Terms of Use | Disclaimer | Privacy Policy | Subscription Policy

 

Terms of Use Agreement

 

Introduction

 

Welcome to lightdutypathway.com (“Website”).  The Website is owned and operated by nLyten Media LLC (“nLyten”).  By using the Website, including lightdutypathway.com, ldpathway.com and its related sites, services and tools (collectively referred to as “Light Duty Pathway” or “LDP”), you (“User”) agree to the following terms with the Website.  (Light Duty Pathway was formerly known as “Safety Ambassador Program” or “SAP”)

 

Information

 

nLyten cannot guarantee the completeness, timeliness, or accuracy of the information contained on the Website. Nothing on the Website, in this Agreement, or any other communication by nLyten constitutes personalized advice, and nothing on the Website should be deemed personalized advice that is tailored to an individual’s needs. Every User who has a question should consult with his/her or its own legal counsel, accountant, or business advisor(s) prior to making any decision.  Any decisions based upon the information contained in the Website and/or this agreement are the sole responsibility of the User.

 

Intellectual Property

 

The content, information, data and other materials on or available through the Website are protected by copyright, trademark, and other forms of proprietary rights. User may not modify, publish, reproduce, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any proprietary material, except that users may download materials from the service or print a hard-copy version for personal and noncommercial use only.

 

LIGHT DUTY PATHWAY, together with any associated designs, are trademarks and service marks of nLyten Media LLC and may not be used without the prior written consent of the company.

 

The Website respects the rights of others, and the nLyten asks User to do the same. nLyten responds to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.

 

Use of Website

 

As a further condition of use of the Website, User covenants to nLyten that User will not use the Website: (i) for any unlawful purpose; (ii) for any purpose that is prohibited by this Agreement; or (iii) in any manner that could damage, disable, overburden, or impair the Website or any of nLyten’s servers, or interfere with any other party’s use and enjoyment of the Website.

 

User is responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.

 

Third Party Websites and Information

 

The Website may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties (“Third Party Websites”). These Third Party Websites and third parties are not under nLyten’s control, and User acknowledges that nLyten is not responsible for the content of such Third Party Websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third Party Website or third party, or any warranty of any kind, either express or implied. No Third Party Website is authorized to make any representations or warranties on behalf of nLyten.  User’s visit to any Third Party Websites is subject to the terms and conditions of such Third Party Websites, and not this Website’s Agreement. User should refer to each Third Party Website’s specific terms.

 

Children’s Online Privacy Protection Act Compliance

 

No one under age 13 is allowed to provide any information to or on the Website.

 

Limitation of Liability

 

IN NO EVENT SHALL NLYTEN MEDIA LLC OR ANY OF ITS AFFILIATES BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INCONVENIENCE, OR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY MATERIAL OR  SERVICES MADE AVAILABLE BY, OR ON, THE WEBSITE OR OF ANY THIRD PARTY SITES REFERENCED OR LINKED TO FROM THE WEBSITE.

 

Some jurisdictions do not allow the limitation or exclusion of liability, so the foregoing limitations may not apply to all users.

 

No Warranties

 

nLyten cannot guarantee the completeness, timeliness, or accuracy of the information contained on the Website. The Website, information, and services are provided “as is.” nLyten expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided by nLyten shall create a warranty and you may not rely on such information or advice to do so.

 

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to all users.

 

Compliance with Laws

 

The information made available on the Website and the publication of such information are subject to the laws and regulations of the United States. To the extent that the Website may be accessed from any foreign location, it is up to the User who connects him or herself to this website to abide by the laws of his or her country of residence or of connection. Access to the information contained on this Website from any foreign jurisdiction is made at the User’s own risk. Such person will bear any direct or indirect consequences ensuing from an infringement of the relevant legal and regulatory provisions.  The Website is in no way liable for any such infringement.

 

Indemnity

 

User will indemnify and hold nLyten (and its affiliates and subsidiaries, and its and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s breach of this Agreement, User’s improper use of the Website, services, or tools, and/or User’s violation of any law or the rights of a third party.

 

Governing Law

 

This Website (excluding any linked websites) is controlled by nLyten from its offices within the state of Washington, United States of America. Thus, by accessing the Website users agree:  (a) that the laws of the State of Washington will govern this Agreement for all purposes, without regard to the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods; and (b) that User submits to the exclusive personal jurisdiction and venue by any court of competent jurisdiction within the State of Washington with respect to such matters.

 

Remedies

 

User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Website, and therefore User agrees that nLyten shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

 

Attorney Fees

 

If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

 

Binding Effect; No Assignment by User; Permissible Assignment by nLyten

 

This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void.  nLyten shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns. Any failure by nLyten to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter.  nLyten may modify this Agreement at any time, and User will thereafter be  bound by the version of this Agreement that is in effect at the time User visits the Website.  Any use of the Website by User thereafter shall be deemed to constitute acceptance by User of the amendments.

