The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • All notices from Global Collaboration Partners LLC d/b/a MySafetyClass.com to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to MySafetyClass.com shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 

    Global Collaboration Partners LLC
    ATTN: MySafetyClass.com
    PO Box 950
    Laramie, WY 82073-0930

    Delivery shall be deemed to have been made by You to MySafetyClass.com five (5) days after the date sent.



  • Consumer Agreement

  • "TERMS OF USE"

    GLOBAL COLLABORATION PARTNERS LLC

    Web-based Training License and Services Agreement (for CLIENT and END USERS)

     

    This End-User License and Services Agreement is incorporated as part of the usage of the Global Learner Management System (g-LMS), Global Content Player, Global Learning Records Management System and its related products as provided by Global Collaboration Partners LLC, a Wyoming limited liability company with a principal place of business located in Laramie, Wyoming (hereinafter referred to as "Global Collaboration Partners"), and CLIENT, its Affiliates and Subsidiaries for the purpose of specifying the conditions under which CLIENT and END USERS will access and use Global Collaboration Partners training services and its Web-based training courses including the Global Learner Management System.

     

    Definitions

    "Password Protocol" shall mean the passwords and/or system protocols issued by Global Collaboration Partners to the CLIENT or END USER for its remote access into the g-LMS.

    "g-LMS" shall mean the Learner Management System provided by Global Collaboration Partners that may be under license from one or more strategic partners. The g-LMS provides web-based training course instruction and communication enhanced delivery services.

    "CLIENT" shall mean and include the CLIENT’s divisions and departments within the CLIENT’s organizations but shall not include wholly or partially owned subsidiaries, affiliates or independent third parties, unless specifically identified by CLIENT and agreed to by Global Collaboration Partners.

    "END USER" shall mean and include the CLIENT’s employees that are currently employed, either as full-time, part-time, or contract employee in the CLIENTS divisions and departments within the CLIENT’s organizations but shall not include wholly or partially owned subsidiaries, affiliates or independent third parties, unless specifically identified by CLIENT and agreed to by Global Collaboration Partners.

    "WBT" shall mean each of the proprietary Web-based training courses and material available therein contained within a computer software program and made available for the CLIENT’s use via access on the g-LMS.

     

    License Grant; Restrictions on Use

    Global Collaboration Partners hereby grants to CLIENT, and CLIENT hereby accepts, subject to the terms and conditions set forth in this Agreement, a non-exclusive, nontransferable, limited license to access and use the WBT. The term "license" as used in this Agreement shall mean and include:

    a) the right of the CLIENT to remotely access the g-LMS, and use the WBT in conjunction with its internal training programs;

    b) the right to electronically display the WBT retrieved from the g-LMS to no more than one person at a time per Password employed; and

    c) the right to obtain a downloaded copy or printout of the CLIENT’s training records made available via the g-LMS.

    In accepting the license granted by Global Collaboration Partners, CLIENT agrees that it shall not:

    a) download, store, reproduce, transmit, display, copy , distribute, or use the WBT course materials from the g-LMS except as permitted by written agreement with Global Collaboration Partners;

    b) print or download the WBT course materials without using the printing or downloading commands of the g-LMS and the WBT; or

    c) remove or obscure the copyright notice or other notices contained in WBT course materials retrieved from the g-LMS.

    Global Collaboration Partners retains any rights not expressly granted to CLIENT.

     

    Access to Services

    CLIENT acknowledges that access and use of the g-LMS and the WBT permitted by this Agreement is limited to employees of the CLIENT. Unless expressly approved in writing by Global Collaboration Partners in advance, a Password Protocol is valid for use only in the country to which it was issued. Password Protocols may be restricted from accessing certain data, WBT and g-LMS processes otherwise available in the g-LMS. In the event of loss or theft of a Password Protocol, it is the CLIENT’s responsibility to notify Global Collaboration Partners immediately, in writing (or via online technique if available).

     

    Items Provided by Global Collaboration Partners

    Upon receipt of this executed Agreement providing for license and access to services to be granted by Global Collaboration Partners and CLIENT’s obligation to pay for such license and services, Global Collaboration Partners shall provide to CLIENT the deliverables, including Password Protocols, in accordance with the delivery schedule set forth in the Pricing and Service Agreement, all of which will be deemed accepted upon delivery.

