CLIMATE SAFETY CENTER (CSC)

TERMS OF USE

Effective Date: APRIL 1, 2026


IMPORTANT – PLEASE READ CAREFULLY.

BY CLICKING “I AGREE,” ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.



These Terms constitute a binding agreement between Climate Safety Center (“CSC,” “we,” “our,” or “us”) and the enrolling employer (“Employer,” “you,” or “your”).

  1. AUTHORITY
  2. You represent and warrant that you have full legal authority to bind the Employer to these Terms.
  3. SERVICES
  4. CSC provides SMS-based safety training reinforcement, environmental safety alerts (including heat and wildfire smoke alerts), instructional video content, training participation records, and related documentation (the “Services”).

The Services are informational tools only and are not a substitute for workplace supervision, environmental monitoring, safety programs, regulatory compliance systems, or legal advice.

  1. NO DUTY; EMPLOYER RESPONSIBILITY
  2. CSC:
  • Does not supervise worksites or employees
  • Does not monitor environmental or exposure conditions in real time
  • Does not inspect, assess, or evaluate site-specific hazards
  • Does not issue operational directives
  • Does not guarantee compliance with Cal/OSHA or any regulation
  • Does not assume any duty of care toward Employer or its employees

Employer retains sole responsibility for:

  • Workplace safety compliance
  • Environmental monitoring
  • Exposure assessment
  • Implementation of engineering, administrative, and PPE controls
  • Operational decision-making
  • Employee supervision

Training records and certificates are documentation tools only and do not constitute proof of compliance.

  1. SMS COMMUNICATIONS; TCPA COMPLIANCE
  2. Employer represents and warrants that:
  • It has obtained prior express consent from each participating worker to receive SMS messages.
  • Consent complies with the Telephone Consumer Protection Act (47 U.S.C. § 227), FCC regulations, and all applicable laws.
  • Consent was voluntary, documented, and not improperly conditioned.
  • Employer has lawful authority to provide mobile numbers to CSC.

Employer acknowledges messages may be sent using automated technology. Message frequency varies. Standard carrier message and data rates may apply. Workers may opt out by replying STOP.

Employer is solely responsible for consent compliance and agrees to indemnify CSC for any claim arising from consent deficiencies, reassigned numbers, or related violations.

  1. DATA PROCESSING; CCPA STATUS
  2. CSC acts as a “Service Provider” (or “Processor,” where applicable) under applicable privacy laws, including the California Consumer Privacy Act (CCPA/CPRA). CSC processes personal information solely to provide the Services and does not sell or share personal information as defined by law.

Employer represents it has provided all legally required privacy notices and obtained necessary permissions to share employee information.

  1. INDEPENDENT CONTRACTOR
  2. CSC is an independent contractor. Nothing creates an agency, joint venture, partnership, joint employer relationship, or fiduciary duty.
  3. DISCLAIMER OF WARRANTIES
  4. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

CSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.

CSC DOES NOT WARRANT REAL-TIME DELIVERY, DATA ACCURACY, OR UNINTERRUPTED SERVICE.

  1. LIMITATION OF LIABILITY
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

CSC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, REGULATORY PENALTIES, PERSONAL INJURY, OR PROPERTY DAMAGE.

CSC’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

(A) AMOUNTS PAID BY EMPLOYER TO CSC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR

(B) ONE THOUSAND DOLLARS ($1,000).

  1. INDEMNIFICATION
  2. Employer shall defend, indemnify, and hold harmless CSC and its officers, directors, employees, contractors, and affiliates from any claims, damages, penalties, regulatory actions, losses, and expenses (including attorneys’ fees) arising from:
  • Employer’s operational decisions
  • Workplace injuries or exposure
  • Regulatory violations
  • SMS consent failures
  • Misuse of the Services
  • Breach of these Terms
  1. FORCE MAJEURE
  2. CSC shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, wildfires, telecommunications failures, carrier disruptions, governmental actions, labor disputes, or data source interruptions.
  3. DISPUTE RESOLUTION – BINDING ARBITRATION
  4. PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR RIGHTS.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Arbitration shall occur in California.

Delegation Clause:

The arbitrator shall have exclusive authority to determine arbitrability and enforceability of this arbitration provision.

Class Action Waiver:

All claims must be brought individually. The parties waive any right to participate in class, collective, consolidated, or representative actions.

Jury Trial Waiver:

The parties waive any right to a jury trial.

  1. CALIFORNIA CIVIL CODE §1542 WAIVER
  2. Employer expressly waives rights under California Civil Code §1542, which states that a general release does not extend to unknown claims.
  3. TIME LIMIT TO BRING CLAIMS
  4. Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred.
  5. SUSPENSION AND TERMINATION
  6. CSC may suspend or terminate access at any time. Sections concerning arbitration, indemnification, limitation of liability, and other protective provisions survive termination.
  7. MODIFICATIONS
  8. CSC may modify these Terms at any time. Continued use after updates constitutes acceptance of revised Terms.
  9. ASSIGNMENT
  10. CSC may assign these Terms without restriction. Employer may not assign without CSC’s written consent.
  11. NO THIRD-PARTY BENEFICIARIES
  12. These Terms create no third-party beneficiary rights.
  13. ENTIRE AGREEMENT
  14. These Terms constitute the entire agreement between the parties and supersede all prior agreements or communications regarding the Services.

If you do not agree, do not use the Services.