 

Time Tracking and Reporting

 

1. Purpose of Reports: The reports generated by Light Duty Pathway are intended to provide insights into the engagement and progress of employees within the Light Duty Pathway program. These reports may include information such as module completion status, quiz scores, and active engagement time.

2. Limitation on Use for Payroll: Employers are advised that reports generated by the Light Duty Pathway program are not designed for payroll purposes. These reports should not be used as the sole basis for calculating work hours or determining employee compensation.

3. Recommendation for Employers: Employers are strongly encouraged to maintain their own time tracking systems for payroll purposes. A reliable clock-in/clock-out system should be used to accurately capture employee work hours. Light Duty Pathway reports should be considered supplementary and not a replacement for standard timekeeping practices.

4. Disclaimer of Liability: Light Duty Pathway disclaims any liability for errors, omissions, or inaccuracies in the reporting data as it relates to payroll and timekeeping. Employers are solely responsible for ensuring accurate timekeeping and payroll practices.

LAST UPDATED: 3.21.2024

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Disclaimer

 

The training and safety materials brought to you by nLyten, are based upon either the rules and requirements established by OSHA or the Washington State Department of Labor & Industries (www.lni.wa.gov) which at the time of production, met and/or exceeded the OSHA standard.  The requirements may have changed since the production of any particular material.  It should be noted that some state plans and regulations may be stricter with regard to safety and health than those of Washington State.  It is User’s obligation to check with their local state agency for specific rules and regulations and to visit www.osha.gov for Federal requirements.

 

In these videos we will review some actual workplace injuries and fatalities incurred by third party employees.  We mean no disrespect these unfortunate individuals, but we feel that sharing their stories just might help someone understand that these rules and guidelines are in place for a reason.  Just because a particular kind of injury or fatality has not occurred at your workplace does not mean that it never will.

 

The certificate of completion earned by completing training days at lightdutypathway.com indicates only that the User has completed the day’s worth of training. Completion of any Light Duty Pathway safety training does not certify users for any specific task in any field or industry. These are informational training aids only and are NOT official or licensed training/certification programs that may be required for certain jobs.

 

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Privacy Policy

 

This Privacy Policy Statement outlines the obligations of nLyten Media LLC (collectively, “nLyten,” “we,” or “us”) regarding the collection, use, and disclosure of information collected from you (“User”) by means of www.lightdutypathway.com (the “Website”), other than information which you choose to publicly publish, submit, or otherwise post through the Website (collectively, “Personal Information”).   By using the Website you consent to the collection and use of your Personal Information in accordance with the terms of this Privacy Policy.  If you do not want your information to be collected and used in the manner described in this Privacy Policy, you can opt out by not participating in the use of the Website.

 

Any information which you choose to publicly publish, submit or otherwise post through the Website shall not be deemed Personal Information and shall not be subject to this Privacy Policy.  You also consent and agree that the any and all related data publicly furnished by you may be circulated, published and/or distributed by us.  While we advise against publicly listing anything that could be deemed personally identifying information, should you do so, please use the utmost care and discretion.

 

Information that we collect

 

We collect certain information from you when you register to use specific features of the Website, engage in transactions or correspondence through our Website, or take advantage of any of the other features and functions made available by, through, or on the Website. We may also collect information in the form of cookies, which are discussed in greater detail below.

 

When registering or otherwise using the Website, as appropriate, you may be asked to enter certain “Personal Information” which may include any of the following: name, e-mail address, mailing address, billing address, company name, phone number, and/or payment information.  We may also keep a record of information provided in the context of community discussions, chats, dispute resolution, or correspondence, either directly with us or through the Website.

 

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of providing services through or on behalf of the Website.

 

How your information is used

 

Any of the Personal Information we collect from you may be used in one or more of the following ways:

 

• To create your account and to provide access to the features and services provided through the Website.
• To facilitate communications between you and nLyten Media LLC.
• To collect our fees for purchased products or services.
• To resolve disputes in accordance with our Terms of Use Agreement.
• To personalize your experience while using the Website.
• To improve the Website.  We continually strive to improve the Website offerings based on the information and feedback we receive from you.
• To improve customer service.  Your Personal Information helps us to more effectively respond to your customer service requests and support needs.
• To send periodic emails.  The email address you provide for registration, may be used to send you information and updates pertaining to your activities on the Website, in addition to receiving occasional company news, updates, related product or service information, etc.  You may unsubscribe from periodic email communications at any time.

 

How we protect your information

 

We view protection of Users’ privacy as a very important community principle. We implement a variety of security measures to maintain the safety of your Personal Information when you enter, submit, or access your Personal Information.

