Terms and Conditions

Last updated January 6, 2020

Introduction

To promote a safe, non-offensive environment for all visitors to Nationalforkliftfoundation.com (hereafter referred to as “Site”), the ownership group of Nationalforkliftfoundation.com (hereafter referred to as “us”, “our” or “we”) have established these “Terms and Conditions”. These terms and conditions apply to your access to and your use of this Website (the information, products, and services available through this Website). They also apply to our use of any communications or content that you submit on this Website. By accessing or using any areas of our Website, you accept and agree to all the terms and conditions herein. You also agree to be bound by these Terms and Conditions, which form a legally binding agreement. If you do not agree to all the Terms of Conditions, please do not use this Website. We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

PRIVACY

The information that we collect and the ways in which we use such information is set forth in our Privacy Policy. We strongly encourage users to read this policy before using our site.

GENERAL TERMS AND CONDITIONS

All rights not expressly granted to you by us in these Terms and Conditions are reserved to us. Thus, you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, copyrighted or not, from this Website as authorized hereunder. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion. Reasons for this include, but are not limited to, if we believe that your conduct violates applicable law or is harmful to our interests or businesses, or to our customers, affiliates, licensors, or licensees. We reserve the right to change these Terms and Conditions (and our Privacy Policy) from time to time as we deem appropriate by posting such changes on this Website as applicable. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes. Thus, we encourage you to periodically check back and review these Terms and Conditions so that you will always know what terms and conditions apply to your access to and use of this Website. Your continued use of this Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. The purpose of the products and/or services provided by the Site is to assist employers, other entities, or individuals (“End User,”) in addressing and meeting compliance requirements set forth in the OHSA regulations regarding Forklift Operator Training. We have prepared these products and/or services for the purpose of assisting End User in complying with such regulations. However, these products and/or services are not sufficient to complete training. The current OSHA regulations require substantial additional practical training and evaluation by End User, including a final certification by the employer or trainer. End User is solely responsible for ensuring its, his or her compliance with such regulations. Use of the products and/or completion of the online training will not be sufficient to satisfy the OSHA regulations and End User will not be in compliance with OSHA regulations simply by using or having an employee use the products and/or services provided by www.nationalforkliftfoundation.com. We shall not be held liable for any lift truck accidents, bodily injury, lift truck damages, building damages or anything of the like that that may occur from anyone who has taken the online courses offered through www.nationalforkliftfoundation.com. End users are solely responsible for their onsite conduct while operating a forklift. Your use of our Internet site or any of the products or services (including any online training) offered on this site is subject to all of the Terms of Use and Disclaimers herein. We may modify the Terms of Use and/or Disclaimers at any time without notice to you by posting revised Terms of Disclaimers on our site. Your use of our products and/or websites constitutes your binding acceptance of these Terms of Use and Disclaimers, including any modifications that we make.

OWNERSHIP- LICENSE- LIMITATIONS

This Website, all content displayed on this Website, all software, data, and information used to provide this Website, (including text and images) are owned by us or our affiliates, licensors or licensees. They are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use as necessary in connection with the use of any services available through this Website. Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, reproduction, re-transmission or re-presentation in any form, of any content within this Website is strictly prohibited without our prior express written permission. You may not frame, squeeze back, overlay, or employ other techniques to enclose or display this Website, or any trademark, logo, content, or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Furthermore, you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein. In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means, algorithm, device, or any manual process, to monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website. This Website includes certain trademarks and service marks owned by us and/or our affiliates or third parties. You agree not to copy, use, or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark, or other notices from any website content.

USE AT YOUR OWN RISK

We provide the content, information, and other materials available through our Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. If you rely on any content, information, or other materials, products, or services available through our website, you expressly agree that you do so at your own risk. You understand that you are solely responsible for any damage or loss that you may occur as a result of our content, information, or other materials, products, or services. End User will assume any and all responsibility for ascertaining whether he, she or which of its personnel are required to undergo training, testing, and evaluations to reach and maintain compliance with OSHA. Such responsibility will include End User familiarizing himself, herself or its personnel with on-site hazards and conditions. End User agrees that he, she or it is solely responsible for determining whether he, she or which of its employees are, required to complete the necessary OSHA training and to ensure that he, she or any employee has in fact completed all necessary training. End User agrees that www.nationalforkliftfoundation.com nor any of its officers, employees, members, affiliates, or agents shall have any liability or responsibility for End User’s failure to comply with any OSHA regulations including, but not limited to, the regulations regarding hazard communication. By registering to use this site or purchasing products from this site, End User hereby releases and agrees to indemnify, defend, and hold harmless the Company, and its officers, employees, members, affiliates, and agents, for, from, and against any and all liability, loss, damage, claim, threatened claim, or expense (including, without limitation, attorneys’ fees) resulting from, arising out of, or in any way related to End User’s failure to comply with OSHA regulations, or any act, error or omission by End User and/or his, her or its employees or agents in the operation of any forklift at any time following the review or completion of this training. Any and all certificates or licenses will also be the complete responsibility of End User. We do not warrant that our site will be uninterrupted or error free. In addition, we do not make any warranty as to the content on our site. Our site and its content are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through our site is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. We do not make any warranty that: our site will meet your requirements; our site will be uninterrupted, timely, secure, or error free; the results that may be obtained from the use of our site will be accurate or reliable; the quality of any products, services, information, or other material that you purchase or obtain through our site will meet your expectations; any errors will be corrected. We do not make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to our site, any content, or any of our services, tools, products, or properties. You expressly agree that you will assume the entire risk as to the quality and the performance of our site and the accuracy or completeness of its content.

