Effective Date: January 30, 2017Most Recent Revision: June 30, 2022TrainingLink™ is a web-based platform for delivering and managing training content and records. Smart SOP™ is a downloadable mobile Applications, which is used to create and manage standard operating procedures, and a web-based administrator platform for managing the users’ subscriptions. References to downloading the Applications apply specifically to Smart SOP™. All other references to Applications refer to both Smart SOP™ and TrainingLink™.
Disclaimer of Warranties. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATIONS, YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATIONS ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATIONS AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. DKF AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATIONS AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DKF AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATIONS OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATIONS OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATIONS OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKF OR FROM THE APPLICATIONS SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT DKF HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATIONS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DKF OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATIONS AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT DKF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DKF'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. You shall indemnify, defend and hold harmless DKF and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Applications or Third Party Content and Services; (ii) your breach of this License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the use of the Applications.
Compatibility. DKF does not warrant that the Applications will be compatible or interoperable with the device or devices on which you download and use the Applications including, but not limited to, mobile devices, tablets, laptop computers, desktop computers or any other piece of hardware, software, equipment, or device installed on or used in connection with your device(s). Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device(s) to diminish or fail completely and may result in permanent damage to your device(s), loss of the data located on your device(s), and corruption of the software and files located on your device(s). You acknowledge and agree that DKF and its affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Product Claims. You acknowledge that you (not DKF) are responsible for addressing any third party claims relating to your use or possession of the Applications, and agree to notify DKF of any third party claims relating to the Applications of which you become aware. Furthermore, you hereby release DKF from any liability resulting from your use or possession of the Applications, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
The Applications are designed and intended for use only by persons with the required training, licenses, certifications, or other qualifications that are necessary or required for the safe and legal use of this Applications. While every effort is made to ensure that the Applications facilitate the collection of information necessary to comply with local, State and Federal safety laws, DKF offers no guarantee that users will be in compliance with any laws or regulations.
Unenforceable Provisions. If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
Ownership of Intellectual Property and Limited License. All intellectual property to these Applications, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by DKF. Intellectual property includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Applications. All trademarks, service marks and trade names are owned, registered and/or licensed by DKF. DKF grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Applications to a device; use this Applications as herein set forth; copy and store this Applications and the material on this Applications in your device’s cache memory; and print pages from this Applications for your own non-commercial use. DKF does not grant you any other rights whatsoever in relation to this Applications or the material on this Applications. All other rights are expressly reserved by DKF.
Use and Prohibited Use Restrictions. You may use the Applications only for non-commercial use for a single entity. You are strictly prohibited from using the Applications for more than one entity, agency, employer, organization or other business. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Applications or the material on this Applications (in any form or media) without DKF’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Applications.
Enforcement of Copyright and Protection of Intellectual Property. If DKF discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, DKF may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of DKF’s copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by email to dkf at dkfsolutions dot com or by first-class mail to DKF Solutions Group, LLC, 164 Robles Way, Suite 274, Vallejo, CA 94591.
Governing Law and Dispute Resolution. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within the county of Solano, in California. The parties submit to personal jurisdiction within the State of California.
Contact Information. DKF may be contacted by mail at DKF Solutions Group, LLC, 164 Robles Way, Suite 274, Vallejo, CA 94591or by email at dkf at dkfsolutions dot com.