Last Updated: May 18, 2020.

J. J. Keller Terms Of Use

J. J. Keller & Associates, Inc. ("J. J. Keller," "we", "us", "our") appreciates your interest in our websites and services. By using any websites which links to these terms of use (collectively, "Sites") and any of our products, or services, as well as any services assessible from our Sites (collectively, "Services"), you agree to abide by the terms of use set forth hereafter ("Terms"). If you do not agree to abide by these Terms, do not use our Sites or Services. Please carefully review all of these terms before accessing the sites or using our services. You and your employer, or the organization to which you are associated (collectively, "you," "your"), are bound by the Terms.

Addendums

If J. J. Keller and you, or you on behalf of your employer or organization, or another individual who has acted on behalf of your employer or organization, have manually executed a Commercial Use License Addendum or other addendum or agreement governing use of J. J. Keller's Services ("Addendums"), the terms of those applicable Addendums are incorporated herein by reference. In the event of any conflict or inconsistency between these Terms and any Addendum, the terms of the Addendum shall control.

Licenses

  1. Limited Site License. Subject to compliance with these Terms, J. J. Keller grants you a limited, royalty-free, non-exclusive, nontransferable and revocable license to access, use, and place orders through the Sites. Any other use is strictly prohibited. If Content (as defined in Ownership Section) downloaded from our Sites contains copyright or other proprietary notices, you must retain such notices on any and all copies of the Content. You may not use any data mining programs, robots or other data gathering tools in connection with the Sites except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file or web services/RSS/Atom clients behaving in J. J. Keller's best interest. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any Content for any public or commercial purpose. J. J. Keller expressly reserves all rights not expressly granted herein. Any unauthorized use of the Sites shall immediately terminate the limited license granted by J. J. Keller.
  2. Service License. Subject to compliance with these Terms as well as the licensing requirements and limitations pertaining to the particular Services described in the pertinent Service License subsection, J. J. Keller grants you a nonexclusive, nontransferable, revocable, non-assignable, limited license to access and use our Services ("Service License"). Unless stated otherwise in the specific Service License subsection, this Service License is meant to provide one user with access to the applicable Service for which you or your designee have registered for that individual's use within your organization. Therefore, unless stated otherwise in the specific Service License, such use is solely for use by the individual user identified in the Registration Information. In the event that language within a Service License subsection conflicts with another provision in these Terms, the specific Service License language will control.

