Terms of Use

Carefully read all the terms and conditions of this agreement (‘Agreement’) before accessing or using the Lift Certified Inc. Operating as The Safety Standard (“The Safety Standard”) (“TSS”) system (‘System’). By accessing or using the System, you agree to be become legally bound by these terms and conditions. If you do not agree with the terms and conditions of the Agreement, you must not use, access, attempt to access or open an account for the System. 

The Agreement is a legal agreement between You and Lift Certified Inc. Operating as The Safety Standard (“The Safety Standard”) (“TSS”) for the use of the System. The terms and conditions of the Agreement may be changed from time to time by The Safety Standard at its sole discretion and without prior notice (save for any terms regarding privacy and related collection, use and retention of personal information). Any changes will be posted on the System and upon your use of the System after such changes have been posted, you shall be deemed to have been made aware of such changes and our use of the System shall constitute your agreement to be bound by the Agreement as modified.



1.1. This Agreement governs the provision or license of Software by Lift Certified Inc. “TSS”, to a respective customer (“Customer”).


2.1. “Confidential Information” has the definition set forth in Section 9.1.

2.2. “Customer Data” means any data, information or material processed or stored by Customer in or in respect of the Software.

2.3. “Documentation” means any user instructions, manuals or other materials, and online help files regarding the use of the Software that are generally provided by TSS in connection with the Software.

2.4. “Feedback” means suggestions, enhancements, feature requests or other feedback provided by Customer or Users to TSS with respect to the Software.

2.5. “Maintenance and Support” means the services described in Section 6.1.

2.6. “Order” means the Enterprise Software and Support Order of the form provided on pricing page hereto and completed by TSS setting forth the license or access to the Software to be provided to Customer by TSS.

2.7. “SaaS” means access to software provided as a service.

2.8. “Software” means the on-premises computer software program in executable form or online provided SaaS offering specified in the Order, along with all Updates thereof released by TSS during the term of this Agreement.

2.9. “Update” means a release or version of the Software containing functional enhancements, extensions, error corrections or fixes that is generally made available free of charge to TSS’s customers.

2.10. “Usage Data” means diagnostic and usage related content from the operation of the Software and may include, but is not limited to, type of browser and systems that are used and/or accessed, licensing, system and service performance data. Usage Data does not, however, include Customer Data, except in aggregated and de-identified form.

2.11. “Users” means all end users of the Software licensed or made available to Customer under this Agreement.



3.1. On-Premises Software License Grant

If the Software is provided under any on-premises license, as indicated in the order:

TSS hereby grants to Customer, subject to the limitations in this Section 3 and in Section 4, a nonexclusive and nontransferable license to: (i) use the Software for its own internal training and evaluation, and to make sufficient copies as necessary for such use, and (ii) use the Documentation in connection with use of the Software.


TSS shall deliver to Customer one machine-readable copy of the Software along with one copy of the Documentation.

3.2. SaaS (Software-as-a-Service)

If Customer is provided SaaS, as indicated in the order:

Use of Software

TSS will provide access to the Software to Customer and Customer’s authorized Users. Customer shall use the Software only in accordance with the Documentation and any authorized user policies promulgated by TSS.

  • Data 

Customer is solely responsible for entering its Customer Data (including personally identifiable information) into the Software. TSS will have the right to use the Customer Data for the sole purpose of providing the Software to Customer and to perform its obligations under this Agreement, including to prevent or address support, service or technical problems. Customer shall not upload any Customer Data into the Software without sufficient and prior rights to do so. Without limiting the foregoing, Customer, and not TSS, will be responsible for entering into any licenses from third parties who may have intellectual property rights in the Customer Data that may be necessary to use the Customer Data in connection with the Software, and Customer shall ensure that its use of the Customer Data complies with any non-disclosure obligations of Customer, and any applicable privacy policies or laws. In the course of providing Customer with access to the Software, TSS may also collect, use, process and store Usage Data in order to create and compile anonymized and aggregated statistics about the Software. Customer is solely responsible for (a) the accuracy, integrity, and legality of Customer Data and the means by which it acquires and uses such Customer Data, (b) determining the suitability of the Software for Customer’s business, and complying with any regulations and laws, (including, without limitation, export, data protection and privacy laws) applicable to Customer Data and Customer’s use of the Software. TSS will have the right to use such data in any manner, subject only to the confidentiality obligations of Section 9.

3.3. Proprietary Rights 

Except for the rights expressly granted in this Agreement, TSS reserves all right, title and interest in and to the Software and Documentation, including all intellectual property rights therein.


4.1. Types of Enterprise Licenses

Customer shall abide by the following applicable restrictions, based on the product indicated on the Order:


Enterprise License (Subscription) 
If an “Enterprise License (Subscription)” is indicated in the Order, Customer will be issued the maximum number of Users purchased on the Subscription Plan to use the Software solely for its own training and evaluation purposes, and not on behalf of any other entity or affiliate.

