No part of this application may be reprinted, reproduced, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage and retrieval system, without the express permission in writing from H & S Rescue, LLC.

The terms and conditions set forth below constitute a binding legal agreement between you, hereinafter referred to as “User” and H & S Rescue, LLC. hereinafter referred to as “ H & S Rescue” The user of H & S Rescue’s Confined Space Application, hereinafter referred to as “App”, and any current or future H & S Rescue related products, software, websites, and services, hereinafter referred to as “Services” is subject to these Terms and Conditions.

By downloading the App, the user is agreeing to be legally bound by these Terms and Conditions. These Terms and Conditions may be modified by H & S Rescue from time to time. The user downloading and/or using the App, or any future version of the App, after any such modifications are made, shall constitute the user’s consent to such modifications.

It is intended for use as a portable reference that can be carried with you at trainings, practice sessions, and incidents. It contains information readily available from Fed-OSHA. The App is meant to serve as a reminder of confined space rescue training, it is not a substitute for the thorough training needed to understand why things work, the limitations in equipment and systems, and the development of basic skills. It is important to remember that the App is a reference and should never be considered a substitute for training. Confined space entry and rescue, and related training are hazardous activities. Risk management is a result of experience, training, and good personal judgment. It is the user’s responsibility to obtain competent instruction, choose quality equipment, and use adequate safety procedures. It is incumbent upon the user to determine if the information referenced in the App is compatible with the user’s systems, techniques, protocols, regulations, guidelines, SOP’s/SOG’s, equipment, and level of training, and recognize that technical rescue is an evolving discipline and to stay current with new information, improvements in equipment, advances in techniques, and changes in standards, protocols, regulations, guidelines and/or SOP’s/SOG’s.

H & S Rescue gives the user a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App, subject to these Terms and Conditions. The user may not assign (or grant a sub-license of) rights to use the App, grant a security interest in or over rights to use the App, or otherwise transfer rights to use the App. The user may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof. The user agrees to use the Services only for the purposes that are permitted by these Terms and Conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). The user agrees not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). The user agrees that not to reproduce, duplicate, copy, sell trade or resell the Services, or any part thereof, for any purpose. The user agrees to be solely responsible for (and that H & S Rescue has no responsibility to the user or to any third party for) any breach of the user’s obligations under these Terms and Conditions and for the consequences (including any loss or damage which H & S Rescue may suffer) of any such breach.

The user acknowledges and agrees that H & S owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in these Terms and Conditions gives the user a right to use any of H & S Rescue’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. The user agrees not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. The user expressly understands and agrees that use of the services is at the user’s sole risk and that the services are provided “as is” and “as available”. Any material downloaded or otherwise obtained through the use of the services is done at the user’s own discretion and risk and that the user will be solely responsible for any damage to the user’s cell phone, computer or other device, and for any loss of data that results from the download of any such material.

H & S Rescue expressly disclaims all warranties of any kind relating to the services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In addition, H & S Rescue does not represent or warrant to the user that the use of the services will meet the user’s requirements and the use of the services will be uninterrupted, timely, secure or free from error, any information obtained by the user as a result of the use of the service will be accurate or reliable, or that defects in the operation or functionality of the App or any software provided to the user as part of the services will be corrected.

The user expressly understands and agrees that H & S Rescue shall not be liable to the user for any loss or any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the user, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. These limitations on H & S Rescue’s liability to the user shall apply whether or not H & S Rescue has been advised of or should have been aware of the possibility of any such liability arising.

These Terms and Conditions constitute the entire agreement between the user and H & S Rescue relating to the use of the Services, and completely replace any prior agreements between the user and H & S Rescue in relation to the Services.

The user agrees that if H & S Rescue does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which H & S Rescue has the benefit of under any applicable law), this will not be taken to be a formal waiver of H & S Rescue’s rights and that those rights or remedies will still be available to H & S Rescue.

Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions.

These Terms and Conditions, and the users relationship with H & S rescue under these Terms and Conditions, shall be governed by the laws of the State of California without regard to its conflict of law’s provisions. The user and H & S Rescue agree to submit to the jurisdiction of the courts located in the County of Ventura, State of California, and the user and H & S Rescue further agree that such courts shall have exclusive jurisdiction over any suit, claim, or cause of action arising out of or related to these Terms and Conditions. Notwithstanding this, the user agrees that H & S rescue shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The user agrees that H & S Rescue may or may not provide the user with notices, including those regarding modifications to these Terms and Conditions, by email, regular mail, or postings on the Services.