Web Site Terms and Conditions of Use

These Web Site Terms and Conditions of Use (the "Terms") govern your access to and use of this web site and the related online learning management system (collectively, the "Site") provided by BSCi LMS LLC ("BSCi", "we", "us" or "our"). By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Site.

1. Users, Companies, and Associations

The Site is designed for use by:

• Companies that register to provide training to their employees or contractors;
• Company administrators who manage accounts and training assignments for their organization; and
• Association administrators who manage access for member companies and their users.

Where a person creates a company account through the Site, that person represents and warrants that they are authorized to act on behalf of the company and to bind the company to these Terms.

Where an association administrator creates a company or user account on behalf of a company, the association represents and warrants that it has obtained all necessary authorization from that company to create such accounts and provide the associated information to BSCi.

2. Account Creation and Responsibility

There are multiple ways accounts may be created:

• Company administrator self-registration. An individual may visit the Site, complete the sign-up form with company and personal information, and thereby create a company administrator account. By doing so, they represent that they have authority to bind the company and that all information provided is accurate, current, and complete.
• Association-created company and admin accounts. An association administrator may create company accounts and related company administrator accounts for member organizations. The association is responsible for obtaining any necessary consents and authorizations from the company.
• Company-created employee accounts. Company administrators may create employee or additional administrator accounts by submitting the individual’s name, email address, account level, and other information through the Site. By doing so, the company represents that it has obtained any required consent from the individual to submit their information and to allow their employer and association administrators to access their training and account data as described in our Privacy Policy.
• Association-created employee accounts. Association administrators may create employee or company administrator accounts for member companies. The association represents that it has authorization from the relevant company and that it will only submit accurate information.

Companies are responsible for:

• Ensuring that account information for their users is accurate and kept up to date;
• Ensuring that user access is terminated immediately when an individual leaves the organization or should no longer have access, whether by removing the account directly through the administrator tools or by requesting removal from BSCi. BSCi is not responsible for unauthorized access resulting from the company’s or association’s failure to timely disable accounts.
• All activity that occurs under accounts created by or for their organization.

3. License and Permitted Use

Subject to these Terms and any applicable subscription or enrollment agreement, BSCi grants to the company and its authorized users a limited, non-exclusive, non-transferable, revocable license to access and use the Site and training content solely for the company’s internal training and educational purposes.

This is a grant of license, not a transfer of title. Under this license you may not:

• Modify, download, or copy any materials except as expressly permitted in writing by BSCi;
• Use the materials for any resale or to provide competing services;
• Publicly display course content outside your organization without BSCi’s permission;
• Attempt to decompile, disassemble, or reverse engineer any software or code on the Site;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Transfer, resell, or sublicense access to the Site to any third party;
• Share login credentials or allow a single user account to be used by more than one individual. Each licensed user must have their own unique account;
• Use automated tools (such as bots or scrapers) to access, download, or index content from the Site; or
• Use the Site in any unlawful, fraudulent, or abusive manner, or in a way that could damage or impair the Site.

This license will automatically terminate if you or your organization violate these Terms, and BSCi may suspend or terminate access at any time for violation of these Terms, suspected fraud, non-payment, or misuse of the Site. Termination of access for violation of these Terms may result in loss of access without refund.

4. Ownership of Content and Intellectual Property

All content and materials on the Site, including but not limited to course materials, text, graphics, logos, icons, images, audio clips, video clips, software, and the compilation thereof (collectively, the "Content"), are owned by BSCi LMS LLC or its licensors, clients, or content providers, and are protected by copyright, trademark, and other intellectual property laws. The compilation of all materials on this Site is owned by BSCi LMS LLC © BSCi LMS LLC 2025. All rights reserved.

The Site may also contain trade names, trademarks, service marks, logos, trade dress, or other designations that are the property of BSCi or its current or former clients, or that are used with permission. No license or right to use any such marks or Content is granted by implication, estoppel, or otherwise. Any unauthorized use of Content may violate copyright, trademark, privacy, publicity, or communications laws and is strictly prohibited.

5. Subscription Access and Seat Licenses

Access to training courses and designated areas of the Site requires an active monthly subscription purchased by a company or by an association on behalf of its member companies. Subscriptions provide a specified number of transferable seat licenses that authorized administrators may assign to individual users within the organization. Subscriptions renew automatically on a monthly basis until canceled by an authorized administrator.

