TeamTrain Terms of Service

TERMS OF SERVICE
(the “Terms of Service”)

We welcome you to the HazCom GHS TEAM TRAIN. If you are located in Canada, these Terms of Service are an
agreement between you and INCOM Manufacturing Group Ltd. If you are located in the United States,
these Terms of Service are an agreement between you and INCOM Manufacturing Group Inc. In both
cases, we will refer to ourselves as INCOM and provide you with the services of the HazCom GHS TEAM TRAIN
subject to the following terms of service. In the Terms of Service “you” and “your” will refer to and
apply to you or if you are agreeing to these Terms of Service on behalf of a business or organization,
then “you” and “your” refers to the business or organization.

We let you use the HazCom GHS TEAM TRAIN to provide online courses to others including your employees,
students, or otherwise. If you are an Administrator, you must make sure that all Students that access the
courses are given, comply with, and accept terms between you and the Students that incorporate these
terms that apply to you.

1. What Is This Document?
These Terms of Service govern your interaction with and use of the HazCom GHS TEAM TRAIN. By using the HazCom GHS
TEAM TRAIN you are agreeing to be bound by these Terms of Service and to use the HazCom GHS TEAM TRAIN in
accordance with them. If you agree to the Terms of Service on behalf of a business or organization, you
represent and warrant that you have the authority to bind that business or organization and that the
business or organization will be bound by these Terms of Service. If you do not accept these Terms of
Service, in whole or in part, you are not permitted to use the HazCom GHS TEAM TRAIN.

2. What Type of License Do I Get to Use the HazCom GHS TEAM TRAIN?
INCOM grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the HazCom GHS
TEAM TRAIN subject to the restrictions set forth in these Terms of Service.

3. Are There Conditions To Using The HazCom GHS TEAM TRAIN?
These Terms of Service limit INCOM’s liability and obligations to you. You agree that you grant to INCOM
certain rights and allow INCOM to change, suspend, and terminate your access to and use of the HazCom GHS
TEAM TRAIN. You agree that your access to and use of the HazCom GHS TEAM TRAIN is expressly conditional on
your compliance with these Terms of Service.

4. What Types Of Accounts Are Available?
Currently HazCom GHS TEAM TRAIN offers two types of user accounts: Student and Administrator.

5. Are There Any Fees To Use the HazCom GHS TEAM TRAIN? If So, How Do I Pay?
Fees will be paid by each HazCom GHS TEAM TRAIN Administrator to allow Students to use the HazCom GHS TEAM TRAIN.
INCOM reserves the right, at any and all times, to change or impose any fees for access to and use of
the HazCom GHS TEAM TRAIN. In the event that there are any changes in fees, including, but not limited to, the
imposition of fees for previously free Services, INCOM will give you advance notice of such fees and the
opportunity to cancel any existing account before such charges are imposed. Fees and charges shall be
paid at the rates in effect for the billing period in which such fees and charges are incurred. You will pay
all applicable taxes relating to the use of the HazCom GHS TEAM TRAIN through your account.

6. Will This Agreement Change?
INCOM shall have the right at any time to change or modify these Terms of Service, in whole or part.
Such changes, modifications, additions or deletions shall be effective immediately once you have been
given notice, which may be given by any means including, but not limited to, posting on the HazCom GHS TEAM
TRAIN, or by electronic or conventional mail, or by any other means by which you obtain notice of the
changes. Any use of the HazCom GHS TEAM TRAIN by you after such notice shall mean that you accept such
changes, modifications or additions. If you do not agree to any changes or revisions to these Terms
of Service, you may not use the HazCom GHS TEAM TRAIN and are to discontinue use of the HazCom GHS TEAM TRAIN
immediately.

7. How Do I Keep My Account Secure?
You will require a password to access your account. You are responsible for safeguarding your password
and you agree not to disclose it to any third party. You agree to take sole responsibility for all activities
and actions which occur under your password, regardless of whether you have authorized such activities
or actions. You agree to notify INCOM immediately of any suspicious or unauthorized use of your
account or password.

8. What Intellectual Property Belongs to INCOM?
All rights, title and interest in and to the HazCom GHS TEAM TRAIN are the exclusive property of INCOM,
including, but not limited to, all IP Rights related to the HazCom GHS TEAM TRAIN. For these Terms of Service,
“IP Rights” means, all worldwide patent, trade-mark, copyright rights, common-law rights, trade secret
rights, and any and all related rights. This rule applies even if INCOM incorporates any or all of your
comments, recommendations, and suggestions you make to HazCom GHS TEAM TRAIN into the development of
the HazCom GHS TEAM TRAIN.

You acknowledge that you will not earn or acquire any rights, licenses in the HazCom GHS TEAM TRAIN or in any
IP Rights of INCOM on account of these Terms of Service or your performance under these Terms of
Service.

