SafeSport Learning Management System Terms of Use

These terms and conditions govern your (“User”) access to and use of online training courses provided by the United States Center for SafeSport (“SafeSport”) (User and SafeSport are each a “Party” and collectively, the “Parties”) accessed: (a) on SafeSport’s online hosted Learning Management System (“LMS”); (b) through one or more websites (collectively, “Website”); or (c) via a customized Application Programming Interface (“API”) (“Training”). By accessing the Training, you agree to be bound by these terms, which constitute your agreement with SafeSport (the “Agreement”). This Agreement may be updated from time to time at SafeSport’s sole discretion. By accessing the Training, you agree to our privacy policies, SafeSport ASO.

IF YOU LIVE IN THE UNITED STATES OR CANADA, BY AGREEING TO THE FOLLOWING TERMS OF USE, YOU AGREE TO RESOLVE DISPUTES WITH SAFESPORT THROUGH BINDING ARBITRATION (WITH VERY LIMITED EXCEPTIONS) AND NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICPATE IN CLASS ACTIONS, AS DETAILED IN THE DISPUTE RESOLUTION SECTION OF THE AGREEMENT.

• Accounts.  To access the Training, you must set up an account on SafeSport’s platform. You must be 16 years of age or older to set up an account and access the Training.  You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to SafeSport or anyone else) caused by someone using your account without your permission.  You must keep your account information, including passwords, confidential and may not transfer your account to someone else or use someone else’s account without their permission.  If you share your account information with someone else, you are responsible for what happens with your account and SafeSport will not intervene in disputes between Users who have shared account login information.

• Training.  SafeSport grants to you, the User, a limited, non-exclusive, revocable, non-transferable license to access and view the Training and associated content for which you have paid the required fees, solely for your personal, non-commercial, and educational purposes, in accordance with the terms of this Agreement.  All other uses of the Training are expressly prohibited.  You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, edit, create derivative works of, sublicense, or otherwise transfer or use any Training unless SafeSport gives you explicit permission to do so in a written agreement signed by an authorized representative of SafeSport.

• Fees.  Prior to accessing the Training, User shall pay SafeSport the fee set forth on the Website, or as updated and agreed to with SafeSport (the “User Fee”). All User Fees are in US Dollars and each User Fee is valid for Training for only one User and cannot be exchanged or shared.  User Fees may not be the same for all Users and are based on the type of Training and volume of Training purchased by a User or group of users (“User Group”).

• Payment.  User agrees to pay the User Fee for any Training that you purchase, and you authorize SafeSport to charge your debit or credit card or process other means of payment for those User Fees.  When you make a purchase, User agrees not to use an invalid or unauthorized payment method.  If your payment method fails and you still get access to the Training, you agree to pay SafeSport the corresponding User Fee within ten (10) days of notification from SafeSport.  SafeSport reserves the right to disable User’s access to any Training for which SafeSport has not received adequate payments.

• Term.  The term of this Agreement is twelve (12) months from the date that a User account is set up (the “Term”).  Subject to Section 5 below, upon the expiration or termination of this Agreement, Users will no longer have access to any Training, but may retain access to their accounts for the sole purpose of  viewing and downloading any available Training completion certificates.

• NO REFUNDS.  ALL USER FEES ARE NON-REFUNDABLE except in cases of duplicate payments.  However, within 30 days of the expiration or termination of this Agreement, User may access any unused Training by sending an email request to training@safesport.org.  After such 30-day period, all unused Training will be forfeited and inaccessible.

• No Warranties.  USE OF THE TRAINING OR ITEMS OBTAINED THROUGH THE TRAINING IS AT USER’S OWN RISK. TRAINING IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. SAFESPORT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TRAINING OR THAT THE TRAINING OR ITEMS OBTAINED THROUGH THE TRAINING WILL MEET THE USER’S NEEDS OR EXPECTATIONS.

• Ownership and Use of Data.  User will be granted a limited, non-exclusive, revocable, non-transferable license to access the SafeSport Training. User is not permitted to sub-license this access to anyone else. All Training and content included in the Training are owned by SafeSport and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as set forth herein, no right, title or interest in or to the Websites or the Training or any portion thereof, is transferred to the User, and all rights not expressly granted herein are reserved by SafeSport. The SafeSport name, logo, and all related names, graphics, logos, product and service names, designs and slogans are trademarks of SafeSport. You may not use such marks without the prior written permission of SafeSport. Training may not be copied, reproduced, modified, distributed, transmitted, or displayed without the prior written consent of SafeSport.  User agrees that SafeSport may track, collect and store the names of all Users who access the Training, as well as the specific Training courses each User starts or completes (“User Data”).  User agrees and acknowledges that SafeSport is, subject to SafeSport Data Privacy Policy and other applicable laws, authorized to make the User Data available to SafeSport’s other Users as appropriate, in SafeSport’s sole discretion.

