Terms & Conditions / Agreements

Restaurant OSHA Safety and Security Institute, Inc. (ROSSI)

Please be sure to check back frequently as Terms and Conditions and pricing are subject to change with or without notification.

By using this website, our text books, our workbooks, our tool kit, our course materials, our videos, our online courses, our live classes, videos, tests, quizzes, or any of our other materials and content (“materials”) in any matter for anything OR by becoming an authorized instructor, marketing affiliate, affiliate office, student, live class student, online course student, joint venture partner, sponsor, or strategic alliance partner you understand and agree that Restaurant OSHA Safety and Security Institute, Inc. Restaurant Operations Institute, Inc. Restaurant Expert Witness, its officers, owners, investors and employees (“ROSSI” and “ROI”) are not making any warranties or guarantees of any kind to anyone, for any reason, and does not warranty accuracy, completeness, or warranty from errors and omissions. We do not guarantee anyone any volume of sales, profit, results or financial performance as class size, performance and results may vary. We do not guarantee anyone, any establishment, any company, any individual any restaurant, bar, or foodservice facility any results as it pertains to risk reduction, safety, health and security, fewer incidents and accidents of customers, employees or vendors or better safety and risk performance of any kind. We offer no warranties or guarantees. All purchases are final. We offer no refunds of any kind for any reason. Any user of this website or our “materials” releases “ROSSI” and “ROI” of any-and-all responsibility and any-and-all liability in any-and-all forums, jurisdictions, and venues without recourse against “ROSSI” and “ROI” and its authors, officers, employees, and owners.

Affiliate Marketing Program Agreement and Terms & Conditions

Thank you for considering the Restaurant OSHA Safety and Security Institute (ROSSI) Affiliate Marketing Program. Our marketing affiliates are very important to us. We do our best to treat you with fairness and respect, and request that you reciprocate by doing the same to us and customers of our classes and materials. This portion of the Agreement is designed with you in mind, as well as protecting you, ROSSI, our good name, and our customers. Please read thoroughly. We believe in straight-forward and honest communication. If you have any questions, please contact us directly.

ROSSI Marketing Affiliate Program Agreement

Please read the entire Agreement. This is a legal agreement between YOU and RESTAURANT OSHA SAFETY AND SECURITY INSTITUTE, INC. (d/b/a ROSSI, RESTAURANTOSHA.COM, RESTAURANT-OSHA-SAFETY-AND-SECURITY-INSTITUTE.THINKIFIC.COM and any of our other affiliated companies/entities).

By submitting the online application and participating in this program you are agreeing that you have read and understand the terms and conditions of this Agreement, and that you agree to be legally responsible for each and every Term and Condition contained herein.

This Agreement describes the terms and conditions for participation in the Restaurant OSHA Safety and Security Institute (ROSSI) Marketing Affiliate Program. In this Agreement, the term “Affiliate” or “marketing Affiliate” refers to you (the applicant/affiliate). In this Agreement, “ROSSI” refers to Restaurant OSHA Safety and Security Institute, Inc., with whom you are entering this Agreement. By applying to the ROSSI Marketing Affiliate Program, you are confirming that you have read the Agreement and agree to the terms and conditions.

1. Overview: This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ROSSI’s Marketing Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to ROSSI, and “you,” “your,” and “yours” refer to you the Affiliate.

2. Affiliate Obligations: To begin the enrollment process, you will simply sign-up to be a marketing affiliate. The fact that we may auto-approve applications does not imply that we may not re-evaluate your application or continued involvement at any time later. We may reject you as a Marketing Affiliate at our sole discretion at any time, for any reason. We may cancel or deny your application or continued involvement, if we solely determine that you, your site, and/or your actions/affiliations are unsuitable for our Program; including, but not limited to:
a) Promoting sexually explicit materials
b) Promoting violence
c) Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
d) Promoting illegal activities
e) Incorporating any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
f) Including “ROSSI” or variations or misspellings thereof in its domain name
g) Being in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
h) Using/containing software downloads that potentially enable diversions of commission from other affiliates in our program
i) Creating/designing your website(s) or any other website(s) that you operate, explicitly or implied, in a manner which resembles our website or design your website in a manner which leads customers to believe you are ROSSI or any other of ROSSI’s affiliated businesses

3. Commissions:
a) For a sale to generate a commission to a Marketing Affiliate, the customer must use one of the Affiliate’s unique links to place the order, complete the order form, and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Marketing Affiliate links. Commissions are paid according to the first link that a customer uses to visit the site prior to making any purchases – regardless of the time lapsed after first using the link. Properly coded links are the sole responsibility of the Marketing Affiliate. The Marketing Affiliate may view his/her commissions earned on his/her own Marketing Affiliate Dashboard.
b) If the purchaser is on a one-time payment option, the Marketing Affiliate will receive a commission for each new signup that occurs using his/her Affiliate link(s).
c) If the purchaser is on a recurring payment schedule, the Affiliate will continue to accumulate commissions for each paid transaction by the customer for as long as the customer remains a paying customer.
d) Commission percentage is 55% and as is solely determined by ROSSI and may be subject to change at any time.