Company administrators, association administrators, and BSCi administrators have the ability to start, modify, or cancel a company’s subscription, including upgrading or downgrading seat license quantities, changing the assigned payment method, or terminating the subscription. Any such actions taken by these administrators are deemed to be authorized by the company or association, and BSCi shall rely on those actions without independent verification. BSCi is not responsible for unauthorized, mistaken, or disputed subscription changes made by company or association personnel.

Monthly subscription fees are processed through Stripe, a third-party payment processor. Full payment card information (including card number, cardholder name, billing address, and security code) is stored exclusively by Stripe and is not accessible to BSCi. The Site stores and displays only the last four digits and expiration date of the card for identification purposes to company administrators, association administrators, and BSCi administrators. BSCi does not store full card information and shall have no liability for any acts, omissions, or security incidents involving Stripe or other payment processors.

Subscriptions renew automatically each month unless canceled prior to the renewal date. Fees for the current billing period are non-refundable once charged. It is the responsibility of the company or association to ensure that its payment methods remain valid, that subscription changes are made by properly authorized personnel, and that any desired cancellation or modification is completed before the renewal date. BSCi is not liable for charges resulting from failure to cancel or modify a subscription in a timely manner.

Seat licenses included in a subscription may be queued for reassignment or unassignment at any time during a billing cycle by company administrators, association administrators, or BSCi administrators where appropriate. Queued reassignments become effective only at the beginning of the next successful billing cycle. A seat license may be assigned to only one individual at a time, may not be used simultaneously by multiple individuals, and may not be transferred to another company or third party.

Unless otherwise stated in writing, subscription fees, seat license charges, and any prior billing periods are non-refundable, including but not limited to fees incurred due to failure to cancel before renewal, unauthorized subscription changes by company or association personnel, payment card failure or expiration, or suspension or termination of access due to violation of these Terms.

In the event a payment attempt fails, BSCi may retry the charge, temporarily suspend access to the Site, or terminate the subscription at its discretion. BSCi is not responsible for service interruptions caused by expired cards, insufficient funds, invalid payment methods, or outages or errors within Stripe or other third-party payment processors.

6. Data Visibility for Companies and Associations

The Site is designed to provide training and reporting for organizations. Accordingly, you acknowledge and agree that:

• Company administrators and designated managers for your organization may access your account profile, course assignments, training progress, completion status, and test scores for legitimate business and compliance purposes.
• Association administrators may, where applicable, access aggregated or company-level reporting, and in some cases user-level information, to support association programs, compliance reporting, and member support.

7. Links to Third-Party Sites

The Site may contain links to third-party websites or resources. BSCi does not control and is not responsible for the content, products, or services offered by third-party sites, and the inclusion of any link does not imply endorsement by BSCi. Your use of any such linked site is at your own risk and subject to the terms and privacy policies of those third-party sites.

8. Disclaimers

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, BSCI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BSCI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BSCI MAKES NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR TRAINING RESULTS.

TRAINING MATERIALS AND OTHER CONTENT ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, SAFETY, COMPLIANCE, OR PROFESSIONAL ADVICE. YOU AND YOUR ORGANIZATION ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT TRAINING IS REQUIRED, ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, CODES, AND STANDARDS, AND FOR ANY ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENT.

BSCI DOES NOT GUARANTEE THAT COMPLETION OF ANY COURSE OR TRAINING WILL SATISFY ANY LEGAL OR REGULATORY REQUIREMENT, MEET ANY CERTIFICATION STANDARD, OR RESULT IN ANY PARTICULAR BUSINESS OR SAFETY OUTCOME.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BSCI, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT, EVEN IF BSCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, BSCI SHALL HAVE NO LIABILITY FOR: (A) ANY SERVICE INTERRUPTION, DOWNTIME, OR UNAVAILABILITY OF THE SITE; (B) ANY DATA LOSS, CORRUPTION, OR RECOVERY COSTS; (C) ANY UNAUTHORIZED ACCESS TO ACCOUNTS CAUSED BY CREDENTIAL SHARING, WEAK PASSWORDS, PHISHING, OR USER NEGLIGENCE; (D) ANY ACTIONS OR OMISSIONS OF COMPANIES, ASSOCIATIONS, ADMINISTRATORS, OR THIRD-PARTY SERVICE PROVIDERS; OR (E) ANY EMPLOYMENT OR HR DECISIONS, JOBSITE INCIDENTS, OR OTHER CONSEQUENCES ARISING FROM TRAINING RECORDS, TEST RESULTS, OR COURSE PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSCI’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) IN THE AGGREGATE, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