Service Licenses

Permitted Uses And Additional Restrictions For Specific Service Licenses

  1. J. J. Keller® Safety Management Suite ("SMS")
  • With the exception of the use described in subsection (iii) below, this Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of SMS.
  • Authorized Use of SMS Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged SMS content ("SMS Content") and works you create with SMS content ("Created Works") within your organization as outlined in this SMS section. You may appoint someone within your organization to create Created Works. You may not, and may not permit others to, use the SMS Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate SMS Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use images – cartoons, clip art, PowerPoint® images, video clips in preparing posters, handbooks, PowerPoint® presentations, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the images.
      2. You can create Created Works by using SMS Content in reports, training material, emails within your organization, and the like that you personally author; others may not re-purpose the SMS Content that you download. You may share the Created Works by using interactive tools available in SMS, or incorporate SMS Content into documents, reports, etc. which you personally author in a hardcopy or electronic format. These materials are for internal use only; others may not re-purpose the output.
      3. You may post Created Works on your Intranet. Created Works resulting in an online training course may be posted to your learning management system.
      4. You may copy, distribute, post, or electronically transmit Created Works.
    3. Employee-Facing Features. Depending on your Service License level, certain features of SMS, such as incident reporting, safety data sheet access, audits/inspections, and training, may be used by your employees.
    4. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    5. Safety Data Sheets. Your Service License allows you to view, print, download, and distribute Safety Data Sheets without restriction.  If Your Service License level allows employee access to Safety Data Sheets via URL, such link and Safety Data Sheets may only be posted and used internally. You acknowledge that J. J. Keller may store, reproduce, display, commercialize, and otherwise use without restriction, any Safety Data Sheets that you upload to SMS.
    6. Training. Your Service License allows you to purchase and use training enrollments for the employees of your organization only. If your Service License includes training enrollment limits, those training enrollments may not be resold. Usernames and passwords cannot be shared. You have the ability to preview any course at no charge; however, you cannot share this ability with anyone. There will be no refund or credit for unused training enrollments.
    7. Copyright Notices. You must retain copyright notices appearing with SMS Content. To use SMS Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of SMS Content Includes:
    1. Use in Commercial Manner. You may not use SMS Content to prepare work products, documents, or reports for any party outside of your organization unless you have a Commercial Use License Addendum granting you permission to do so.
    2. Copy and Distribute. You may not, and may not permit others to, copy, distribute, post or electronically transmit SMS Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate SMS Content into another language and SMS Content translated into another language is not considered a "Created Work."
  1. RegSense® ("RS")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of RS.
  • Authorized Use of RS Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged RS content ("RS Content") and works you create with RS Content ("Created Works") within your organization as outlined in this RS section. You may not, and may not permit others to, use the RS Content to prepare work, documents, or reports, etc. for any party outside your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate RS Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use images – cartoons, clip art, PowerPoint® images, video clips in preparing posters, handbooks, PowerPoint® presentations, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the images.
      2. You can create Created Works by using RS Content in reports, training material, emails within your organization, and the like that you personally author; others may not re-purpose the RS Content you download. You may share the output from the RS Tools or featured topics or incorporate it in documents, reports, etc. which you personally author in a hardcopy or electronic format. These materials are for internal use only; others may not re-purpose the output.
      3. You may post Created Works on your Intranet.
      4. You may copy, distribute, post or electronically transmit Created Works.
    3. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    4. Copyright Notices. You must retain copyright notices appearing with RS Content. To use RS Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of RS Content Includes:
    1. Use in Commercial Manner. You may not use RS Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum granting you permission to do so.
    2. Copy and Distribute. You may not, and may not permit others to, copy, distribute, post, or electronically transmit RS Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate RS Content into another language and RS Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use RS Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post RS Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. FleetMentor® ("FM")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of FM.
  • Authorized Use of FM Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged FM content ("FM Content") and works you create with FM Content ("Created Works") within your organization as outlined in this FM section. You may not, and may not permit others to, use the FM Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate FM Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use images – quick study or PowerPoint® images in preparing posters, handbooks, PowerPoint® presentations, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the images.
      2. You can create Created Works by using FM Content such as in reports, training material, emails within your organization and the like that you personally author; others may not re-purpose the FM Content you download. You may share the output from the FM Toolbox or incorporate it in documents, reports, etc. which you personally author in a hardcopy or electronic format. These materials are for internal use only; others may not re-purpose the output.
      3. You may post Created Works on your Intranet.
      4. You may copy, distribute, post or electronically transmit Created Works.
    3. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    4. Training Points. Your Service License allows you to purchase and use Training Points for the employees of your organization only. Training Points cannot be resold. You have the ability to preview any course at no charge; however, you cannot share this ability with anyone. Training Points expire after one year, or when your FM Service License expires, whichever happens first. There will be no refund or credit for unused Training Points.
    5. Copyright Notices. You must retain copyright notices appearing with FM Content. To use FM Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use FM Content includes:
    1. Use in Commercial Manner. You may not use FM Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum granting you permission to do so.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit FM Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate FM Content into another language and FM Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use FM Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post FM Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. FMLA Manager ("FMLA")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of FMLA.
  • Authorized Use of FMLA Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged FMLA content ("FMLA Content") and works you create with FMLA Content ("Created Works") within your organization as outlined in this FMLA section. You may not, and may not permit others to, use the FMLA Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate FMLA Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use text – news and alerts, corrective actions, regulations – in preparing reports, training material, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the text. These materials are for internal use only; others may not re-purpose the output.
      2. You may post Created Works on your Intranet.
      3. You may copy, distribute, post or electronically transmit Created Works.
    3. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    4. Copyright Notices. You must retain copyright notices appearing with FMLA Content. To use FMLA Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of FMLA Content includes:
    1. Use in Commercial Manner. You may not use FMLA Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit FMLA Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate FMLA Content into another language and FMLA Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use FMLA Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post FMLA Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. Chemical Center ("CC")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of CC.
  • Authorized Use of Chemical Center Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged CC content ("CC Content") and works you create with CC Content ("Created Works") within your organization as outlined in this CC section. You may not, and may not permit others to, use the CC Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate CC Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use PowerPoint® images in preparing posters, handbooks, PowerPoint® presentations etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the text.
      2. You can create Created Works by using CC Content such as in reports, training material, emails within your organization and the like that you personally author; others may not re-purpose the CC Content you download. You may share the output from the CC service tools or incorporate it in documents, reports, etc. which you personally author in a hardcopy or electronic format. These materials are for internal use only; others may not re-purpose the output.
      3. You may post Created Works on your Intranet.
      4. You may copy, distribute, post or electronically transmit Created Works.
    3. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    4. Safety Data Sheets. Your Service License allows you to view, print, download, and distribute Safety Data Sheets without restriction. If Your Service License level allows employee access to Safety Data Sheets via URL, such link and Safety Data Sheets may be posted and used internally only. You acknowledge that J. J. Keller may store, reproduce, display, commercialize, and otherwise use without restriction, any Safety Data Sheets that you upload to CC.
    5. Copyright Notices. You must retain copyright notices appearing with CC Content. To use CC Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of CC Content includes:
    1. Use in Commercial Manner. You may not use CC Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum granting you permission to do so.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit CC Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate CC Content into another language and CC Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use CC Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post CC Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. HazCom Label Manager ("HLM")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of HLM.
