ClickSafety.com (“ClickSafety” or “the Site”) and (“Customer”), agree to be legally bound by the terms and conditions set forth below in this User Agreement (“Agreement”) effective .

• Scope of Permitted Use - Use of this Site is limited to registration for and completion of offered courses, monitoring course completion by individual employee or by jobsite, accessing jobsite reports, accessing affiliate products and services. Depending on the level of service to which Customer subscribe, certain of these uses may not be available to Customer.

Customer agrees not to use the Site for any other uses, including, without limitation, to store, aggregate, reproduce or distribute information available on the Site in any manner or to compete directly or indirectly with ClickSafety; to interfere with or disrupt the operation of the Site or the networks or servers connected to the Site in any manner; to impersonate any person or entity or otherwise misrepresent Customer’s affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm ClickSafety or any other person or entity; or to engage in commercial activities of any kind without prior consent of ClickSafety.

Any unauthorized use of the Site will result in termination of all rights to use the Site and will be penalized the full extent provided for by law.

• Payment - Payment for all subscription services and products is due upon receipt of an invoice, depending on the type of services or products ordered. Products and services will be identified and billed per the attached Pricing Addendum. If charges for certain products and services are based on type of employee, Customer agrees to provide ClickSafety with documentation reasonably requested by ClickSafety for purposes of verifying types of employees. ClickSafety.com reserves the right to terminate any or all services if Customer fails to make payments when due or fail to provide ClickSafety with requested payroll documentation in a timely fashion.

• Changes to Agreement - ClickSafety.com reserves the right to make changes to these terms and conditions at any time and for any reason by, seven days before the changes are to become effective, posting the new terms and conditions on this page and informing users that there are changes to the terms and conditions via e-mail and through a general notice posted on the Site’s home page. Such changes will become effective seven days after e-mail notice is sent. Your continued use of the Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to this Agreement.

• Additional Terms and Conditions for Certain Products and Services - Certain products and services provided at or through this Site including, without limitation, products and services provided by third parties, may be subject to terms and conditions in addition to those in this Agreement. Any additional terms and conditions will be available for Customer review upon registration for or subscription to the subject products and services.

• Disclaimer of Warranties - Customer agrees use of the Site is entirely at its own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

ClickSafety regularly monitors governmental and industry safety laws and regulations applicable to its products and services, including federal and state OSHA regulations, and updates its products and services to comply with currently applicable laws and regulations within a reasonable period of time after any changes to such laws and regulations are published. If notified by Customer that there is a discrepancy between information included in any ClickSafety product or service and currently applicable laws or regulations, ClickSafety will make best efforts to correct any error within a reasonable period of time. ClickSafety does not make any representations or warranties that the Site or materials on the Site or products and services purchased at or through the Site will meet Customer’s requirements or expectations or that the operation of the Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply.

• Limitation of Liability - Customer agrees that ClickSafety will not be held liable for any improper or incorrect use of the Site or the materials on the Site and assumes no responsibility for Customer’s activities on the Site or for the inaccuracy of any content on the Site. In no event will ClickSafety be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Site or the materials on the Site or the inaccuracy of any content on the Site, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure any course offered through the Site to meet with current governmental or industry safety regulations, including, without limitation, federal and state OSHA regulations or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Site or materials on the Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.

• Indemnity - Customer agrees to indemnify, defend and hold harmless ClickSafety and its officers, employees, directors, agents, suppliers and sponsors from any and all claims, damages, losses or costs (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly out of or related in any way to Customer’s breach of this Agreement or its activities in connection with the Site, including, without limitation, its failure to inform all employees registered to its account of these terms and conditions and of ClickSafety’s privacy policy.

• Disclaimer of Liability for Third Party Content and Links - Customer agrees that ClickSafety is not responsible and will not be held liable for any third party content on the Site or any third-party content, products or services available on another website through a link from the Site. Links to third-party sites are for Customer’s convenience only, and their inclusion on this Site does not imply any endorsement, guarantee, warranty or representation by ClickSafety.

