPLICATION FOR ANY REASON, IN ITS SOLE AND ABSOLUTE DISCRETION. You understand and agree that AWP Safety® shall not be liable to you or any third- party for any claim in connection with your inability to obtain an internship and/or employment with AWP Safety®.
15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the AWP® Offerings is a violation of criminal and civil law and AWP Safety® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Disclaimer of Warranties. THE AWP® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AWP SAFETY® MAKES NO WARRANTY THAT THE AWP® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENSURE THE SAFETY AND WELL-BEING, FREE FROM INJURY, OF ALL COVERED PERSONS AT A CLIENT LOCATION; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE AWP® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AWP SAFETY® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE AWP® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM AWP SAFETY® OR OTHERWISE THROUGH OR FROM THE AWP® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT AWP SAFETY® SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AWP SAFETY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE AWP® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE AWP® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY
USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE, OR OTHER AWP® OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) ANY PHYSICAL, MENTAL AND/OR ECONOMIC INJURY SUFFERED AT A CLIENT LOCATION BY ANY COVERED PERSON(S); AND/OR (F) ANY OTHER MATTER RELATING TO THE AWP® OFFERINGS AND ANY OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES AWP SAFETY® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF AWP SAFETY® TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AWP® OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR AWP SAFETY® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND AWP SAFETY®. ACCESS TO THE AWP® OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF AWP SAFETY® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Third Party Websites. The AWP® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. AWP Safety® does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by AWP Safety® of the applicable website or any association with the website’s operators. Because AWP Safety® has no control over such websites and/or resources, each user agrees that AWP Safety® is not responsible or liable for the availability or operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that AWP Safety® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
19. Editing, Deleting and Modification. AWP Safety® reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.
20. Use of Registration Data. All material submitted by users through or in association with the AWP® Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). In the event that any suit, action or other legal proceeding shall be instituted against any user or AWP Safety® (each a “Party” and collectively, the “Parties”) in connection with the Agreement and/or AWP Safety® Offerings, each Party hereby submits to the jurisdiction of either the United States District Court for the Southern District of New York or any New York State Court of competent jurisdiction, located in New York County, and further agrees to comply with all the requirements necessary to give such court jurisdiction. If any litigation, action or other proceeding is threatened and/or commenced between the Parties or their personal representatives arising out of, concerning and/or related to any provision of the Agreement and/or the AWP Safety® Offerings, or the assertion and/or protection of any issue, interest, right and/or duty of any person in relation thereto, whether or
not litigation is actually initiated, the prevailing Party shall be entitled to recover from the non-prevailing or defaulting Party, in addition to other relief as may be granted, its reasonable attorneys’ fees in either prosecuting and/or defending such threat, actual litigation, mediation and/or settlement efforts including, but not limited to, pre-litigation, litigation, trial, post judgment collection, appellate and bankruptcy-related legal
fees and costs.
22. Miscellaneous. To the extent that anything in or associated with the AWP® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. AWP Safety’s® failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. AWP Safety® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
23. Contact Us. If you have any questions about the Agreement, AWP® Offerings or the practices of AWP Safety®, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: info@awpsafety.com; call us at: (800) 343-2650; or send us U.S. Mail to: AWP Safety, 4244 Mt. Pleasant St. NW., North Canton, OH 44720.