  • Authorized Use of HazCom Label Manager Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged HazCom Label Manager content ("HLM Content") and works you create with HLM Content ("Created Works") within your organization as outlined in this HazCom Label Manager section. You may not, and may not permit others to, use the HLM Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate HLM Content into work that you personally author to create Created Works. For example, in Created Works:
      1. You may use PowerPoint® images in preparing posters, handbooks, PowerPoint® presentations etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the text.
      2. You can create Created Works by using HLM Content such as in reports, training material, emails within your organization and the like that you personally author; others may not re-purpose the HLM Content you download. You may share the output from the service tools or incorporate it in documents, reports, etc. which you personally author in a hardcopy or electronic format. These materials are for internal use only; others may not re-purpose the output.
      3. You may post Created Works on your Intranet.
      4. You may copy, distribute, post or electronically transmit Created Works.
    3. Best Practices. Your Service License allows "Best Practices" documents to be reproduced only with the written permission of J. J. Keller.
    4. Safety Data Sheets. Your Service License allows you to view, print, download, and distribute Safety Data Sheets without restriction. If Your Service License level allows employee access to Safety Data Sheets via URL, such link and Safety Data Sheets may be posted and used internally only. You acknowledge that J. J. Keller may store, reproduce, display, commercialize, and otherwise use without restriction, any Safety Data Sheets that you upload to HLM.
    5. Copyright Notices. You must retain copyright notices appearing with HLM Content. To use HLM Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of HLM Content includes:
    1. Use in Commercial Manner. You may not use HLM Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit HLM Content as-is in any format, including on your Intranet or learning management system.
    3. Translations. You may not translate HLM Content into another language and HLM Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use HLM Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post HLM Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. J. J. Keller® Compliance Library
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of J. J. Keller® Compliance Library.
  • Authorized Use of J. J. Keller Compliance Library Content includes:
    1. Read. You may read as much J. J. Keller Compliance Library content, including guides, manuals, and newsletters ("J. J. Keller Compliance Library Content") as you choose.
    2. Print/Copy of Guides/Manuals. Unless explicitly stated otherwise in J. J. Keller Compliance Library Content, you may make a single printed copy of a guide/manual for your personal use. You may share the printed copy with others in your organization; however, others may not make additional copies of this J. J. Keller Compliance Library Content without a Service License from J. J. Keller.
    3. Print/Copy of Newsletter Articles. Unless explicitly stated otherwise in J. J. Keller Compliance Library Content, you may make up to five printed copies of a newsletter article. You may share the printed copies with others in your organization; however, others may not make additional copies of this J. J. Keller Compliance Library Content without a Service License from J. J. Keller.
    4. Save. You may save J. J. Keller Compliance Library Content to your personal computing device(s), but you may not save them to a shared network drive, intranet, learning management system, Internet or similar location to which others would be allowed use.
    5. Share Newsletter Articles. Newsletter articles which feature the "Email This" button may be shared with anyone.
    6. Copyright Notices. You must retain copyright notices appearing on J. J. Keller Compliance Library Content.
    7. Comments. You must be the author of any comments you post on J. J. Keller Compliance Library. J. J. Keller, at its sole discretion, reserves the right to remove postings and/or terminate the license of any Member who J. J. Keller believes has violated the terms or abused the intent of the license; including, but not limited to, posting profanities, hate speech, potentially libelous statements, marketing promotions or publishing third-party content without permission.
    8. Share or Email. Unless otherwise allowed in this J. J. Keller Compliance Library section, you may not share J. J. Keller Compliance Library Content through electronic messaging or posting inside or outside of your organization.
    9. Incorporate into Other Uses. You may not incorporate J. J. Keller Compliance Library Content into documents, reports, training materials, or other applications.
  • Restrictions and Unauthorized Use of J. J. Keller Compliance Library Content:
    1. Use in Commercial Manner. You may not provide J. J. Keller Compliance Library Content to any party outside of your organization unless you have a Commercial Use License.
    2. Translations. You may not translate J. J. Keller Compliance Library Content into another language and J. J. Keller Compliance Library Content translated into another language is not considered a "Created Work."
    3. Substitute. You may not disseminate, publish or use J. J. Keller Compliance Library Content in a manner that would be competitive with, or substitute for, the purchase of additional Service Licenses by others in your organization. For example, you may not post J. J. Keller Compliance Library Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. Training On Demand ("TOD")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of Training on Demand. For purposes of this TOD Service License, "Student" means the individual completing any online training.
    1. Intent. The purpose of many of our online training courses and video-based training is to provide a general overview of the subject matter and to help you and Students comply with governmental training requirements. J. J. Keller's courses are intended to supplement your training. Ensuring that Students meet training requirements is ultimately your responsibility. You must also provide interactive, hands-on training (function-specific), company, or site-specific information, and additional testing. Students must check their company's policy regarding site-specific or hands-on training. Any questions, misunderstandings, or conflicts that Students may have with their employer's rules should be directed to the employer. Although many of our online training courses and video-based training programs are designed to meet federal regulations, you and Students are responsible for making sure that all training requirements, state, and local regulations, are being met.
    2. Certificate of Completion. A Certificate of Completion from J. J. Keller indicates that the Student has completed the requirements of an online course, which may include passing exams and spending the requisite amount of time in the course. A certificate from J. J. Keller does not guarantee that a Student possesses the minimum level of skills or knowledge regarding the subject matter. It is your responsibility to assess each Student's level of skill or knowledge and determine whether they are qualified to perform a specific job or function.
    3. Honor Code. J. J. Keller trusts in the integrity of the Student to observe the honor code. The honor code is based on the assumption that the Student will be honest when taking an exam. The Student agrees that only he or she will take the exams and complete required exercises and that the Student will not distribute or share exam questions or provide answers to other Students enrolled in a course.
  • Authorized Use of Training on Demand Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged Training on Demand content ("TOD Content") and works you create with TOD Content ("Created Works") within your organization as outlined in this TOD section. You may not, and may not permit others to, use the TOD Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate TOD Content in work you personally author to create Created Works. For example, in Created Works:
      1. You may use TOD Content – quizzes, worksheets, images, transparencies, and PowerPoint® presentations, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the TOD Content.
      2. The TOD Content mentioned in (i) above is the only TOD Content that may be used to create Created Works.
      3. You may post Created Works on your Intranet.
      4. You may copy, distribute, post or electronically transmit Created Works.
    3. Print TOD Content. You may print and copy TOD Content – instructor guides, trainer's bulletins, quizzes, worksheets, images, transparencies, and PowerPoint® presentations – for the sole purpose of training or communicating safety and/or compliance within your organization.
    4. Training Points. Your Service License allows you to purchase and use Training Points for the trainees of your organization only; this includes contractor and for-hire personnel. Training Points cannot be resold. Training Points expire after one year, or when your TOD license expires, whichever happens first. There will be no refund or credit for unused Training Points.
    5. Copyright Notices. You must retain copyright notices appearing with TOD Content. To use TOD Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of TOD Content includes:
    1. Use in Commercial Manner. You may not use TOD Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License Addendum.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit TOD Content as is in any format, including on your Intranet or learning management system, unless specifically noted above under Authorized Use of TOD Content.
    3. Translations. You may not translate TOD Content into another language and TOD Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use TOD Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post TOD Content on an intranet, learning management system or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. Employment Law Poster Management Center ("ELPMC")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of ELPMC.
  • Authorized Use of Employment Law Poster Management Center Content ("ELPMC Content") Includes:
    1. Print Newsletter. You may make a single printed copy of the newsletter ELPMC Content for your personal use. You may share the printed copy with others in your organization; however, others may not make additional copies of the newsletter ELPMC Content without a separate license from J. J. Keller.
    2. Print Certificate. You may make a printed copy of the ELPMC certificate for your company use.
    3. Save/Post. You may save ELPMC Content to your personal computing device(s), a shared network drive, or intranet. You may not post ELPMC Content to an Internet site or similar public location.
    4. Share. You may share ELPMC Content through electronic messaging means (email) with others in your organization.
    5. Copyright Notices. You must retain copyright notices appearing with ELPMC Content.
  • Restrictions and Unauthorized Use of ELPMC Content includes:
    1. Print Posters/Postings. You may not make a printed copy of an ELPMC poster or posting without a separate license from J. J. Keller.
    2. Incorporate into Other Uses. You may not incorporate ELPMC Content into documents, reports, training materials, or other applications.
    3. Use in Commercial Manner. You may not use ELPMC Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License.
    4. Copy and Distribute. You may not copy, distribute, post or electronically transmit ELPMC Content as-is in any format, unless specifically noted above under Authorized Use of ELPMC Content.
    5. Translations. You may not translate ELPMC Content into another language and ELPMC Content translated into another language is not considered a "Created Work."