     

    Payment by CLIENT

    In consideration for the license granted by Global Collaboration Partners for the access and use of the g-LMS and WBT as set forth herein, CLIENT agrees to pay fees in accordance with the Fees set forth in the Pricing and Service Agreement. Fees are due and payable upon receipt of invoice. Any fees due, owing, and unpaid in excess of thirty (30) days after receipt of invoice, shall bear interest at a rate equal to the lessor of one and one-half percent (1 ½%) per month or the maximum rate permissible by law.

    All fees payable by CLIENT under this Agreement are net of applicable taxes. CLIENT is solely responsible for any taxes or assessed fees that are or may become due by reason of this Agreement (other than taxes based on Global Collaboration Partners’ net income).

     

    Term and Termination

    The term of this Agreement shall coincide with the term of the Pricing and Service Agreement between Global Collaboration Partners and the CLIENT and shall commence as of the Effective Date of the Pricing and Service Agreement.  In the event of a material default by either party or such party’s agent or representative, of any provision of this Agreement, the other party may terminate this Agreement effective thirty (30) days from the date of receipt of notice of termination, unless the defaulting party has corrected the default prior to expiration of that thirty (30) day period.  Upon termination of the Agreement, the CLIENT shall either destroy all Password Protocols, and certify in writing to Global Collaboration Partners such destruction, or return them to Global Collaboration Partners.

     

    Copyright and Proprietary Information

    CLIENT acknowledges that the g-LMS, WBT and all Documentation constitute valuable property of Global Collaboration Partners (or Its partners, as applicable) and that title and ownership rights in the g-LMS, WBT, Documentation and related materials belong exclusively with Global Collaboration Partners (or Its partners, as applicable) and not to CLIENT. Global Collaboration Partners (on behalf of itself and Its partners, as applicable) reserves all rights with respect to the g-LMS, WBT and Documentation under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents. Except as otherwise provided in this Agreement, CLIENT shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the g-LMS, WBT, or any instructions, manuals, or other documentation, or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of Global Collaboration Partners. All proprietary notices contained in or on the g-LMS, WBT or Documentation shall be reproduced in their original form on all authorized copies thereof. This restriction shall continue to bind CLIENT and its agents and representatives beyond the termination of this Agreement.

     

    Limited Warranty for Services

    Global Collaboration Partners warrants to CLIENT and END USER that it will use commercially reasonable efforts to provide the WBT services in accordance with good practices for Internet services. If CLIENT reports an error, which prevents the g-LMS and/or WBT from meeting this warranty, Global Collaboration Partners will use commercially reasonable efforts to correct the error. This limited warranty shall not apply if the g-LMS and/or WBT (i) is not used as intended; (ii) has been modified without Global Collaboration Partners’ express authorization; (iii) fails to function due to a malfunction of CLIENT’s equipment or commercial communication links; or (iv) fails to function for any other cause within the control of CLIENT. The foregoing is CLIENT’s sole and exclusive remedy for a breach of the foregoing limited warranty

     

    Disclaimer of Warranties

    Except for the warranties provided above, all Products are provided on an "AS-IS" basis. Global Collaboration Partners DOES NOT WARRANT that the WBT, g-LMS and all related Products will meet CLIENT's requirements, that the operation of the Products will be uninterrupted and error-free, or that the Products will operate in combination with hardware and/or software products not supplied by Global Collaboration Partners.

     

    EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, GLOBAL COLLABORATION PARTNERS MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY DISCLAIMED.  THE ENTIRE RISK OF USE AND CONSEQUENCES OF USE OF THE g-LMS AND WBT FALL COMPLETELY ON THE CLIENT AND END USER. GLOBAL COLLABORATION PARTNERS SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY CLAIMS, LOSS OR INJURY ALLEGED TO HAVE RESULTED FROM USE OF OR IN RELIANCE ON g-LMS AND WBT.

     

    IN NO EVENT WILL GLOBAL COLLABORATION PARTNERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF USE) WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF GLOBAL COLLABORATION PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GLOBAL COLLABORATION PARTNER’S AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEED THE AMOUNTS PAID BY CLIENT TO GLOBAL COLLABORATION PARTNERS IN THE TWELVE (12) MONTHS PRECEDING THE DATE A CLAIM ARISES.