 

We provide the use of a secure server. All supplied sensitive/payment information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.

 

However, we cannot warrant the security of any information transmitted through the Website, and any Personal Information you transmit through the Website is at your own risk.  Moreover, we cannot warrant the security of any information transmitted through or posted on the Website by you or anyone else.

 

Use of cookies

 

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

 

We use cookies to help us remember your information, track your activity on the Website, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding the Website visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

 

You can adjust your browser settings to reject all cookies or to require your consent to any cookies, but this may prevent you from enjoying all of the features of the Website. A cookie can’t read data off your hard disk. We cannot read cookie files created by other sites, nor can other sites read information from cookies created by us.

 

Disclosure of information to outside parties

 

We do not sell, trade, or otherwise transfer your Personal Information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  Some of the services of the Website require submission of Personal Information to these trusted third party service providers.  In order to deliver those services, your Personal Information may be disclosed to those companies to fulfill your request.

 

We may also release your information when we believe release is appropriate to comply with the law, enforce the Website policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

You further acknowledge that in the event that we are acquired by or merged into another company, all information collected will be transferred to the other company as one of our assets, subject to the other company’s compliance with this privacy policy.

 

Third party links

 

Occasionally, at our discretion, we may include or offer third party products or services on the Website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Website and welcome any feedback about these sites.

 

reCAPTCHA

 

We have implemented reCAPTCHA v2 or reCAPTCHA v3 on our site. Your use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use.

 

California Online Privacy Protection Act compliance

 

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

 

As part of the California Online Privacy Protection Act, all Users of the Website may make any changes to their information at any time by logging into their account and going to the ‘account settings’ page.

 

Do not track

 

Some browsers have a “do not track” feature that can be enabled to inform websites that users do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their Personal Information.  However, these “do not track” features are not yet a uniform standard. Accordingly, you are hereby notified that the Website is not currently set up to respond to any “do not track” features or signals.

 

Children’s Online Privacy Protection Act compliance

 

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any Personal Information about yourself to us. No one under age 13 is allowed to provide any information to or on the Website. In the event that we learn that we have collected information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

 

Terms of Use

 

Please visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our Website.

 

Your consent

 

By using the Website, you consent to the terms of this Privacy Policy.  If you object to any of these terms, please do not use our services.

 

Changes to our Privacy Policy

 

If we decide to change our Privacy Policy, we will post those changes on this page, and/or send an email notifying you of any changes.

 

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Subscription Policy

 

Subscription Term

 

Your subscription for Light Duty Pathway will start when nLyten confirms your payment has been made in full, in advance of the Subscription Term. An annual subscription will continue for a period of one calendar year.  A monthly subscription will continue for a period of thirty (30) calendar days.

 

Pricing

 

Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription. Discount subscription pricing, if available, is subject to verification of eligibility. nLyten shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing; either by email or other reasonable means, such as a notice on the LDP website or in usual subscriber communications.

 

Renewal

 

When you purchase a subscription, renewal occurs automatically. At the end of any subscription period, nLyten will sign you up and bill you for an additional subscription term of the same length. If you do not wish your subscription to auto-renew, you may contact us prior to the end of your current subscription term. If you do not let us know that you want to terminate your subscription at least two (2) business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed.

 

Refunds and Cancellations

 

Subscriptions are non-refundable. You may change your auto-renewal preferences at any time by contacting nLyten, but no refunds will be paid on any remaining subscription period. If you cancel your subscription, you will retain access to LDP until your subscription expires. If you allow your Subscription to lapse through non-payment, you will no longer have unrestricted access to the features of LDP. Please ensure that you correct any information which may have changed in respect to your Payment Method to prevent your subscription from lapsing due to us being unable to process your payment.

 

Access to Your Account

 

You are responsible for all usage or activity on LDP via your account, and you must keep your account password secure. Distribution of your password to others for access to LDP is expressly prohibited. You will never be required to reveal your password to any representative or agent of nLyten, its owners or agents. You must immediately contact us, of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.  By accessing LDP via a Group Subscription license, you authorize nLyten to provide reports regarding your account usage and activities to the sponsoring organization.

 

User Accounts

 

User accounts for the Light Duty Pathway are limited to one customer or subscriber account per business. Third-party administrators (TPAs) and consultants may administer the accounts for their client, but each client needs a separate account. Special group pricing is available if TPAs wish to offer discounted prices to their clients. Arrangements can also be made for TPAs and consultants to become LDP resellers. National Corporations and organizations with multiple franchise locations may also require a custom agreement.

 

Termination or Suspension of Your Account

 

If we believe, in our sole discretion, that you are in breach of these terms, we may limit, suspend or terminate your access to Light Duty Pathway. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to LDP for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.