    6. Substitute. You may not disseminate, publish or use ELPMC Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post ELPMC Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. Incident Center ("IC")
  • This Service License is solely for use by the individual identified in the Registration Information. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of IC.
  • Authorized Use of Incident Center Content Includes:
    1. Internal Use. Your Service License allows you to use unchanged Incident Center content ("IC Content") and works you create with IC Content ("Created Works") within your organization as outlined in this Incident Center section. You may not, and may not permit others to, use the IC Content to prepare work, documents or reports, etc. for any party outside of your organization unless you have a Commercial Use License Addendum which gives you these rights.
    2. Work Personally Authored. Your Service License allows you to incorporate IC Content into work you personally author to create Created Works. For example, in Created Works:
      1. You may use text – text and alerts, FAQs, corrective actions, regulations – in preparing reports, training material, etc. which you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the text. These materials are for internal use only; others may not re-purpose the output.
      2. You may post Created Works on your Intranet.
      3. You may copy, distribute, post or electronically transmit Created Works.
    3. Copyright Notices. You must retain copyright notices appearing with IC Content. To use IC Content copyrighted by another organization, contact us.
  • Restrictions and Unauthorized Use of IC Content includes:
    1. Use in Commercial Manner. You may not use IC Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License.
    2. Copy and Distribute. You may not copy, distribute, post or electronically transmit IC Content as-is in any format, including on your Intranet or other electronic messaging or posts.
    3. Translations. You may not translate IC Content into another language and IC Content translated into another language is not considered a "Created Work."
    4. Substitute. You may not disseminate, publish or use IC Content in a manner that would be competitive with, or substitute for, the purchase of additional licenses by others in your organization. For example, you may not post IC Content on an intranet, learning management system, or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.
  1. Encompass® Fleet Management System ("Encompass")
  • This Service License is for unlimited users within a company. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of Encompass.
  • Encompass Additional Terms and Conditions:
    1. Your Service License is solely for use within your organization as outlined in this Encompass section and only for those services for which you pay the applicable fee. Any other use is expressly forbidden.
    2. Upon registering for access to Encompass, you will designate an administrator person. J. J. Keller will provide you with a password and login name granting the administrator person permissions to Encompass. Your administrator person may authorize additional users to Encompass by creating logins and passwords assigning applicable permission levels.
    3. Services and Fees. You will receive a service fee quote from J. J. Keller through a proposal or during online sign-up. All fees are quoted in U.S. Dollars and valid for thirty (30) days from the date transmitted from J. J. Keller to you. If you register an account on Encompass, the quoted fees are incorporated herein by reference.
    4. Data. Any data that remains on Encompass after your access terminates will be permanently deleted from J. J. Keller's system after thirty (30) days. You are responsible for obtaining your Data from Encompass once you are aware that you will be terminating your use of it. If your access has been terminated for reasons other than your breach and you require J. J. Keller's assistance in obtaining your Data, you must request this assistance from J. J. Keller within fourteen (14) days of your access terminating to give J. J. Keller adequate time to assist prior to permanent deletion of your Data. J. J. Keller may provide this assistance upon such timely request and for an additional fee. Under no circumstance will J. J. Keller be liable for any of your Data that has been deleted from J. J. Keller's system. You acknowledge that you are responsible for exporting your Data, arranging for J. J. Keller to assist you, or organizing J. J. Keller to export your Data from J. J. Keller's system prior to permanent deletion.
  1. J. J. Keller's 2290online.com
  • This Service License is solely for use by the individual identified in the Registration Information and for internal business purposes only. In addition to these terms, J. J. Keller's full Terms of Use apply to your use of 2290Online.com.
  • 2290Online Terms and Conditions:
    1. Except as explicitly allowed hereunder, you may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any 2290Online content, in whole or in part, provided, however, that you may make a reasonable number of digital copies solely as required to permit your computer hardware and software to access, view and use 2290Online as allowed herein.
    2. Your Service License allows you to access and place orders through 2290Online.com for internal use only, or, if you are a tax preparer, on behalf of your client. You may create "self-prepared" tax returns that J. J. Keller will electronically transmit for you to the United States Internal Revenue Service ("IRS"). J. J. Keller does not offer tax advice or review or verify the data you enter. E-filed returns may be rejected for a variety of reasons. As such, J. J. Keller cannot guarantee that the IRS will accept your e-filed tax return. J. J. Keller may also transmit Your Data to the IRS as necessary to complete the e-filing of your tax returns through 2290Online.com.
    3. Services and Fees. The J. J. Keller fees applicable to each transaction are those fees specified on 2290Online.com at the time of your transaction. All fees are in U.S. Dollars. J. J. Keller may change its fees from time to time and changes are effective immediately upon posting on 2290Online.com.
    4. Payments. You are responsible for paying all fees and applicable taxes associated with using 2290Online.com. You agree to provide and maintain a current and valid credit card number and expiration date to J. J. Keller for the purpose of billing fees due. All fees are non-refundable. Failure to maintain current and valid credit card information will preclude you from filing any tax returns and may, at J. J. Keller's option, result in suspension or termination of your right to access or use 2290Online.com. Payment of taxes due the IRS for tax returns you e-file through 2290Online.com must be made via a method accepted by the IRS. You must provide such payment information to J. J. Keller in order to use 2290Online.com. That payment information will be transmitted to the IRS along with your tax return(s) e-filed through 2290Online.com. The IRS will separately charge you for any taxes due the IRS for those tax returns.
    5. Other Services. In conjunction with your implementation and/or use of 2290Online.com, J. J. Keller may provide you with certain professional services such as, but not limited to, data migration, configuration, and/or training services, as may be further described in a statement of work or otherwise. Unless you or J. J. Keller have entered into a separate written agreement covering such professional services, those services are provided pursuant to these Terms.
  1. Keller-Permits® Service
  • This Service License is solely for use by the individual identified in the Registration Information and for internal business purposes only.  In addition to these terms, J. J. Keller's full Terms of Use apply to your use of Keller-Permits.
    1. This Service License allows you to place temporary trip permits ("Trip Permit") orders online to be fulfilled by J. J. Keller. All Trip Permit orders are subject to these terms.
    2. Additional Fees. Service Fees do not include applicable state permit costs, which will be added to each order.
    3. Payment. Trip Permit orders must be prepaid unless you have been approved for open-account billing.
    4. You are responsible for providing J. J. Keller with reasonable notice of desired Trip Permit orders, as well as providing complete and accurate information to enable us to perform the service. J. J. Keller specifically disclaims responsibility for losses, damages, fines, penalties, or forfeitures resulting through the nonperformance of services due to your failure to timely fulfill your responsibilities in these terms, including but not limited to, paying for fees.
    5. Changes/Cancellations. Once you have placed an order it may not be possible for us to cancel or modify it and once a Trip Permit has been issued, it cannot be voided, cancelled, or changed. You should consider all orders NON-CANCELLABLE.
  1. J. J. KELLER® DATASENSE™ PLATFORM ("DS")
  • DS provides Managed Services subscribers with convenient access to information and documents pertaining to the Managed Services. Access to DS is only granted to authorized employees or agents of organizations who have entered into a related Services Agreement with J. J. Keller ("Clients"). J. J. Keller will establish unique accounts and passwords for each authorized user of a Client. Access to specific functions and content will be configured on a user-by-user basis by either J. J. Keller or Client authority based on mutually agreeable criteria. In addition to these terms, J. J. Keller's full Terms of Use apply to your access to, and use of, DS.
  • DS Terms and Conditions:
    1. Authorized for Internal Use. Your right to use DS is personal to you and your company. You may use forms, certificates, guidance documents ("DS Content") within your organization as outlined in this DS section. You may not, and may not permit others to, use DS Content to prepare work, documents or reports, etc., for any party outside of your organization.
    2. Work Personally Authored. You may incorporate DS Content into work that you personally author, but the new work may only be used internally. The new work may be posted on your intranet.
    3. You may not download DS Content and post it on your intranet or learning management system.     
    4. Information Security.  J. J. Keller is committed to protecting the documents and information it manages for its Clients ("Client Records"). Client Records are regarded as confidential and protected in accordance with J. J. Keller's information security policies. J. J. Keller takes reasonable steps to maintain physical, environmental, technical, and procedural safeguards to prevent confidential information from being accessed by unauthorized individuals. You are not permitted to access any functions or information that are not expressly authorized. You are responsible for treating all DS Content (including information obtained from DS) as confidential and protecting the information available within DS in accordance with all applicable laws, including data privacy and security laws.
    5. Ownership. Client owns Client Records, all other DS Content ownership remains with J. J. Keller or its licensors as outlined in Ownership section of Terms.
    6. Termination. Access to DS is dependent on your need to know and continued employment with your employer. Your access to DS shall terminate effective immediately upon either termination of your employment or a change in duties rendering your need for access unnecessary.
    7. Client Records. To the extent you provide information to J. J. Keller which is contained in Client Records or provided through DS, you represent and warrant that such information is accurate and that you will advise J. J. Keller if you become aware that any such information is inaccurate.
    8. Electronic Access Control. You agree to review your DS account on at least an annual basis and update access rights as necessary.