     

    Indemnity by CLIENT

    CLIENT agrees to defend, indemnify and hold Global Collaboration Partners harmless against any and all damages, costs, liabilities, expenses and settlement amounts incurred in connection with any suit, claim, or action by any third party arising out of CLIENT’s use or operation of the g-LMS and WBT in any manner for which the G-LMS and WBT were designed.

     

    Confidentiality

    Other than as may be required by any applicable law, government order or regulation, or by order or decree of any court of competent jurisdiction, no party shall publicly divulge, or in any manner disclose to any third party, any Confidential Information revealed to it pursuant hereto, without the written consent of the disclosing party. "Confidential Information" shall mean a party’s confidential business and technical information, know-how and trade secrets, including, but not limited to: (i) marketing and sales information, plans and techniques, including, without limitation, the terms and conditions of this Agreement; (ii) customer, potential customer and distributor lists; (iii) business plans, reports and data; (iv) financial plans, reports and data; and (v) sources of materials and customers. Confidential Information does not include (a) information that was already known to a party before receiving such information from the disclosing party, (b) information that is or becomes known to the public or generally available to the public through no fault of the receiving party, (c) information that is rightfully furnished to a party from a third party, or (d) information that is independently developed by or for a party without use of Confidential Information received from the disclosing party. CLIENT further agrees that the pricing terms set forth in this Agreement are strictly confidential.

     

    Public Relations Assistance

    CLIENT will accept reasonable requests for reference conversations with other Global Collaboration Partners prospects, provided that Global Collaboration Partners will limit these requests and will clear each request with the designated CLIENT contact. CLIENT will make available reasonable, public relations resources to work with Global Collaboration Partners to produce or approve press releases and case studies. When appropriate and reasonable, CLIENT will also provide access to a company executive for press quotes and will assist with possible speaking opportunities, provided that CLIENT does not deem any press release or speaking opportunity to be detrimental to CLIENT or impose an unreasonable burden, financial or otherwise, on CLIENT.

     

    Unenforceability

    If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

     

    Applicable Law

    This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the internal laws of the State of Wyoming, without regard to the rules on conflict of laws. The place of making for all purposes shall be Laramie, Wyoming, regardless of the actual place of execution. In the event of any litigation between the parties, the parties agree and consent that the courts for the State of Wyoming and the United States District Court for Wyoming shall have personal jurisdiction over the parties for any dispute arising out of this Agreement.

     

    Entire Agreement

    This Agreement, including Proposals, sets forth the entire agreement and understanding of the Global Collaboration Partners and CLIENT relating to the subject matter herein and merges all prior discussions between them. If the CLIENT’s purchase order form is used in conjunction with this Agreement, then CLIENT agrees that the following statement is hereby automatically made part of the CLIENT’s purchase order: "The terms and conditions set forth in the Global Collaboration Partners WBT License and Services Agreement are made a part of the CLIENT’s purchase order and are in lieu of all terms and conditions, express or implied, in such purchase order. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement shall be effective unless in writing and signed by both parties to this Agreement.

    The g-LMS and WBT are "commercial computer data base", "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. 12.212 of the Federal Acquisition Regulations ("FAR") and its successors and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) of the Department of Defense FAR Supplement and its successors. All U.S. government end users acquire the WBT Software and Documentation with only those rights set forth in this Agreement.

     

    Force Majeure

    Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, network failures or telecommunications failures.

     

    Miscellaneous Provisions

    (a) This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Neither party may assign this Agreement, in whole or in part, without the other party's written consent; PROVIDED, HOWEVER, that such consent may not be unreasonably withheld.

    (b) This Agreement and all matters arising out of or relating to this Agreement shall be governed exclusively by the laws of the United States and the State of Wyoming. Both parties hereby consent to jurisdiction and venue of the Circuit Court of Albany County, Wyoming and the Federal District Court for the District of Wyoming, located in Cheyenne, Wyoming. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement

    (c) If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

    (d) Neither this Agreement, nor any terms and conditions contained herein may be construed as creating or constituting a employee/employer relationship, joint venture or agency relationship between the parties.

    (e) No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.

    (f) This Agreement, including any exhibits and any addenda attached hereto, are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings, both written and oral, regarding such subject matter.

     

    VERSION: 020310: 02-103.0.01.AEGC01