Company indemnification. The company agrees to indemnify, defend, and hold harmless BSCi LMS LLC and its officers, employees, and contractors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any accounts or user profiles created by the company or its administrators;
• The accuracy, completeness, or legality of any information the company submits to the Site;
• The company’s representation that it has obtained all necessary employee consents;
• The company’s use or misuse of the Site or Content, including actions or omissions by its employees, contractors, or administrators;
• Any employment, HR, or disciplinary decisions based on training records, test results, or course performance; and
• Any violation of these Terms by the company or its users.

Association indemnification. Any association that creates or manages accounts on the Site agrees to indemnify, defend, and hold harmless BSCi LMS LLC and its officers, employees, and contractors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any company or user accounts created by the association;
• The accuracy, completeness, or legality of information submitted by the association;
• The association’s representation that it has obtained necessary authorization from companies or users to create and manage accounts and submit information; and
• Any communications, representations, or commitments made by the association to its members or others regarding the LMS, training, or outcomes.

11. Suspension and Termination

BSCi may suspend or terminate your access to the Site, in whole or in part, at any time and without notice if BSCi believes that you or your organization have violated these Terms, are engaged in fraudulent or illegal activity, or where suspension or termination is required by law or by BSCi’s agreements with its clients or service providers. BSCi is not liable for any harm or loss arising from any such suspension or termination.

12. Changes to the Site and these Terms

BSCi may update or modify the Site, Content, or these Terms from time to time. When we do, we will revise the "Last Updated" date below. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Site.

13. Governing Law

These Terms and any disputes arising out of or relating to the Site shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

14. Dispute Resolution; Arbitration and Class Action Waiver

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or the services provided by BSCi (collectively, "Disputes") shall be resolved exclusively by binding individual arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights.

The arbitration shall be conducted in or near Clark County, Indiana, before a single arbitrator, under the rules of a reputable arbitration provider mutually agreed by the parties (such as the American Arbitration Association), and in the English language. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

YOU AND BSCI AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS, AND THAT ANY ARBITRATION OR PROCEEDING SHALL NOT BE JOINED, CONSOLIDATED, OR COMBINED WITH ANY OTHER ARBITRATION OR PROCEEDING. YOU AND BSCI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

15. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you (and your organization, where applicable) and BSCi with respect to your use of the Site and supersede all prior or contemporaneous understandings.

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Privacy Policy

This Privacy Policy ("Policy") describes how BSCi LMS LLC ("BSCi", "we", "us", or "our") collects, uses, discloses, and protects information in connection with the Site and the services provided through the Site. By using the Site, you consent to the practices described in this Policy.

1. Scope

This Policy applies to information we collect:

• When you or your organization create or manage accounts on the Site;
• When you use the Site, complete training, or take tests;
• When company or association administrators submit information about you; and
• When you communicate with us by email, phone, or other means regarding the Site.

2. Information We Collect

We may collect the following types of information, depending on how you interact with the Site:

• Account and profile information. Name, job title, company name, email address, mailing address, phone number (optional), login credentials, account role (e.g., employee, company administrator, association administrator), and similar information submitted during registration or account management.
• Training and usage information. Courses assigned, course enrollments, progress, completion status, test scores, timestamps, training history, and activity logs relating to your use of the Site.
• Technical information. Browser type, operating system, IP address, device identifiers, pages viewed, date and time of visits, and other technical data about how you access and use the Site.
• Billing and transaction information. Where applicable, limited payment-related or transaction information, which may be processed by third-party payment processors on our behalf. We do not store full payment card numbers on the Site.
• Communications. Records of your communications with us, including emails, support requests, and other correspondence.