Eligibility/Permission to Register

To use our Services, you must be at least 18 years old or the age of majority in the state in which you reside. If you are providing personal information on an individual user's behalf, you represent and warrant that you have permission from that individual to do so and they will comply with these requirements. Registration binds the individual registrant ("Member") and the Member's associated organization to these Terms.

Registration Information

By accessing and registering to use our Sites or Services you agree to provide accurate, current and complete information about the Member as prompted by the registration form and to keep the Registration Information accurate, current and complete. If Registration Information is not accurate, current or complete, or if J. J. Keller has reasonable grounds to suspect that such information is not accurate, current or complete, J. J. Keller has the right to suspend or terminate access and refuse any and all current or future use of its Services by a Member, or the employer or organization employer or organization associated with the Member.

Ownership

All content published or assessible on our Sites and our Services, including without limitation, the text, site design, logos, trademarks, service marks, graphics, icons and images, videos, software, code, product reviews and other content, as well as the selection, assembly and arrangement thereof (collectively, "Content"), is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Copyright 2020, J. J. Keller & Associates, Inc. All rights reserved.

You acknowledge and agree that all proprietary rights in the Content, Sites and Services shall remain property of J. J. Keller or licensor and you do not acquire rights therein except as specifically provided through the limited license and applicable Service License(s) provided in these Terms. If you wish to use or copy J. J. Keller Content, please email us and include the following information: full name, company name, phone number, email address, description of Content, request/intended use.