• Proprietary Rights - The Site and all materials on the Site, including, without limitation, all employee and jobsite safety records, ”ClickSafety” and all other trademarks and logos on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted in this Agreement or by express written consent of ClickSafety, Customer agrees that it may not use the Site or the material on the Site in any manner.

• Term and Termination; Obligation to Pay for Remainder of Term - The Agreement shall continue in force for at least one year from the date of this agreement and shall renew automatically for the same term and continue in force unless and until it is terminated in one of the following ways: (a) ClickSafety may terminate this Agreement by notifying Customer in writing (including e-mail) if ClickSafety determines in its sole discretion that Customer has made unauthorized use of the Site, failed to pay any charges due or otherwise breached this Agreement. Such termination shall be effective without further notice if Customer fails to cure the breach within two weeks of the date of ClickSafety’s notice; (b) Customer may terminate this Agreement by notifying ClickSafety in writing by no later than 60 days before the expiration of the term of service that Customer does not want to renew the subscription. Such termination shall be effective as of the date of expiration of the then current term of service; (c) ClickSafety may terminate this Agreement by notifying Customer in writing by no later than 60 days before the expiration of the term of service that it will not be renewing the subscription. Such termination shall be effective as of the date of expiration of the current term of service.

Upon termination of this Agreement in accordance with subsection (a) or (b) above, Customer shall remain obligated to make all payments due to ClickSafety for the remainder of any current term or terms of service. Sections 4, 5, 6, 7, 8, 9 and 11 survive termination of this Agreement.

• General Terms and Conditions - This Agreement constitutes the entire agreement between Customer and ClickSafety in connection with the use of and access to the ClickSafety Site and supersedes any and all prior agreements or discussions, whether written or oral between Customer and ClickSafety. This Agreement may only be modified by written consent of both parties or as provided in Section 1 above.

Customer agrees to comply with all applicable laws, statutes, ordinances and regulations regarding use of this Site and the purchase of products and services on this Site.

Customer agrees that ClickSafety, in its sole discretion, may terminate the use of the Site immediately and without notice if ClickSafety believes that Customer has acted inconsistently with the terms and conditions set forth in this Agreement.

In the event of a dispute between Customer and ClickSafety arising out of or relating to this Agreement, the ClickSafety privacy policy, any other policy or practice of ClickSafety, Customer’s use of the Site or its relationship with ClickSafety, Customer agrees that any such dispute shall then be determined and settled by arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association ( “ AAA” ). The award rendered thereon by the arbitrator(s) shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief. This Agreement shall be governed by and construed in accordance with the laws the state of California without regard to the conflict of laws provisions thereof. Customer understands that it would have had a right to litigate disputes through a court, and that it has expressly and knowingly waived that right and agreed to resolve any disputes through binding arbitration.

The failure of ClickSafety to exercise or enforce any right or provision under this Agreement does not and will not constitute waiver of any such right or provision. If any provision of this Agreement is held unenforceable, that provision will be construed in accordance with applicable law to reflect as nearly as possible the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

• Pricing - Pricing shall be according to attached Pricing Addendum which is an integral part of this Agreement.

By signature below, ClickSafety.com and Customer agree to the terms and conditions of this Agreement as of the date indicated below.

Customer: ClickSafety

Signed: Signed: ________________________

Print Name: Name: ________________________

Title: Title: ________________________

Date: Date: _________________________

PRICING ADDENDUM

To ClickSafety User Agreement dated __________________ between ClickSafety and _______________________ (Customer).

SERVICES ORDERED:

Per User Options:

Pay As You Go Per User: Based on the number of employees designated and registered. This amount may vary based upon the then current pricing structure determined by ClickSafety and the actual number of employees entered into the site.

Number of Total Personnel: _______________

Number of Supervisory, foreman and management type personnel: _______________

Total Price: _______________

Enterprise use: Based on the full time equivalent employees for Customer over the previous 12 months. This option allows Customer to replace workers new workers for no additional charge

Number of Total Personnel: _______________

Number of Supervisory, foreman and management type personnel: _______________

Total Price: _______________

(Note: Employees and Supervisors numbers are average numbers of full time equivalent employees over the previous twelve months. Customer is required to update this annually based on workers comp filing.)