last updated August 4, 2020
Accessing the Website and Account Security
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all safety topics, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at firstname.lastname@example.org. All photos are the copyrighted property of 5minutemondays.com, LLC and may not be used in any other training materials or resold for any purpose.
Purchase of any material or membership from 5minutemondays.com grants the owner the right to use 5MinuteMondays safety talk videos for workplace safety and education purposes only. Use of this material for any other purpose is prohibited. This material may not be resold.
You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of 5MinuteMondays. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.
Release/Authorization to Use Photographs
You grant 5MinuteMondays permission to use any and all photographs taken by 5MinuteMondays or its agents or employees, or submitted by you to 5minutemondays.com, (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of 5minutemondays.com or any product or service sold and marketed by 5minutemondays.com. You agree that this authorization to use Photographs may be assigned by 5minutemondays.com, to any other party. You agree that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in 5minutemondays.com’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against 5minutemondays.com in exchange for this Release and Assignment. You hereby release and forever discharge 5minutemondays.com from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Monitoring and Enforcement; Termination
To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Reporting Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Company (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases, Refunds, and Other Terms and Conditions
The Company may offer one or more membership programs on its Website. The pricing for any such membership program will be clearly stated on the applicable order form. All purchases through the Website are final and will not be refunded except as expressly stated herein.
By creating a User Account, You become a 5minutemondays.com User. There are various products and services available to Users, and monthly prices applicable to such products and services. By providing your credit card information you authorize the Company to charge the credit card provided in the amount indicated for the value of the products and services you select, including any future price changes. By your continued use of 5minutemondays.com services, and unless you terminate this agreement as provided herein, you agree that 5minutemondays.com may charge your credit card annually for the products and services you have selected, and you consent to any price changes for such services.
Refund Policy. Notwithstanding the foregoing, a member may cancel his/her membership in the applicable program for any reason and obtain a full refund of his/her first membership payment if he/she does so by emailing email@example.com within 30 days of signing up for any membership program. The 30 days mentioned includes any free trial period offered.
Term and Termination. Your User contract with the Company begins when you authorize payment with a credit card and will continue annually unless:
A. Company cancels your account due to your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to your breach, you will not be entitled to pro-rate your last month’s use, nor will you be entitled to any refund for any payments you have made to 5minutemondays.com,
OR B. You provide the Company at least ten (10) days’ e-mail notice, as provided herein, of your cancellation of your account. If you provide such notice less than ten (10) days before the next billing date, your credit card may still be charged. Upon cancellation, your User Account will be cancelled and no further access to any membership area will be allowed.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A SAFETY CONSULTANT AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. THE COMPANY HEREBY DISCLAIMS 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.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing Law and Jurisdiction
Waiver and Severability
If you need to contact us, email us at firstname.lastname@example.org
Last reviewed and updated August 4, 2020
5minutemondays.com does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed in the Website. Photos shown on the Website (including any and all training materials, the membership area, and weekly safety topics) may depict situations that are not in compliance with applicable Occupational Safety and Health Administration (OSHA) safety requirements. The Website and the content of any membership areas are meant for informational purposes only and it is not the intent of 5minutemondays.com to provide compliance-based training. The intent is to address hazard awareness in the construction and related industries, and to recognize the potential hazards present in many workplaces.
These materials are intended to discuss Federal Regulations only, as individual State requirements may be more stringent. Many states operate their own state OSHA and may have standards that are different from information presented in the content provided by 5minutemondays.com. It is the responsibility of the employer and its employees to comply with all pertinent OSHA safety rules and regulations in the jurisdiction in which they work.
5minutemondays.com is not a safety consulting firm and access to our Website or membership areas does not constitute an expressed or implied relationship with a safety consulting firm.
Furthermore, the services, strategies, information, and/or products offered by 5minutemondays.com on the Website, through the membership program, and/or elsewhere, are not to be interpreted as a guarantee of any specific result. The education and information presented by 5minutemondays.com is intended for a general audience and does not purport to be, nor should it be construed as, specific safety advice tailored to any individual, company or industry.
5minutemondays.com may derive fees or other compensation as a result of purchases from service providers or vendors that are recommended from this site and/or membership program.
YOU FULLY AGREE AND UNDERSTAND THAT 5MINUTEMONDAYS.COM IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
YOUR USE OF THE INFORMATION CONTAINED ON THIS WEB SITE AND/OR MEMBERSHIP PROGRAM IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 5MINUTEMONDAYS.COM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 5MINUTEMONDAYS.COM DOES NOT PROMISE OR GUARANTEE ANY SAFETY IMPROVEMENT RESULT FROM YOUR USE OF THE INFORMATION CONTAINED ON THIS WEB SITE AND/OR MEMBERSHIP PROGRAM. 5MINUTEMONDAYS.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR MEMBERSHIP PROGRAM.
5MINUTEMONDAYS.COM WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTS, ACCIDENTS, FATALITIES, PERSONAL PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF 5MINUTEMONDAYS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 5MINUTEMONDAYS.COM TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO 5MINUTEMONDAYS.COM FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL 5MINUTEMONDAYS.COM BE LIABLE FOR ANY LOSS, INJURY, FATALITY OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED ON THIS WEB SITE AND/OR MEMBERSHIP PROGRAM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED ON THIS WEBSITE AND/OR MEMBERSHIP PROGRAM. PLEASE SEEK THE ADVICE OF PROFESSIONALS REPRESENTING YOUR COMPANY AND/OR INDUSTRY, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.