Acceptance of the Terms of Use

These terms of use are entered into by and between You and Pec/Premier Safety Operations, LLC (“Company”, “we” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of http://www.pecsafety.com and https://pecdata.com , (“website’) including any content, functionality and services offered on or through the Company’s website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use found at http://www.pecsafety.com/eula, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Terms of Use

This Website is provided by us pursuant to agreements between the Company and its clients. Access and use of this Website is only available to persons authorized by the Company or its clients.  If you are not an authorized user, you are not permitted to access and use the Website or in any manner view or copy any data from this Website.

The Company and its clients grant you a limited, personal, nontransferable, non- sublicensable, revocable license to (a) access and use only this Website, its content and services only in the manner presented, and (b) access and use this Website only in the manner expressly authorized and permitted by the Company. This Website along with the content and information contained herein may not be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re- transmitted in any form or by any means, resold or redistributed. You may not make, sell, offer for sale, modify, reproduce, display, import, distribute, retransmit or otherwise use the data, information or content of this Website in any way, unless expressly permitted to do so by the Company.

If you choose, or are provided with, a user name, password or any other information as part of the Company’s security procedures, you agree to keep such information confidential and to only use such information for its intended purpose. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website by allowing use of your user name, password or other security information. Any consultants, auditors or other individuals associated with clients of Company who require access to this website must obtain their own login credentials from Company. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other {N1456596 -} 2 personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time. You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Restrictions on Use

In addition to other restrictions set forth in these Terms of Use, you further agree that:

Your use of this Website will be in strict compliance with all applicable laws, rulings and regulations or in a manner that would not cause the Company or its clients to be in violation of any laws, rulings or regulations. You shall report to the Company any misuse, abuse, or compromise of any Personal Information (as defined herein) accessed from this Website of which you become aware.

You will not place any false or misleading information on this Website. You will not use or access this website and/or any service, information, and/or application provided by this website in a manner not expressly permitted by the Company. You will not input or upload to this Website any information which contains viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, this Website or information and/or that infringes the intellectual property rights of any other party. You may not use or access this Website in a way that, in the Company’s sole judgment, adversely affects the performance or function of the systems, and/or services of this Website or interferes with the ability of authorized parties to access the systems, and/or services of this Website.

“Personal Information’ shall refer to, without limitation, the following types of information: name, address, e-mail address, age, date of birth, telephone number, driver’s license information, passport information, TWIC card information, training records and certifications, social security number or similar government identification numbers, credit/debit card information, bank account information, logins, passwords, and medical or health records of an identifiable human being. With respect to access and use of a third party’s personal information, you confirm that you have obtained all necessary consents for the access, viewing, copying, transmitting and/or processing of any and all such personal information.

Access to the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.

Intellectual Property Rights

The Website and its entire contents, features and functionality 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.

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, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, 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 EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN A WRITTEN CONTRACT BETWEEN US OUR CLIENTS.

PEC SAFETY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND WEBSITE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; PEC SAFETY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON PEC’S WEBSITE LICENSED HEREUNDER IS TRUE, VALID, ACCURATE, COMPLETE, OR USEFUL. PEC SAFETY DOES NOT WARRANT THAT OWNER CLIENT’S USE OF PEC SAFETY’S SERVICES AND WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PEC SAFETY SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.