Website Terms of Use

Before you begin

• These Website Terms of Use ("Terms") are a legally binding agreement between you and Qaliber Learning LLC ("Qaliber," "we," "us"). By using qaliberlms.com, qaliberlearning.com and their pages (the "Site"), you agree to them. If you don't agree, please don't use the Site.
• These Terms cover the Site only. QaliberLMS and Qaliber Safety are provided under a separate agreement between Qaliber and each customer, and that agreement governs those services.
• The Site is general information. It isn't legal, safety or compliance advice.
• Some sections limit our liability, disclaim warranties and require arbitration. Please read them carefully.

Please note: these Terms include a binding arbitration agreement and a class action waiver. They require you to arbitrate disputes with us individually, and you give up the right to a jury trial and to take part in a class action. See "Arbitration, class action waiver and jury trial waiver" below, including how to opt out.

Who we are and what these Terms cover

Qaliber Learning LLC is the company behind QaliberLMS and Qaliber Safety. The Site is for information and marketing. It's where you learn about our products, read about training, safety and compliance, and ask our team for a demonstration or a price.

These Terms govern how you browse the Site and use its forms and tools. They don't govern QaliberLMS, Qaliber Safety or any other paid service. If you're a customer, your service agreement with us governs those services. If that agreement and these Terms conflict, the service agreement controls for the services and these Terms control for the Site.

Submitting a form, requesting a demo or a price, or talking with our team doesn't create a contract for our services. Only a signed agreement or order form does that.

Other terms that apply

These Terms work together with our Website Privacy Notice, which explains how we handle the information you share with us, and our Cookie Policy, which lists the cookies and similar technologies the Site uses.

Eligibility and your responsibilities

To use the Site's forms, you must be at least 18 years old, or the age of majority where you live. When you use the Site, you agree that:

• you'll follow the laws that apply to you;
• the information you give us is accurate and complete, including a work email address where you can receive mail, and you won't submit requests in someone else's name;
• if you submit a form on behalf of a company, you're allowed to share the details you provide; and
• you're responsible for the devices, software and internet connection you use to reach the Site, and for making sure anyone using the Site through your connection follows these Terms.

Site availability and changes

We may change, pause or remove any part of the Site, or the whole Site, at any time and without notice. We may also limit access to parts of the Site while we perform maintenance, launch new features or deal with security or performance issues. We aren't liable if the Site, or any part of it, is unavailable at any time or for any period.

We update Site content from time to time, but it may not always be complete, accurate or current. Some material is illustrative or historical, and some may be out of date after it's posted. We're not obligated to update any particular material.

Information you provide

When you request a demo or a price, or contact us, we handle your information as described in our Website Privacy Notice. If you send us ideas, suggestions or feedback about our products, you agree we may use them without any obligation to you.

Prices, product descriptions and regulatory information

A price or quote from the Site, including one from the pricing calculator and the copy we email you, is for planning. It becomes a binding price only when it appears in an order form or purchase agreement that both parties sign. Organizations with more than 10,000 employees are priced individually.

We describe our products as accurately as we can, but they change over time. Product images, screens, interactive demonstrations and examples use sample data and are for illustration, not your organization's results. Anything marked "In development" or "Coming soon" describes work in progress and isn't a promise of a feature, a date or a price.

The Site discusses training, workplace safety and compliance, and refers to regulations, agencies and standards, such as those of OSHA, MSHA and DOT, as examples. That material is general information, not legal, safety or compliance advice, and it may not reflect the latest rule changes. Work with your own counsel or safety and compliance professionals to decide what applies to your organization. Our references to an agency or a regulation don't mean that agency endorses Qaliber.

Any reliance you place on information from the Site is at your own risk.

AI features described on the Site

The Site describes AI features in our products, such as recommended regulations, drafted courses and forms, and summaries of your data. Those features are there to help your team. Their output is a starting point for your team to review, not professional advice and not a final decision about what your organization must do.

How AI features work in our products, and how data in them is handled, is governed by your service agreement with us.

Our content and how you may use it

The Site and everything on it, including text, images, graphics, video, code and design, belongs to Qaliber or its licensors and is protected by copyright, trademark and other laws. We give you a limited, personal, revocable license to use the Site for your own information or to evaluate our products for your organization. Under that license, you may:

• view pages, and let your browser store temporary copies as it normally does;
• print or download a reasonable number of pages for your own or your organization's internal use; and
• share links to Site pages.

You may not copy, republish, distribute, sell, modify or create works based on Site content beyond that without our written permission. Please don't remove copyright or trademark notices, or use images or video apart from the text that goes with them. If you use the Site in a way these Terms don't allow, your right to use it ends right away, and we may ask you to destroy any copies you've made. We keep all rights we don't expressly give you.

Trademarks

"QaliberLMS," "Qaliber Safety," "Qaliber," "Q" and the Q logo, and related names, logos and slogans, are trademarks of Qaliber Learning LLC. Don't use them without our written permission, or in a way that suggests we endorse you or your product. Other names and logos on the Site belong to their owners.

Prohibited uses

You may use the Site only for lawful purposes and in line with these Terms. You agree not to:

• break any law while using the Site, including export laws;
• scrape, crawl or copy the Site with a robot, spider or other automated tool, except through standard search-engine indexing;
• use Site content to train an AI model or to build a competing product;
• impersonate Qaliber, one of our employees or anyone else, or misrepresent who you are or who you work for;
• submit false, abusive or automated form entries, or use our forms to send spam or other unsolicited messages;
• introduce viruses, malware or any other harmful code;
• try to gain unauthorized access to the Site, its servers or any system connected to it;
• attack the Site with a denial-of-service attack or similar method, or try to get around its security or bot protection; or
• do anything that overloads, damages or disrupts the Site, or interferes with anyone else's use of it.

