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MyAgTrainer

"Trainings Without Meetings"

Terms of Service

Training Disclaimer, Employer Responsibilities, Limitation of Liability, Indemnification, and Certificates of Completion

1. Training Materials, Certificates, and Employer Responsibilities

MyAgTrainer provides workplace safety training, educational content, quizzes, certificates of completion, digital records, and related resources designed to assist employers in educating their workforce on workplace safety topics. The Services are intended to support an employer's safety program but are not a substitute for the employer's legal responsibility to maintain a safe workplace and comply with all applicable federal, state, and local laws and regulations.

The content provided through MyAgTrainer is for educational and informational purposes only and is not intended to constitute legal, regulatory, engineering, or other professional advice. MyAgTrainer is not endorsed, approved, sponsored, or certified by the California Division of Occupational Safety and Health (Cal/OSHA), the Occupational Safety and Health Administration (OSHA), or any other governmental or regulatory agency.

Employers remain solely responsible for identifying workplace hazards, conducting required hazard assessments, implementing and enforcing safety policies, providing site-specific and equipment-specific instruction, supervising employees, supplying appropriate personal protective equipment, maintaining required records, and complying with all applicable workplace safety laws and regulations.

Because every workplace is different, employers are responsible for supplementing MyAgTrainer's training with any additional instruction, demonstrations, hands-on training, supervision, evaluations, or retraining required by law or necessary for their specific operations.

A MyAgTrainer certificate of completion verifies only that a user completed the assigned training module and any associated quiz within the MyAgTrainer platform. A certificate of completion does not certify or guarantee an employee's competency, qualifications, skill level, safe work practices, or compliance with applicable laws or regulations. Employers are solely responsible for determining whether an employee is qualified and competent to safely perform assigned job duties.

Although MyAgTrainer makes reasonable efforts to provide accurate, current, and useful training materials, MyAgTrainer makes no warranties or representations, express or implied, regarding the accuracy, completeness, reliability, or applicability of any content for a particular workplace, operation, or circumstance. Workplace safety requirements and applicable laws may change over time.

By using the MyAgTrainer platform, the Customer acknowledges and agrees to these terms and accepts full responsibility for implementing and maintaining a workplace safety program that complies with all applicable laws and regulations.

2. Limitation of Liability

To the fullest extent permitted by applicable law, MyAgTrainer, its owners, officers, directors, employees, contractors, affiliates, licensors, and content providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of, inability to use, or reliance upon the MyAgTrainer platform or any Training Materials, whether based on contract, tort (including negligence), strict liability, or any other legal theory.

This limitation includes, without limitation, claims arising from personal injury, illness, death, property damage, equipment damage, lost profits, lost business opportunities, business interruption, regulatory citations, fines, penalties, legal expenses, or any other losses allegedly resulting from the use of the Services.

The Customer acknowledges that MyAgTrainer provides educational training tools only and does not supervise employees, inspect workplaces, evaluate jobsite hazards, control workplace conditions, or direct employee work activities. Responsibility for workplace safety, legal compliance, employee supervision, and hazard correction remains solely with the Customer.

If, notwithstanding the foregoing, MyAgTrainer is found liable for any claim arising out of the Services, the Customer agrees that MyAgTrainer's total cumulative liability shall not exceed the amount of subscription fees actually paid by the Customer to MyAgTrainer during the twelve (12) months immediately preceding the event giving rise to the claim.

3. Indemnification

The Customer agrees to defend, indemnify, and hold harmless MyAgTrainer, its owners, officers, employees, contractors, affiliates, licensors, successors, and assigns from and against any and all claims, demands, lawsuits, actions, liabilities, damages, judgments, penalties, fines, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

(a) the Customer's use of the MyAgTrainer platform;

(b) the Customer's failure to comply with any applicable federal, state, or local law, regulation, or workplace safety requirement;

(c) workplace injuries, illnesses, fatalities, property damage, or regulatory investigations involving the Customer or its employees;

(d) the Customer's failure to provide adequate supervision, site-specific training, equipment-specific instruction, hazard assessments, or other legally required safety measures; or

(e) the Customer's breach of these Terms of Service.

The Customer acknowledges that MyAgTrainer does not control the Customer's workplace, employees, supervisors, equipment, or operations and therefore cannot assume responsibility for workplace conditions or the actions of the Customer or its employees.

4. Certificates of Completion

Certificates issued by MyAgTrainer verify only that the identified user completed the assigned training module and any associated quiz through the MyAgTrainer platform.

A certificate of completion is not a certification of competency, qualification, proficiency, or legal compliance and shall not be construed as evidence that an employee is capable of safely performing any particular job task or operating any equipment.

The employer is solely responsible for determining employee competency, providing required hands-on and site-specific training, evaluating employee performance, and authorizing employees to perform assigned work.