(b) Enterprise License (Per-User)

If a number of Users is indicated in the Order, TSS will provide Customer access to the Software solely for Users authorized by Customer. Customer shall not allow access to the Software by more than the number of Users indicated on the Order. Customer shall not allow access to the Software by any User other than Customer’s authorized Users.

4.2. Responsibility for Users

Customer will be responsible for its Users’ compliance with this Agreement, including without limitation compliance with any terms of use for electronic access to the Software. User accounts and passwords are specific to individual Users, and may not be shared among or by other Users.  All Users must be (i) employees of Customer, or (ii) agree in writing to abide by the terms of this Agreement.

4.3. Additional Restrictions 

Customer shall not itself, or via any third party:

sell, lease, license or sublicense the Software or the Documentation or provide access to the Software to any third party or for “service bureau” or other multi-party use;

decompile, disassemble, or reverse engineer the Software, in whole or in part; or

attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Software.

You shall not reproduce, publish, upload, post, transmit, adapt, modify or otherwise display, distribute or exploit in any way the System or any part thereof including, but not limited to the text, images, videos, photographs, audio files, graphics, data, courses, tests, or surveys (collectively referred to as ‘Content’) or any part thereof, without the prior written permission of Lift Certified. Your use of the System is limited to your sole personal use only. At no time shall You provide, allow or permit anyone else to use Your account to gain access to the Content on the System.

In addition to all the above prohibitions, you agree that you will not knowingly use the System to:

(a) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or

(b) Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with applicable laws.

TSS reserves the right to investigate any of your activity involving the use of the System.


5.1. Customization

Any type of additional requested customization will be quoted and billed additionally at an agreed upon budget as approved by the customer.  Customer bears any and all liability for any customizations, all of which are in accordance with Sections 7.1 and 7.2 hereof.

5.3. Payment of Fees 

Customer shall pay TSS the fees specified on and agreed to in the Order. Unless otherwise indicated therein, the fee is due and payable in full upon the Effective Date and on any license or SaaS term renewal.

5.4. Additional Licenses

Customer will have the option to expand the license or use rights to increase the licensed number of Users, or otherwise change the scope of the license, upon TSS’s agreement to such a change and advance receipt of additional license fees for such expanded scope at the prices set forth on the Order or later agreed to by the parties hereto.

5.5. Taxes 

All charges and fees provided for in this Agreement are exclusive of any taxes, duties, or similar charges imposed by any government. Customer shall pay or reimburse TSS for all federal, state, dominion, provincial, or local sales, use, personal property, excise or other taxes, fees, or duties arising out of this Agreement or the transactions contemplated by this Agreement (other than taxes on the income of TSS). TSS shall pay to the applicable taxing authorities any such amounts invoiced to Customer.


6.1. Support 

TSS shall provide “Maintenance and Support” at its discretion and shall provide Updates, if any, and appropriate Documentation.

6.2. Eligibility of Software 

Maintenance and Support for on-premises deployments will not include services requested as a result of, or with respect to, the following:

  • accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure of electric power, air conditioning or humidity control; failure of rotation media not furnished by TSS; operation of the Software with other media not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use;
  • improper installation by Customer or use of the Software that deviates from any operating procedures established by TSS in the applicable Documentation;
  • modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than TSS or TSS’s authorized representatives; or
  • Customer’s use of software or technology of any party other than TSS that is not approved by TSS in connection with the Software.

6.3. Customer’s Obligations

  • Customer shall provide TSS with access to Customer’s personnel during normal business hours to assist with Maintenance and Support.
  • Customer shall use reasonable efforts to provide supervision, control and management of the use of the Software.
  • Customer shall document and promptly report all errors or malfunctions of the Software to TSS. Customer shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from TSS.
  • Customer shall use reasonable efforts to maintain a current backup copy of all Customer Data. TSS will not be responsible for loss of Customer Data.
  • Customer shall properly train its personnel in the use and application of the Software.
  • Customer shall use reasonable efforts to implement procedures for the protection of information and the implementation of backup facilities in the event of errors or malfunction of the Software.



7.1. Disclaimer

Customer’s sole remedy for any error or defect in the Software is TSS’s Maintenance and Support obligations under Section 6. TSS makes no warranties, whether express, implied, or statutory regarding or relating to the Software or the Documentation, or any materials or services furnished or provided to Customer under this Agreement, including Maintenance and Support.