3. How We Collect Information

We collect information in several ways, including:

• Directly from you when you complete forms, create an account, or interact with the Site;
• From company administrators who create or manage employee accounts;
• From association administrators who create or manage company or user accounts; and
• Automatically through cookies and similar technologies when you use the Site.

4. Cookies and Similar Technologies

The Site may use "cookies" and similar technologies to enhance user experience, keep you signed in, remember preferences, and collect usage information. Your browser may allow you to block or delete cookies; however, if you do so, some parts of the Site may not function properly.

5. How We Use Information

We may use the information we collect for the following purposes:

• To operate, maintain, and improve the Site and our training services;
• To create and manage user, company, and association accounts;
• To assign courses, track training progress, and record test scores;
• To provide reports to company administrators and association administrators about training activity and results;
• To provide customer service and technical support;
• To process payments and manage subscriptions, seat licenses, or enrollments, where applicable;
• To send essential administrative and system emails, such as password resets, assignment notifications, and other communications necessary for the operation of the Site;
• To send optional newsletters, updates, or promotional communications about training offerings or related services, where permitted by law and your preferences; and
• To comply with legal obligations and to protect our rights and the rights of our users, clients, and partners.

System communications that are necessary to operate the Site (such as password reset emails, account notices, course assignments, and compliance reminders) are considered essential and cannot generally be opted out of while an account remains active. You may opt out of non-essential marketing or promotional emails as described below.

6. Legal Basis and Consent

In many cases, we process personal information on behalf of a company or association that is our customer. That company or association is generally responsible for determining the legal basis for processing under applicable law and for obtaining any required consents from individuals whose information is provided to us.

When a company or association administrator creates an account on your behalf, they represent to us that they have obtained any necessary consent from you to submit your information to BSCi and to allow your employer and applicable association administrators to access your training information through the Site.

7. How We Share Information

We may share information we collect in the following circumstances:

• With your employer. Your employer (company) and its authorized administrators and managers may access your training records, test scores, account information, and related data for training, management, compliance, and reporting purposes.
• With associations. Where applicable, association administrators may access information about member companies and their users, including training activity and reporting, as part of the association’s program and services.
• With service providers. We may share information with third-party service providers that perform services on our behalf, such as hosting, email delivery, payment processing, analytics, and customer support. These service providers are authorized to use personal information only as necessary to provide services to us.
• For legal and safety reasons. We may disclose information if we believe it is necessary to comply with a law, regulation, legal process, or governmental request; to enforce our agreements; or to protect the rights, property, or safety of BSCi, our users, our clients, or others.
• Business transfers. In connection with a merger, acquisition, reorganization, or sale of assets, we may transfer information to the relevant successor entity, subject to appropriate confidentiality protections.

8. Data Retention

We retain personal information for as long as necessary to provide the services on the Site, to fulfill the purposes described in this Policy, to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Training history and test scores may be retained for extended periods to support compliance, reporting, and audit requirements of your employer or association.

9. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

10. Children’s Privacy

The Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take appropriate steps to delete it. If you believe we may have information from a child under 13, please contact us using the information below.

11. Your Choices

• Account information. You may review and update certain account information by logging into your account or by contacting your company or association administrator. In many cases, your employer controls your account and may need to request changes on your behalf.
• Marketing communications. You may opt out of receiving non-essential marketing or promotional emails from us by following the unsubscribe instructions included in those emails or by contacting us. Please note that you will continue to receive essential service-related emails so long as your account remains active.
• Deactivation. If you no longer require access to the Site, you should contact your employer or association administrator, who can request deactivation of your account. We may retain training records and related data as described in this Policy.

12. International Users

The Site is hosted and operated in the United States. If you access the Site from outside the United States, you understand that your information may be transferred to, stored in, and processed in the United States and other countries where our service providers are located, which may have data protection laws that are different from those of your country of residence.

13. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will revise the "Last Updated" date below. Your continued use of the Site after any changes become effective signifies your acceptance of the revised Policy.

14. Contacting Us

If you have any questions about these Terms, this Privacy Policy, the practices of this Site, or your dealings with this Site, you may contact us at:

BSCi LMS LLC
www.BSCiLMS.com
1202 Amy Ave
Sellersburg, IN 47172
502.376.0405
ContactUs@bscilms.com

Last Updated: December 3, 2025