We may block or restrict access for anyone we reasonably believe is breaking these Terms, and we may report suspected illegal activity to law enforcement.

Reporting a security issue

If you find a vulnerability on the Site, email [email protected] with enough detail for us to reproduce it. Please don't access data that isn't yours, run destructive tests, or disclose the issue publicly before we've had a reasonable chance to fix it.

Copyright complaints

If you believe material on the Site infringes your copyright, send a notice to our designated agent: Copyright Agent, Qaliber Learning LLC, 7533 S Center View Ct #5028, West Jordan, UT 84084, USA, [email protected]. Our agent is registered with the U.S. Copyright Office under DMCA-1083039. Email is the fastest way to reach our agent.

Under 17 U.S.C. § 512(c)(3), your notice must include:

• your physical or electronic signature;
• identification of the copyrighted work you say was infringed;
• identification of the material on the Site you say is infringing, such as a page address;
• your name, address, telephone number and email address;
• a statement that you have a good-faith belief the use isn't authorized by the copyright owner, its agent or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act for the owner.

Links to and from the Site

Linking to us. You're welcome to link to the Site, as long as the link is fair and legal and doesn't suggest a partnership or endorsement that doesn't exist. Don't frame the Site or display it as part of another website. We may withdraw permission to link at any time.

Linking from us. The Site links to other websites, such as our other Qaliber websites, our LinkedIn page and agency websites, for your convenience. We don't control sites we don't operate and aren't responsible for their content, policies or practices. If you visit one, its own terms and privacy policy apply.

Using the Site outside the United States

We're based in the United States, and the Site is intended for organizations here. We don't promise that the Site, its content, or the products it describes are appropriate or available everywhere. If you use the Site from somewhere else, you do so on your own initiative and you're responsible for following local law.

Disclaimers

The Site, its content, and anything made available through it are provided "as is" and "as available," without warranties of any kind. To the fullest extent the law allows, we disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We don't promise that the Site will be accurate, complete, current, error-free or uninterrupted, that errors will be fixed, or that the Site or its servers are free of viruses or other harmful components. Keep your own security software and backups in place. Your use of the Site is at your own risk.

Nothing in these Terms limits a warranty or right that the law doesn't allow us to limit.

Limitation of liability

To the fullest extent the law allows, Qaliber and its affiliates, licensors, service providers, officers, employees and agents won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from or relating to the Site or these Terms, even if we were told such damages were possible. Because the Site is free, our total liability for all claims relating to the Site or these Terms is limited to 100 U.S. dollars.

These limits apply whatever the legal theory, whether contract, tort or anything else. They don't apply to liability that the law doesn't allow us to limit.

Indemnification

You agree to defend, indemnify and hold harmless Qaliber and its affiliates, licensors and service providers, and their officers, employees and agents, from any claims, losses, damages, costs and expenses, including reasonable attorneys' fees, that arise from your breach of these Terms or your misuse of the Site, except to the extent a claim is caused by Qaliber. We may take over the defense of any such claim at our own expense, and if we do, you agree to cooperate with us.

Governing law and courts

These Terms, and any dispute about them or the Site, are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. For any dispute that isn't arbitrated under the next section, the state and federal courts in Salt Lake County, Utah, have exclusive jurisdiction, and you agree to their jurisdiction. Before filing any claim, send us written notice describing the dispute and give us 30 days to try to resolve it in good faith.

Arbitration, class action waiver and jury trial waiver

Arbitration. To the fullest extent the law allows, you and Qaliber agree to resolve any dispute arising from or relating to these Terms or the Site through binding individual arbitration, not in court. The American Arbitration Association will administer the arbitration under its applicable rules. The arbitration will take place in Salt Lake County, Utah, or by video, and will be conducted in English. The arbitrator may award any remedy a court could award, and any court with jurisdiction may enter judgment on the award. Each side pays its own attorneys' fees unless the arbitrator or the rules provide otherwise.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. We may also ask a court for an injunction to stop misuse of the Site or infringement of our intellectual property. If the law where you live doesn't allow mandatory arbitration for a type of dispute, that dispute may go to the courts named above.

Class action waiver. You and Qaliber may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine claims of more than one person. If a court finds this waiver unenforceable for a particular claim, that claim alone goes to court, and the rest of this section still applies.

Jury trial waiver. To the extent the law allows, you and Qaliber each give up the right to a jury trial for any dispute that goes to court.

Opting out. You can opt out of this arbitration agreement by sending written notice to [email protected] or to the mailing address below within 30 days after you first use the Site, or within 30 days after we add this section, whichever is later. Include your name and a statement that you're opting out of arbitration.

Time to bring a claim. To the extent the law allows, any claim relating to these Terms or the Site must be brought within one year after it arises, or it's permanently barred.

General terms

If we don't enforce part of these Terms, we haven't waived our right to enforce it later. If a court or arbitrator finds any part of these Terms unenforceable, that part will be limited or removed only as much as needed, and the rest stays in effect. You may not transfer your rights under these Terms. We may transfer ours, for example to a successor in a merger or acquisition.

These Terms, together with our Website Privacy Notice and Cookie Policy, are the entire agreement between you and Qaliber about the Site. They replace any earlier understandings about the Site. Any service agreement you sign with us stands alongside them and governs our services. Nothing in these Terms waives consumer rights that the law doesn't allow to be waived.

Changes to these Terms

We may update these Terms as the Site changes. The date at the top shows the latest version, and the updated Terms apply from that date. If you keep using the Site after an update, you accept the updated Terms.

Contact us

Questions about these Terms: [email protected]
Sales: [email protected] or 1-888-790-1108
Mail: Qaliber Learning LLC, 7533 S Center View Ct #5028, West Jordan, UT 84084, USA