Your Account

If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password. You also agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our privacy policy for further information regarding your account or password. In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Links

This Website may provide links or references to third party sites that we do not operate. Some of these sites may force you to leave this Website or open an additional browser connecting you to the third-party site. Any such links to third party sites are provided merely as a convenience to the users of this Website. Thus, such links do not imply our endorsement of such other third-party sites or the content contained therein. We disclaim all liability with regard to your access to such linked websites. Your use of and access to any other websites linked to this Website is at your own risk. Furthermore, we have no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on, or access to such third-party sites. For information about third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.

IMAGES, LOGOS, TRADEMARKS, AND COPYRIGHT:

The images, logos, copy, and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without the express written consent of www.nationalforkliftfoundation.com. Some files may be used is they are believed to be in the public domain or used with permission of the respective trademark or copyright holder. Please contact us if you have any questions or concerns about site content.

ACCEPTANCE OF ORDERS:

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. National Forklift Foundation reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants permission to contact their bank to verify name and address.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

We respect the rights of all copyright holders and have adopted/implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
  • A statement that the complaining party has a good faith belief that use of the material is unauthorized;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLOSURE OF YOUR INFORMATION - VIOLATION OF THESE TERMS AND CONDITIONS

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website. We may also do so to identify, contact, or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website. You also agree that we may disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to comply with legal process or enforce these Terms and Conditions. We may also disclose this data to respond to claims that any such data violates the rights of others, or to protect our rights, our affiliates, employees, users of this Website, or the public. Without limiting any other portion of these Terms and Conditions, you agree that we may, at our sole discretion and without prior notice, terminate your access to our Website and/or block your future access to our Website if we determine that you have violated these Terms and Conditions or other guidelines. These remedies are in addition to any other remedies we may have at law or in equity.

DISCLAIMER OF WARRANTIES

You agree that our website and all content, information, materials, products, and services available through our website are provided by us on an “as is” basis. This means that they may possess no warranty of any kind, either express or implied, and that your use of our website is entirely at your own risk. Without limitation, we, our affiliates, licensors, and licensees specifically disclaim any and all warranties, express or implied by statute or otherwise. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to this website and your use thereof.

LIMITATION OF LIABILITY

Neither we, our affiliates, licensors, or licensees shall have any liability for any errors, inaccuracies, omissions, or other defects in the content, information, or other materials available through our website. In no event shall we, or our affiliates, licensors, or licensees be liable to you or anyone else for any damages (other than direct damages) arising out of your access to or use of, materials, products, or services within or otherwise available through our website or our use of any materials that you provide to us. In no event shall we, our affiliates, licensors, or licensees be liable to you or anyone else for any special, indirect, consequential, punitive, exemplary, or similar damages whatsoever, even if we or any such other person has been advised of the possibility of such damages. As some areas may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

INDEMNITY

You hereby agree to indemnify, defend, and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses. This includes, without limitation, attorneys’ fees arising from or relating to your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions. This also applies to third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or any dispute between you and any third party.

Refund Policy

Here at National Forklift Foundation we want operators to be completely satisfied with their purchase and the value they receive from it. As a result, users are eligible for a 100% money back guarantee for any courses purchased from NFF within 30 days of purchase. Simply email support@nationalforkliftfoundation and our team will be in touch.

Promotions

  • Any and all promotions are limited time offers.
  • National Forklift Foundation reserves the right to modify or cancel the offer at any time.

MISCELLANEOUS

Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website, or any items such users have listed or searched for on our Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor. These Terms and Conditions are governed by the laws of the area in which we operate. You hereby consent to the exclusive jurisdiction and venue of the area in which we operate, for all disputes arising out of or relating to these Terms and Conditions, our Privacy Policy, the use of our Website. Content, information, materials, products, or services within or otherwise available through our Website are not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of our Website and the content and services available through it. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would in writing. You shall use our Website and the content, information, materials, products, and services within or otherwise available through our Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using our Website will not be permitted. You agree that any and all causes of action arising out of or relating to our Website or the content, information or other materials, products or services within or otherwise available through our Website shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect. Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof.

CONTACT US

If you have questions or comments about the Terms & Conditions, please contact us at legal@nationalforkliftfoundation.com.