7.2. Limitation of Liability


The provisions of this Section 7 allocate risks under this Agreement between Customer and TSS. TSS’s pricing of the Software reflects this allocation of risks and limitation of liability. For further clarity, the Software is intended to provide education and training to users thereof but is explicitly not a substitute for any credentialing, authorization, licensing or accreditation required for use of materials handling or other equipment in any jurisdiction. Still further, the Software and information contained therein is not designed as a training manual but contains information, best practices and general recommendations deemed appropriate to operate a TSS truck in a generally safe and responsible manner. The Software, including all information, suggestions, advice, recommendations and procedures, are intended for information purposes only. Without limiting the generality of the foregoing, no representation of any kind is made to Customer, its end users, or any person or entity whatsoever with regard to the accuracy, completeness or sufficiency of the information contained in the Software, any customizations and any accompanying materials. Any and all use of or reliance on the Software and any accompanying materials is solely and entirely at the user’s risk. TSS shall not be in any way responsible or liable for any form of loss or damage incurred as a result of any form or manner of reliance upon any part or portion of the Software, any information contained therein or provided therewith. The Customer also acknowledges that information set out in the Software and any accompanying materials may not satisfy all requirements of Provincial and/or Federal law.


8.1. Indemnification by TSS

TSS shall, at its expense, defend, indemnify and hold harmless Customer and its affiliates, directors, agents, and users against any claim, action or allegation brought against Customer that the Software, except for any customization under Section 5.2 hereof, infringes any intellectual property right of any third party and shall pay any damages or judgments awarded or settlements entered into. Customer shall give prompt written notice to TSS of any such claim, action or allegation of infringement and give TSS the authority to proceed as contemplated herein. TSS will have the exclusive right to defend any such claim, action or allegation and make settlements thereof at its own discretion, and Customer may not settle or compromise such claim, action or allegation, except with prior written consent of TSS. Customer shall give such assistance and information as TSS may reasonably require to settle or oppose such claims. Customer may participate in such defense with counsel of its own choice, at its own expense.

8.2. Indemnification by Customer

Subject to TSS’s obligations under Section 8.1, Customer shall, at its expense, defend, indemnify and hold harmless TSS and its affiliates, directors, agents, and users, against any third party claims, actions and demands brought against TSS or TSS’s affiliates, directors, agents, and users. Customer shall pay all damages, if any, finally awarded against TSS indemnified parties or agreed upon in settlement by Customer (including other reasonable out-of-pocket costs incurred by TSS, including reasonable attorneys’ fees, in connection with enforcing this Section 8.2) arising from: (i) Customer’s breach or violation of Customer’s responsibilities under Sections 3.2, 4, or 5, (ii) claims that Customer Data or use thereof in the Software infringes or violates the rights of any third party, (iii) claims that Customer’s or its affiliates, directors, agents, and Users use of the Software or services in violation of this Agreement infringes or violates the rights of such third party; or (iv) claims that any customization under Section 5.2 violates or infringes any right of any third party.

8.3. Options 

In the event any such infringement, claim, action or allegation is brought or threatened accusing the Software, TSS shall, at its sole option and expense:

  • procure for Customer the right to continue use of the Software or infringing part thereof;
  • modify or amend the Software or infringing part thereof, or replace the Software or infringing part thereof with other software having substantially the same or better capabilities, or, if neither of the foregoing is commercially practicable; or
  • terminate this Agreement and repay to Customer all amounts paid by Customer hereunder.

8.4. Exclusions

TSS’s obligations under this Section 8 will not apply to the extent the infringement arises as a result of modifications to the Software made by any party other than TSS or TSS’s authorized representative.

8.5. Limitation 

This Section 8 states the entire liability of TSS with respect to infringement of any patent, copyright, trade secret or other proprietary right.




9.1. Definition 


“Confidential Information” means all Software listings, Documentation, information, data, drawings, benchmark tests, specifications, trade secrets, object code and machine-readable copies of the Software, source code relating to the Software, and any information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects that is designated as “Confidential,” “Proprietary” or some similar designation. Information communicated orally will be considered Confidential Information if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information will not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party, (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party, is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure, (iii) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality, (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession, or (v) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.


9.2. Non-Use and Non-Disclosure


Each party agrees not to use any Confidential Information of the other party for any purpose except to exercise its rights and perform its obligations under this Agreement. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party’s employees, except to those employees of the receiving party with a need to know.


9.3. Maintenance of Confidentiality


Each party agrees that it shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information and shall ensure that its employees who have access to Confidential Information of the other party have signed a non-use and non-disclosure agreement in content similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. Neither party shall make any copies of the Confidential Information of the other party unless the same are previously approved in writing by the other party. Each party shall reproduce the other party’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.

9.4. Return of Materials


Upon the termination of this Agreement, each party shall deliver to the other party all of such other party’s Confidential Information that such party may have in its possession or control.





10.1. Term


Customer may terminate this Agreement (i) upon the material breach of this Agreement by TSS, provided that such breach remains uncured for ten days following TSS’s receipt of written notice of such breach, or (ii) upon the expiration of any subscription term, provided Customer provides notice prior to the end of the then-current term. TSS will provide notice of renewal 30 days before term is set to expire.