Use of Our Sites and Services

  1. Restrictions. In connection with your use of the Sites and Services, you will not:
    1. use the Sites and Services other than as permitted in these Terms and will only use the Sites and Services for your personal use, unless expressly permitted otherwise by us;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Services, or any Content thereof;
    3. upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services, any computer software or hardware or telecommunications equipment;
    4. disassemble, reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Services;
    5. use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Sites or Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users;
    6. copy or adapt the object code of any software, HTML, JavaScript or other code;
    7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services;
    8. use the Sites or Services in any manner that in J. J. Keller's sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize them or undertake any acts not expressly permitted under the Terms;
    9. develop a service which is competitive with any of J. J. Keller's Services;
    10. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content;
    11. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason;
    12. exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
    13. except to the extent that you may regulate access of Members for your organization and your Data as you deem appropriate, restrict or inhibit any other Member from accessing and using the Sites or Services;
    14. undertake to use the Sites or Services in violation of any applicable law, regulation or generally accepted practices or guidelines ("Applicable Law") or take any action which would cause J. J. Keller to be in violation of any Applicable Law;
    15. use a Service in any manner that infringes the intellectual property or other rights of J. J. Keller or of another party;
  2. Your Credentials. If you use our Sites or Services, you are responsible for maintaining the confidentiality of the account and the password associated with it and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or from your IP address. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You may not allow others to access your Service License account using your username and password. You agree to notify J. J. Keller immediately of any unauthorized access to or use of your user name or password or any other breach of security. 

Personal and Internal Company Use Limitation

Our Sites and Services are for your personal and internal company use, unless prior permission has been granted by J. J. Keller or as otherwise specified in writing. You may not use any Site or Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of J. J. Keller in each instance, which permission will be at J. J. Keller's sole and absolute discretion. You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any product or Service) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting products or Services) or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, product, or Services obtained from or otherwise connected to our Sites or Services, in whole or in part.

If you wish to become an authorized reseller of J. J. Keller products, contact us.

Sharing Your Comments and Ideas

The Sites and Services may contain message boards, chat rooms, personal pages or profiles, forums, bulletin boards, comment sections and other interactive features that allow users to post, submit, publish, display, communicate, or transmit to other users, other persons, or J. J. Keller ("post") content or materials. All posted content or materials, ideas, comments, suggestions, techniques, reviews, testimonials, or questions submitted or provided to us by any means (collectively "Feedback"), is received by us and treated on a non-confidential and non-restricted basis. If you provide J. J. Keller with any Feedback, you grant J. J. Keller, and its licensees, an unrestricted, royalty-free, worldwide, transferrable, sublicensable, perpetual, irrevocable license to use, reproduce, display, perform, modify, create derivative works based on, sell, share, transmit, distribute and otherwise exploit the Feedback. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that J. J. Keller is not required to make any use of any Feedback that you provide. You agree that if J. J. Keller makes use of your Feedback, J. J. Keller is not required to credit or compensate you for your contribution, but use of your name, or your employer or organization's name, will be subject to your approval. You represent and warrant that you have all necessary rights in any Feedback that you provide to J. J. Keller to grant J. J. Keller and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.  You further understand and acknowledge that you are responsible for any Feedback that you submit or contribute, and you, not J. J. Keller, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to you or to any third party for the content or accuracy of any Feedback. 

Discussion Boards

The discussion board is a feature of certain Services that allows Members to post information, which may include electronic files, and allows other Members to download this content. You must be the author of anything you post or upload to a discussion board, or have permission to use the content you post, or the content you post must be in the public domain. You understand that other Members will have access to anything you post or upload to a discussion. J. J. Keller, at its sole discretion, reserves the right to remove postings or uploaded content and/or terminate the license of any Member who J. J. Keller believes has violated the terms or abused the intent of the Service License; including, but not limited to, posting profanities, hate speech, potentially libelous statements, marketing promotions or publishing third-party content without permission.

All discussion board files are scanned with virus software before they are posted to the Sites and Services. While J. J. Keller makes attempts to maintain files which are virus-free, J. J. Keller makes no warranty concerning the appropriateness or safety of such files. As with any file you download from the Internet, you must understand this risk, take precautions, and understand that J. J. Keller assumes no responsibility for any damages or liability, including but not limited to, hardware or software failure caused as a result of downloading an infected file. J. J. Keller does not control the content provided by any Member that is made available through the Sites or Services.

Third-Party Sites

Our Sites may contain links to third-party websites. These links are provided solely for your convenience J. J. Keller has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. J. J. Keller does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If you access any of the third-party websites linked from our Sites, you do so entirely at your own risk.

Linking to Our Sites

Any and all links to our Sites must be previously approved in writing by J. J. Keller, except where:

  1. the link is a text-only link containing only the name "J. J. Keller & Associates, Inc.®";
  2. when activated, the link will display our Site on the full screen and in a fully operable and navigable browser window and not within a "frame" on the linked third-party site;
  3. the appearance, position, and other aspects of the link may not create the false appearance that a third party or its activities, products, or services are endorsed by, associated with, or sponsored by J. J. Keller; and
  4. the appearance, position, and other aspects of the link do not damage or dilute the goodwill associated with the name and marks of J. J. Keller. You may not use our trademarks in metatags and/or hidden text. Any such use will be regarded by us as trademark infringement. The framing of any Content available through the Site or Services is strictly prohibited without prior written consent from J. J. Keller. J. J. Keller reserves the right to disable any unauthorized frames.

Monitoring

J. J. Keller reserves the right to monitor all network traffic to the Sites and Services and anyone using the Sites and Services expressly acknowledges that such monitoring may occur. J. J. Keller may block unauthorized attempts or intrusions to upload or change information or cause damage to Sites and Services in any fashion. You acknowledge that J. J. Keller has no general obligation to monitor content posted or uploaded by users of our Sites or Services ("User Content") nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to:

  1. operate, secure and improve the security of the Sites (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
  2. monitor users' compliance with these Terms;
  3. comply with Applicable Law or the order or requirement of a court, law enforcement, or other administration agency or governmental body;
  4. respond to User Content that it determines is harmful or objectionable; or
  5. as otherwise set forth in these Terms.

Your Data

You acknowledge that when you use the Site or Services, J. J. Keller may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Site or Services. The Site or Services may provide you with opportunities to share information about yourself with J. J. Keller and others.  All information that J. J. Keller collects through or in connection with the Site or Services (including, without limitation, de-identified and aggregated data) is further described in, and subject to, the J. J. Keller Privacy Policy and applicable law. By using the Site or Services, you consent to all actions taken by J. J. Keller with respect to your information in compliance with the J. J. Keller Privacy Policy.