• Access.  SafeSport will take all commercially reasonable efforts to provide uninterrupted access to the Training. However, from time to time, Users may be unable to access the Training due to conditions beyond SafeSport’s control. In response to any unavailability of the Training, SafeSport will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. SafeSport takes ordinary and customary security measures in protecting customer information passing through software, web sites, e-mail, and the portions of non-public network within SafeSport’s control. SafeSport accepts no responsibility beyond ordinary and customary responsibilities. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Training.

• Independent Contractors.  User and SafeSport agree that at no time will either Party be considered agents or employees of the other Party and nothing in this Agreement shall be construed to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the User and SafeSport.

• Termination. SafeSport may terminate this Agreement if: (1) User has breached any term of this Agreement, including payment terms; (2) if SafeSport determines, in its sole discretion, User is not making fair use of the Training or otherwise should not be providing the Training; or (3) if SafeSport determines, in its sole discretion, that it is in SafeSport’s best interest to discontinue the Training.  If SafeSport discontinues the Training, User will be refunded any fees paid for unused Training.

• Limitation of Liability and Indemnification.  User agrees to indemnify and hold harmless SafeSport and its directors, officers, employees, agents, shareholders, partners, and members against any and all claims resulting from User’s improper or unlawful use of the Training.  USER AGREES THAT SAFESPORT AND ITS PERSONNEL SHALL NOT BE LIABLE TO THE USER FOR ANY CLAIMS, LIABILITIES, OR EXPENSES RELATING TO THIS ENGAGEMENT FOR AN AGGREGATE AMOUNT WHICH IS THE GREATER OF (a) $100; OR (b) THE TOTAL AMOUNT OF FEES PAID BY THE USER TO SAFESPORT PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  IN NO EVENT SHALL SAFESPORT OR ITS PERSONNEL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE, OR EXPENSE RELATING TO THIS AGREEMENT, EVEN IF SAFESPORT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE DAVE MAY NOT APPLY TO YOU.  The provisions of this Section 11 as well as Section 15 of this Agreement shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. In circumstances where all or any portion of the provisions of this Section 11 are finally judicially determined to be unavailable, SafeSport’s aggregate liability for any claims, liabilities, or expenses relating to this engagement shall not exceed an amount which is proportional to the relative fault that SafeSport’s conduct bears to all other conduct giving rise to such claims, liabilities, or expenses.

• Taxes. Unless designated as tax-exempt by the Internal Revenue Service with current and valid exemption certificate, User shall pay all applicable Federal, state, and local use and sales taxes which may be incurred in connection with this Agreement and User’s use of the Training. 

• Amendments. This Agreement shall not be altered, amended, modified, or otherwise changed in any way or respect whatsoever, except in a writing duly executed by both Parties.  Each Party acknowledges and agrees that they will make no claim, at any time or place, that this Agreement has been orally altered or modified in any respect whatsoever.

• Accumulation of Remedies. All remedies available to either Party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of all other remedies.

• Dispute Resolution / Limitation on Actions. Any unforeseen disputes arising under this Agreement which cannot be settled between the two Parties will be submitted to arbitration before one arbitrator by JAMS under the then-applicable American Arbitration Association procedures for commercial arbitration in Denver, Colorado.  SafeSport and User agree that arbitration by JAMS will be a final and binding resolution and the prevailing Party shall be entitled to recover reasonable attorney fees in arbitration. No action, regardless of form, relating to this Agreement or the Services, may be brought by either Party more than one year after the cause of action has accrued, except that an action for non-payment may be brought by a Party not later than one year following the date of the last payment due to such Party hereunder.

• Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties and contains all the covenants and agreements between the Parties with respect to the Training. User acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by SafeSport, or anyone acting on behalf of SafeSport, that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.

• Waiver. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented.

• Governing Law.  This Agreement (whether in contract, statute, tort (such as negligence), or otherwise), shall be governed by, and construed in accordance with the laws of the State of Colorado (without giving effect to the choice of law principles thereof). User submits to jurisdiction in the State of Colorado and further agrees that subject to Section 15 herein, any cause of action arising under this Agreement shall be brought exclusively in a court in Denver County, Colorado.

• Legal Counsel.  User acknowledges that you understand the effect of this Agreement and that you have been advised to consult with legal counsel of your own choosing prior to your execution of this Agreement.

• Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the Parties set forth herein.

• Updating This Agreement.  From time to time, SafeSport may update this Agreement to clarify our practices or to reflect new or different practices (such as when we add new features or different types of Training), and SafeSport reserves the right, in its sole discretion, to modify and/or make changes to this Agreement at any time.  If SafeSport makes any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting  a notice on the Website, or in the LMS or API.  Modifications will becomes effective on the day they are posted unless stated otherwise.  You continued use of the Training after the changes become effective shall mean that you accept those changes.  Any revised Agreement shall supersede all previous Agreements.

• How to Contact SafeSport.  You may contact SafeSport at any time, for any reason pertaining to the Training or this Agreement by sending an email to info@safesport.org or contacting our online Support Team by using the following link https://safesport.atlassian.net/servicedesk/customer/portal/4.