10.2. Termination by Customer


Customer may terminate this Agreement (i) upon the material breach of this Agreement by TSS, provided that such breach remains uncured for ten days following TSS’s receipt of written notice of such breach, or (ii) upon the expiration of any subscription term, provided Customer provides notice prior to the end of the then-current term.


10.3. Termination Events


TSS may, by written notice to Customer, terminate this Agreement if any of the following events (“Termination Events”) occur:


  • Customer fails to pay any amount due TSS within 30 days after TSS gives Customer written notice of such nonpayment;
  • Customer is in material breach of any non-monetary term, condition or provision of this Agreement, which breach, if capable of being cured, is not cured within 30 days after TSS gives Customer written notice of such breach;
  • Customer (i) terminates or suspends its business, (ii) becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes;
  • TSS elects to refund Customer’s fees in accordance with Section 8.3. (c); or
  • TSS may elect not to renew any subscription term upon written notice to Customer no less than 60 days prior to the end of the then-current subscription term.

10.4. If any Termination Event occurs, termination will become effective immediately or on the date set forth in the written notice of termination. Termination of this Agreement will not affect the provisions regarding Customer’s or TSS’s treatment of Confidential Information, provisions relating to the payment of amounts due, or provisions limiting or disclaiming TSS’s liability, which provisions will survive termination of this Agreement.

10.5. No later than 30 days after the date of termination of this Agreement for any reason, if the Software was delivered to Customer hereunder, Customer shall return the Software and all copies, in whole or in part, all Documentation relating thereto, and any other Confidential Information in its possession that is in tangible form. Customer shall furnish TSS with a certificate signed by an executive officer of Customer verifying that the same has been done. If the Software is provided as a service and not delivered to Customer hereunder, TSS may immediately deactivate Customer’s account. TSS may keep copies of Customer Data solely to the extent necessary for the performance of its obligations under this Agreement; however, TSS will not be obligated to keep Customer Data after the date of termination except as may be specifically set forth in the Order. In no event will any termination relieve Customer of the obligation to pay any fees payable to TSS for any period prior to the effective date of termination, unless otherwise stated in this Agreement.



11.1. Nonassignment/Binding Agreement

Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Customer, in whole or in part, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of TSS, which consent will not be unreasonably withheld. TSS may assign this Agreement upon written notice to Customer. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.

11.2. Notices


Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be delivered in person or sent by overnight air courier, in each case properly posted and fully prepaid to the appropriate address set forth below. Either party may change its address for notice by notice to the other party given in accordance with this Section. Notices will be considered to have been given at the time of actual delivery in person, 3 business days after deposit in the mail as set forth above, or one day after delivery to an overnight air courier service.

11.3. Force Majeure 


Neither party will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquake, fire and explosions, but the inability to meet financial obligations is expressly excluded.

11.4. Waiver


Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.


11.5. Severability


If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.


11.6. Integration

This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. This Agreement may not be amended, except by a writing signed by both parties.

11.7. Purchase Orders


No terms, provisions or conditions of any purchase order, acknowledgement or other business form that Customer may use in connection with accessing or licensing the Software will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of TSS to object to such terms, provisions or conditions.


11.8. Export


Customer may not export or re-export the Software without the prior written consent of TSS. 

11.9. Counterparts 


This Agreement may be executed in counterparts, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same agreement.

11.10. Governing Law


This Agreement will be interpreted and construed in accordance with the laws of the Province of Ontario and Canada, without regard to conflict of law principles. The parties hereby consent to the exclusive jurisdiction of the Provincial courts located in Toronto, Ontario, Canada for resolution of any disputes arising out of this Agreement.

Links from the System to Websites

The System may contain hyperlinks to websites which are not maintained by The Safety Standard. Hyperlinks to other websites are provided solely for your convenience. If you use these websites, you will exit the System. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The contents of other websites are not maintained or controlled by The Safety Standard, therefore, The Safety Standard shall not be responsible for the availability, accuracy or reliability of the content of the other websites or be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstances shall The Safety Standard be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the System is linked. Use of the hyperlinks and access to such websites is entirely at your own risk. Links to the System from websites except as set forth below, caching and links to, and the framing of the System or its Contents or any part thereof are prohibited. You must secure prior written permission from The Safety Standard prior to hyperlinking to or framing the System or the Contents or any part thereof, or otherwise engaging in similar activities. The Safety Standard reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of the System or its Contents or any part thereof and You agree to be bound and shall observe all such terms and conditions. The Safety Standard reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. Lift Certified reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the System or any of its Contents


The System and all included Content is protected by copyright. Copyright protection includes but is not limited to the System and Content design, text, images, photographs, video, audio files, and graphics. All rights, title and interest in the Content are owned by The Safety Standard. Your use of the System does not grant you any rights in respect to such copyright.

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