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Agreement
and Disclaimer This Agreement and Disclaimer for Operating Training (this "Agreement") is entered into between Certifyme.net Inc (the "Company") and the employer or other entity which is registering to use the training on this web site ("End User,") for its employees or other persons under the supervision of End User who will be operating Aerial Lifts, Scissor Lifts and Fall Protection ("Operators"). By registering to use this site where indicated herein, End User agrees to be bound by the terms and conditions of this Agreement. The Company is providing to End User, formal Operator training pursuant to Occupational Safety & Health Administration ("OSHA") Regulations for Powered Industrial Trucks, (Standards - 29 Code of Federal Regulations ("CFR") 1910.178(1) and ANSI/SIA A92.5 and A92.6. The purpose of this online trading provided by the Company is to assist End User in addressing and meeting compliance requirements set forth in the OHSA regulations regarding Powered Industrial Truck, Operator Training, 29 CFR -1910.178(l) and the ANSI standards. The Company has prepared this online training for the purpose of assisting End User in complying with such regulations in connection with its Operators. However, this online training is not sufficient in and of itself to complete training in the operation of Powered Industrial Trucks by Operators. The OSHA regulations require substantial additional practical training and evaluation by End User with respect to each Operator. See OSHA Regulation 29 CFR - 1910.178(1)(2)(iii). Further, the OSHA regulations provide that End User "shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safety". End User is solely responsible for ensuring its compliance with such regulations. Completion of this online training will not be sufficient to satisfy the OSHA or the ANSI regulations and End User will not be in compliance with OSHA and ANSI regulations simply by having Operators use the online training provided by the Company. In addition, the OSHA and ANSI regulations also impose additional requirements on End Users apart from Operator training in connection with the operation of Powered Industrial Trucks and Elevating Work Platforms. End User will assume any and all responsibility for ascertaining which of its personnel are required to undergo operator training, testing, and evaluations to reach and maintain compliance with OSHA. Such responsibility will include End User familiarizing its personnel with on-site hazards and conditions where Powered Industrial Trucks may be operating. End User agrees that it is solely responsible for determining with Operators are required to complete the necessary OSHA training and to ensure that each particular Operator has in fact completed all necessary training. End User agrees that neither the Company nor any of its officers, employees, members, affiliates, or agents shall have any liability or responsibility for End User's failure to comply with any OSHA or ANSI regulations including, but not limited to, the regulations regarding maintenance of records and operator testing or evaluation which are set forth in 29 CFR - 1019.178(l). End User agrees that it is solely responsible for ensuring its compliance with OSHA and all regulations promulgated by OSHA. By registering to use this site, End User hereby releases and agrees to indemnify, defend, and hold harmless the Company, and its officers, employees, members, affiliates, and agents, for, from, and against any and all liability, loss, damage, claim, threatened claim, or expense (including, without limitation, attorneys' fees) resulting from, arising out of, or in any way related to End User's failure to comply with OSHA regulations or any Operator's acts or omissions in connection with the operation or use of any Powered Industrial Trucks. Any and all certificates or licenses will also be the complete responsibility of End User.
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