Except as expressly permitted by these Terms of Service, you may not copy, frame, download, rent,
lease, loan, assign, license, sublicense, reverse engineer, reproduce, modify or prepare derivative works
based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use, the
HazCom GHS TEAM TRAIN. The HazCom GHS TEAM TRAIN and content within the HazCom GHS TEAM TRAIN are protected by
Canadian, United States and international copyright laws. Without the prior consent of INCOM and the
copyright owner, no copying, redistribution, retransmission, publication or commercial exploitation of
any content on and from the HazCom GHS TEAM TRAIN will be permitted.

“INCOM” and any logos, designs, titles, phrases, trade dress, or product names, which may appear on
the HazCom GHS TEAM TRAIN are trademarks or registered trademarks of INCOM. All other trademarks not
owned by INCOM appearing on the HazCom GHS TEAM TRAIN are the property of their respective owners and
whose entire rights are reserved. You agree not to display or use any trademarks appearing on the HazCom GHS
TEAM TRAIN without the prior written permission of INCOM.

9. How Will You Communicate With Me?
You agree to provide us with a valid email address to which you have regular access, and to notify us of
any changes with respect to your contact information.

You expressly consent and agree to allow us to send you email messages in order to communicate any
information with regard to the HazCom GHS TEAM TRAIN and your use of the HazCom GHS TEAM TRAIN.

You agree that communication to you by way of email or by posting on the HazCom GHS TEAM TRAIN in respect
of any agreements, such as these Terms of Service, disclosures, notices, and related communications,
satisfies any requirement at law that such communications be in writing.

10. Are There Any Other Prohibitions To What I Can Do With The HazCom GHS TEAM TRAIN?
You agree that you will not do or engage in any of the following while using the HazCom GHS TEAM TRAIN:

• Access, tamper with, or use non-public areas of the HazCom GHS TEAM TRAIN
• Attempt to probe, scan, or test the vulnerability of any system or network or breach any security
or authentication measures;
• Attempt to access or search the HazCom GHS TEAM TRAIN with any engine, software tool, agent, device
or mechanism other than the software or search agents provided by INCOM or other generally
available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Google
Chrome, Opera, or Safari), including, but not limited to, browser automation tools;
• Attempt to decipher, decompile disassemble or reverse engineer the HazCom GHS TEAM TRAIN or any of
the software code used by and for the HazCom GHS TEAM TRAIN;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including,
but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the HazCom GHS
TEAM TRAIN; or plant malware, including, but not limited to, spiders, crawlers and bots, on
INCOM’s computer system, those systems of INCOM’s providers, the HazCom GHS TEAM TRAIN, or
otherwise use the HazCom GHS TEAM TRAIN to attempt to distribute malware;
• Impersonate or misrepresent your affiliation with a person or entity;
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access
to the HazCom GHS TEAM TRAIN; and
• Employ automated software programs to access the HazCom GHS TEAM TRAIN.

The prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and
any other activity intended to collect, store, re-organize, summarize or manipulate any content on the
HazCom GHS TEAM TRAIN.

INCOM will have the right to monitor, investigate and prosecute violations of any of the above,
including, but not limited to, the infringement of IP Rights and the HazCom GHS TEAM TRAIN security issues, to
the fullest extent of the law. INCOM has the right to involve and cooperate with any law enforcement
authorities in prosecuting those who violate these Terms of Service.

11. What Data Do You Store and How Long Do You Store It?
The HazCom GHS TEAM TRAIN keeps certain data relating to each Student user of the HazCom GHS TEAM TRAIN including
username, password, and course completion data. An e-mail address and name may also be associated
with each account. An Administrator account has access to the Student user data only for Student
accounts assigned to the Administrator. Sata will be stored for as long as the Administrator or Student
account is active. INCOM will keep stored account data for 90 days after the expiration or deletion of an
account.

12. How Can This Agreement End?

Your permission to use the HazCom GHS TEAM TRAIN is conditional upon your compliance with these Terms of
Service. Your permission to use the HazCom GHS TEAM TRAIN will immediately and automatically terminate with
or without notice to you if:

i.you do not agree to or breach the Terms of Service;

ii.you fail to pay the fees and charges in respect of your account;

iii.you withdraw your consent to the Terms of Service;

iv.INCOM revokes your permission to access or use the HazCom GHS TEAM TRAIN with or without cause; or

v.INCOM terminates your account; or

vi.INCOM ceases to provide the HazCom GHS TEAM TRAIN.

Without limiting the generality of the aforementioned, and without further notice, HazCom GHS TEAM TRAIN
may choose to delete or reduce: (a) any or all of your information, if your account is inactive for 90 days;
and (b) previous versions and backups of your information.

13. What Else Do I Need To Know?
Your use of the HazCom GHS TEAM TRAIN is solely at your own risk. HazCom GHS TEAM TRAIN assumes no responsibility
for any harm to your computer or computer system, including, but not limited to, loss or corruption of
data, or any other harm that may result from your use of the HazCom GHS TEAM TRAIN.

Availability of The HazCom GHS TEAM TRAIN is “As-Is”
Everything on the HazCom GHS TEAM TRAIN is provided to you and other users “as-is”, without any warranty
or condition of any kind, either express or implied, without limiting the foregoing, INCOM explicitly
disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement and
any warranties arising out of a course of dealing or usage of trade.