Between you and J. J. Keller, any Client-owned data entered or uploaded by you, or by J. J. Keller on your behalf (such as company records, training results and activity, safety data sheet use and activity, and hazardous chemical data) is owned by you ("your Data").  You are solely responsible for your Data as posted, entered, uploaded, or otherwise transmitted to the Site or Services by you.
Only you can enter and edit your Data.

Term and Termination

  1. Effective Date. The Service License to any specific Service provided by us becomes effective on the earlier date of when you indicate acceptance of the Service License terms by submitting Registration Information, or by you logging in to the applicable Service. Regardless, you are bound by these Terms any time you use our Sites or our Services.
  2. Access. A license or access to any of our particular Services is subject to payment of the Service License fee for that particular Service as invoiced by J. J. Keller, or as otherwise specified for a particular Service.
  3. Term. The term of a Service License for a particular Service is for the length of time you indicated when paying the Service License fee ("Service License Term"). Should you choose to terminate any Service License prior to its expiration date of the Service License Term you will not be entitled to a refund. Some Service Licenses will automatically renew for twelve-month periods. Prior to any renewal invoice being issued, you will be contacted by us. In the event that you have entered into an auto-renew Service License, you must notify us that you do not want to review prior to renewal. When the Service License terminates, any information or Data that you have entered may no longer be accessible to you, and J. J. Keller does not guarantee that such information will be maintained or archived for access. If you wish to renew the Service License feel free to contact us or your specific Sales Representative.
  4. Termination.  Notwithstanding any of the above:
    1. J. J. Keller may terminate the Service License without cause on ten (10) days' notice (via email or otherwise) to you should any Service, its Content, or any component thereof, no longer be available for whatever reason. J. J. Keller reserves the right to make modifications to its Services, including without limitation, eliminating or adding functionality to its particular Services. However, should a particular Service no longer be available in any form, such termination may entitle you to a pro-rata refund.
    2. At J. J. Keller's sole discretion, J. J. Keller reserves the right to terminate the Service License of any Member who J. J. Keller believes, in its sole discretion has violated the Terms or any Service License and such termination does not entitle you to a refund of any Service License fees. J. J. Keller may, at its sole discretion, terminate access to the Site, without notice, if we believe you have in any way violated the Terms. Upon termination of a Service License for reasons other than your breach, at its discretion, J. J. Keller may use reasonable commercial efforts to assist you, at J. J. Keller's then standard fee for such services, in obtaining any of Your Data as may then be available on the Site or through the Services and transferring the same to a J. J. Keller-approved storage media, provided that you have provided J. J. Keller notice prior to the termination date to make such a transfer.

Payments

You are responsible for paying all fees and applicable taxes associated with your access to and use of the Services. If J. J. Keller sends you an invoice at the end of each billing period commencing as of the activation date of your account registration, such invoices are due net upon your receipt of the invoice. All late payments are subject to late payment fees equal to the lesser of 1.5% per month on any outstanding balance, or the maximum permitted by law. You will be responsible for all collection costs associated with the collection of late payments, including reasonable attorneys' fees. Invoicing on account is subject to credit approval. You may be required to provide and maintain a valid credit card for billing any recurring fees. Failure to pay any invoice when due or maintain a valid credit card may, at J. J. Keller's option, result in suspension or termination of your right to access or use of Services.

Changes to the Services and Fees

  1. Changes to Services. J. J. Keller reserves the right to change Services from time to time. Changes to Services are effective immediately upon posting notice of such changed Services within the Service, or upon sending separate written notice to you.
  2. Changes to Fees. J. J. Keller reserves the right to change Fees from time to time. You will be notified of fee changes at the time of renewal, or upon 30 days' written notice if the Service does not have a set renewal date.
  3. Changes at your option. You may also request changes in Service levels that may result in a different fee; such changes are effective immediately and are not subject to the thirty (30) day notice period mentioned above. You are responsible and liable to pay for all products and Services purchased by you, or your organization.

Purchasing Products and Services through our Sites

  1. Order Cancellations. J. J. Keller reserves the right, at its sole discretion, to refuse or cancel any order placed through our Site for any reason. Your Site or Service account may also be restricted or terminated for any reason, at J. J. Keller's sole discretion. For your convenience, you will not be charged or invoiced, as applicable, until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. J. J. Keller may also require additional verifications or information before accepting any order. J. J. Keller will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or other payment account has been charged, J. J. Keller will issue a credit to your credit card or other applicable payment account in the amount of the charge.
  2. Site Errors in Pricing and Descriptions. In the event that a product or service is listed at an incorrect price due to typographical errors or an error in pricing information, J. J. Keller shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. J. J. Keller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, J. J. Keller will immediately issue a credit to your account in the amount of the incorrect price. J. J. Keller attempts to be as accurate as possible with product descriptions. However, J. J. Keller does not warrant that product descriptions or other content of our Site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
  3. Special Promotions. Some restrictions apply to special promotions.

Limited Service Warranty

J. J. Keller warrants that it has the authority to convey the rights which are the subject of these terms and any service license provided to you. No other warranties are provided. The content provided on our sites and services is provided "as-is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Product Disclaimers

Other than as stated herein or in any express warranties shown with any product sold through the site or associated with the services, the products are sold as-is. J. J. Keller makes no other warranties about the performance of the products and disclaims all other warranties, express or implied, relating to the products, including without limitation any warranty of merchantability, fitness for a particular purpose or noninfringement. warranty for any product not manufactured by J. J. Keller, if any, is provided by the original manufacturer, not by J. J. Keller.

Site and Service Disclaimers

Neither J. J. Keller nor any party involved in creating, producing, servicing, updating or delivering the sites or services shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your or other users' access, use, or inability to use the sites or services or any third-party websites or services assessible from the sites, or any errors or omissions in the content on sites or services, or any such third-party sites or services, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. J. J. Keller makes no representation of any kind that the site or sevices will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

You acknowledge and agree that there may be interruptions in Sites or Service or events that are beyond J. J. Keller's control. While J. J. Keller uses reasonable efforts to keep the Sites and Services accessible, it does not guarantee, and shall have no liability for, any unavailability of the Sites or Services, or for failing to fulfill its obligations due to causes beyond its reasonable control. J. J. Keller does not control the security of the Internet or other networks you use to access the Sites or Services and it is not responsible for any data lost during transmission for any reason.

J. J. Keller may restrict the availability of the Sites or Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sites or Services. J. J. Keller may improve, enhance and modify the Sites and eliminate Services or introduce new Services from time to time without notice. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of J. J. Keller in providing its Services, is to cancel your account and/or stop using our Sites or Services. You agree that J. J. Keller shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Sites or Services.

The Sites, Services, and Content are designed to provide reasonably accurate and authoritative information regarding the subject matter covered. It is made available with the understanding that J. J. Keller is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of a competent professional should be sought.

Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the Content contained in the Sites and Services. J. J. Keller cannot and does not assume any responsibility or liability for loss, damage, or injury arising from omissions, errors, misprinting or ambiguity contained on the Sites or Services or the content of referral websites or the products and services which may be offered on referral websites.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You agree that any cause of action or claim that you may have relating to the sites or services must be made or instituted within one year of when the cause of action or claim accrued.

Limitations on Liability

By using the site or accessing or receiving information through the site, you agree that the liability of J. J. Keller arising out of any legal claim (whether in contract, tort or otherwise) in any way connected with the site will not exceed the fee you paid for the service over the twelve months prior to the incident.

Indemnification

You agree to defend, indemnify, and hold J. J. Keller, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites and Services and your violation of these Terms.

Injunctive Relief

You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of these Terms, including without limitation the terms of any Service License, and that such a breach may irreparably harm J. J. Keller and J. J. Keller is entitled, without limiting any of its other remedies at law or equity, to obtain injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.

Report Unauthorized Use or Copying/Digital Millennium Copyright Act Notice (U.S. only)

J. J. Keller takes claims of copyright infringement seriously. We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Unauthorized copying of software and Content is theft. Please reference our DMCA Notice information on how to report pirated content and software.

California Consumer Protection Act

You, and you on behalf of your employer or organization and any other individual who has acted on behalf of your employer or organization, represent and warrant compliance with, and continued compliance with, the California Consumer Protection Act ("CCPA") and all other applicable data privacy laws.  As between you and J. J. Keller, except as otherwise set forth in the sentence immediately below, with regard to all personal information, personal data and personally identifiable information as defined under any applicable data privacy law and all other information that relates to an identified or identifiable individual, which is obtained by J. J. Keller as a result of these Terms ("Personal Information"), you, and not J. J. Keller, is responsible for the provision of legally-compliant privacy notices to data subjects, compliance with data subject rights requests and compliance with all other obligations applicable to the data controller or collecting entity for such data.  J. J. Keller agrees to reasonably cooperate with you in the event that you require J. J. Keller's assistance in honoring data subject rights requests (to the extent applicable data privacy law affords such rights), subject to J. J. Keller's obligations at law and to third parties. You, and you on behalf of your employer or organization and any other individual who has acted on behalf of your employer or organization, represent and warrant that you have all necessary rights and permissions in order for you to provide Personal Information to J. J. Keller for the purposes described in these Terms. 

Miscellaneous

  1. Terms Binding on Successors. These Terms and any Service License shall be binding on and shall inure to the benefit of J. J. Keller and its heirs, administrators, successors and assigns.
  2. Waiver & Severability. No waiver by J. J. Keller or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Terms.
  3. Assignability. This License and the rights and obligations hereunder and any Service License, and the rights and obligations thereunder, may not be assigned by you or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of J. J. Keller; provided, however, that these terms and the rights and obligations hereunder and pursuant to any Service License shall be freely assignable by J. J. Keller.
  4. Changes to these Terms. J. J. Keller may change, revise, modify, add or remove any of these Terms at any time by updating this posting with a "last updated" date. You should visit this posting from time to time to review the then-current Terms because your continued use of our Sites or the Services after any changes to these Terms have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information, or the Sites.
  5. International Users and Governing Law. Our Sites are controlled, operated and administered by J. J. Keller from offices within the State of Wisconsin. J. J. Keller makes no representation that content on the Sites or Services are appropriate or available for use at locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Sites or Services or export any content in violation of U.S. export laws and regulations. If you access our Sites or Services from a location outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and of the State of Wisconsin, without giving effect to its conflict of laws' provisions.  Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in Milwaukee County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  6. Waiver of Class Action Rights and/or Claims. Please Read This Provision Carefully. It Affects Your Legal Rights. Neither you nor J. J. Keller shall be entitled to join or consolidate claims, bring claims on a non-individual basis, or arbitrate claims in a representative capacity, including without limitation as a representative member of a class, in a collective capacity, or in a private attorney general capacity, in connection with any dispute. There will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action. Unless both You and J. J. Keller agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative class proceeding.
  7. Survivorship. Notwithstanding the expiration or termination of these Terms, all rights, obligations, and remedies which accrued prior to the termination or expiration of a Site and Service License shall survive such termination or expiration to the extent necessary to carry out the intention of the parties.
  8. Contact Us. If you have any questions regarding the use of these Terms, our Sites, or Services please contact us. Or write us at: J. J. Keller, 3003 Breezewood Lane, Neenah, Wisconsin 54957-0368.
  9. Entire Agreement. These Terms, the J. J. Keller Privacy Policy, any Service License, as well as any other license you might enter into with J. J. Keller constitute the entire agreement between J. J. Keller and you with respect to your use of our Sites and Services. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.