INCOM makes no warranty that the HazCom GHS TEAM TRAIN will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. HazCom GHS TEAM TRAIN makes no warranty regarding the quality
of any products, services, or information purchased or obtained through the HazCom GHS TEAM TRAIN, or the
accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the
HazCom GHS TEAM TRAIN.

To the full extent permitted under applicable law, INCOM disclaims all other warranties and conditions,
express or implied, in respect of the products and services contemplated by these Terms of Service
including, without limitation, implied warranties and conditions of merchantability and fitness for a
particular purpose. INCOM does not warrant that the HazCom GHS TEAM TRAIN, INCOM’s servers, or email sent
from INCOM are free of viruses or other harmful components. INCOM will not be liable for any damages
of any kind arising from the use of the HazCom GHS TEAM TRAIN, including, but not limited to, direct, indirect,
incidental, punitive, and consequential damages.

No advice or information, whether oral or written, obtained from INCOM through the HazCom GHS TEAM TRAIN
will create any warranty not expressly made herein. Without limiting the generality of the foregoing of
the above disclaimers, INCOM does not warrant any products or services under these Terms of Service.
INCOM reserves the right to change its warranties at any time, in its sole discretion without prior notice.
Some provinces or states do not permit the exclusion of certain implied warranties or conditions or
limitations on how long an implied warranty or conditions lasts in consumer transactions. Therefore the
foregoing disclaimers may not apply to you.

You agree at your expense to defend, indemnify, and hold INCOM, its officers, directors, employees
and agents harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action,
penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-
of-pocket costs and actual legal and accounting fees, indemnities, duties, accounts, bonds, covenants,
claims over, claims for contribution or indemnity, warranties, either at law or in equity, which INCOM
may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection
with (a) your access to or use of the HazCom GHS TEAM TRAIN; (b) your violation of this Agreement; or (c) your
violation of any third party right, including, but not limited to, any intellectual property right, right of
attribution, association, integrity, publicity, confidentiality, property or privacy right.

You also agree to indemnify INCOM for reasonable legal and accounting fees, costs, and expenses
incurred in enforcing the rights of INCOM against You under these Terms of Service.

Limitation of Liability
IN NO EVENT WILL INCOM BE LIABLE TO YOUR OR TO ANY OTHER THIRD PARTY FOR DAMAGES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE
OF, OR INABILITY TO ACCESS OR USE THE HazCom GHS TEAM TRAIN, THE SOFTWARE, THE FILES, OR FOR ANY
ERROR OR DEFECT IN THE HazCom GHS TEAM TRAIN, THE SOFTWARE, OR THE FILES, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, REGARDLESS OF
WHETHER INCOM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Severability
If any provision or condition in these Terms of Service is deemed invalid or unenforceable, that
condition or provision shall be deemed severable and the remaining provisions and conditions will
remain in full force and effect.

Waiver
The failure of INCOM to enforce any right or provision of these Terms of Service will not be deemed a
waiver of such right or provision.

Controlling Law and Jurisdiction
If you are located in the United States, this agreement is governed in accordance with the laws of the
State of New York, without regard to principles of conflict of laws. If You are located in Canada, this
Terms of Service shall be governed by the laws of the Province of Ontario. The parties have required
that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont
demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Disputes
If you are located in Canada, any dispute relating in any way to the HazCom GHS TEAM TRAIN shall be submitted
to confidential arbitration in Hamilton, Ontario, Canada, except that, to the extent that you have in
any manner violated or threatened to violate the intellectual property rights of INCOM or its affiliates,
INCOM or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court
in the Province of Ontario, and you consent and attorn to the exclusive jurisdiction and venue of such
courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the Ontario
Arbitration Act. The arbitration shall be conducted by a single arbitrator chosen by INCOM. The
arbitrator’s award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of
Service shall be joined to an arbitration involving any other party subject to these Terms of Service,
whether through class arbitration proceedings or otherwise.

If you are located in the United States, any dispute relating in any way to the HazCom GHS TEAM TRAIN shall be
submitted to confidential arbitration in Buffalo, New York, except that, to the extent that you have in
any manner violated or threatened to violate the intellectual property rights of INCOM or its affiliates,
INCOM or its affiliates may seek injunctive or other appropriate relief in any federal court in the State of
New York, and you consent and attorn to the exclusive jurisdiction and venue of such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Act. The arbitration shall be conducted by a single arbitrator chosen by INCOM. The
arbitrator’s award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of
Service shall be joined to an arbitration involving any other party subject to these Terms of Service,
whether through class arbitration proceedings or otherwise.

Entire Agreement
These Terms of Service are the entire and exclusive agreement between INCOM and you regarding the
HazCom GHS TEAM TRAIN and these Terms of Service supersede and replace any prior agreements between
INCOM and you regarding the HazCom GHS TEAM TRAIN.

Our Address and Contact Information
INCOM Manufacturing Group Inc
3829 Forest Parkway, Wheatfield, New York. 14120. USA

INCOM Manufacturing Group Ltd
1259 Sandhill Drive, Ancaster, Ontario. L9G 4V5. Canada