4. Commission Payment:
a) Commission payments will be made to Affiliates on a monthly basis (approximately every 30 days).
b) Payments will be paid out via PayPal unless otherwise informed.
c) Affiliates must provide a Paypal Email address to ROSSI to receive any commissions earned through the use of his/her own unique Affiliate links.
d) Affiliates are independent contractors and, as such, are responsible for their own taxes, expenses, businesses, and business decisions.

5. Refunds:
a) In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance.

6. Usage and Obligations:
a) If authorization has been granted by ROSSI to do so (by ROSSI providing the Affiliate with login access), the Affiliate may be permitted to use the ROSSI brand and marketing resources IF and WHEN available in the Secured Login Section of RestaurantOSHA.com or from the Toolbox provided by ROSSI, Inc. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
b) The Affiliate will never imply that s/he is acting on behalf of ROSSI and will never advertise ROSSI products directly as their own. The Affiliate will never bid for advertisements that compete with ROSSI.
c) The Affiliate will never represent him/herself, ROSSI, or their relationship with ROSSI, in a false or misleading way.
d) The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing ROSSI. Doing so can and will result in immediate termination as a Marketing Affiliate.
e) Affiliates are subject to, and must follow, all laws and the rules of disclosure pertaining to the use of affiliate links. The FTC (Federal Trade Commission) provides guidelines.

7. Term and Termination:
a) Either party has the right to terminate the Agreement immediately without prior notice to the other, and without recourse against the other. ROSSI does not provide refunds.
b) If the Affiliate terminates the Agreement, no further commissions from ROSSI will be paid for any past or future customer transactions.
c) If ROSSI chooses to terminate the Agreement, any balance greater than $25 USD will be paid to the Affiliate within 60 days of termination. Balances that are smaller than $25 will be forfeited.
d) If purchasers using the Affiliate’s link(s) are on a recurring program, ROSSI will not be obligated for any future payments after termination of Affiliate.

8. Governing Law:
a) This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Alabama, without regard to its conflict of laws rules.

9. Arbitration:
a) All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Alabama and in the County of Shelby using the American Arbitration Association rules.
b) An award of arbitration may be confirmed in a court of competent jurisdiction.

10. Modification:
a) We may modify any or all of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not be limited to, changes in the scope of available commissions, commission schedules, percentages, payment procedures, and Affiliate Program rules.

Secured Login/Instructor Toolbox – Terms & Conditions

By using the Secured Login/Instructor Toolbox housed on RestaurantOSHA.com on Google Drive, or shared by us by any other means, Instructors, Marketing Affiliates and others using this material: you are agreeing that you have read and understand the following terms and conditions, and that you agree to be legally responsible for each and every term and condition:
a) Not everything within the “Instructor Toolbox” may pertain to you.
b) You may choose at your sole discretion to use any, some, all, or none of the items contained within.
c) The items contained within the Toolbox may change without notification.
d) Use of the site/materials is at your sole risk.
e) Individual results, class size, benefits, and results may vary.
f) ROSSI makes no guarantees or promises that use of this material will be beneficial, enhances, improves, or influences your results in any way.
g) This site and all materials, information, products, software, programs, and services are provided on an “as is,” “as available” basis with no warranties, no guarantees to be without error or omission, or guarantees of merchantability whatsoever.
h) ROSSI expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights.
i) Without limitation, ROSSI makes no warranty or guarantee that this site/materials will be uninterrupted, timely, secure, or error-free.
j) You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk, and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
k) All training programs come with a stated renewal term of, either, 1 or 2 years.
l) You understand that just because a training program is one price today, does not guarantee the same price tomorrow.

Our Site(s) Usage Agreement and Terms & Conditions (“Terms of Use”)

Restaurant OSHA Safety and Security Institute, Inc. maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, affiliates, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding Agreement between you and Restaurant OSHA Safety and Security Institute, Inc. If you do not agree to these terms, do not use this Site.

1. Use of Site:
Restaurant OSHA Safety and Security Institute, Inc. provides various materials, information, quizzes, tests, questions, articles, news, and other information on this and related sites and in courses offered through this site (the “Materials”). Restaurant OSHA Safety and Security Institute, Inc. authorizes each User to view and download one copy of the Materials. If and when authorized by ROSSI to do so, Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

2. User Warranty:
As a User, you warrant that you are not an agent or employee of any other restaurant safety training company.

3. Trademark and Copyright:
Restaurant OSHA Safety and Security Institute, Inc., and certain other brands, trademarks, and service marks are marks of Restaurant OSHA Safety and Security Institute, Inc. and its affiliated companies/entities (not to be confused with “Affiliates” participating in the ROSSI Affiliate Program). The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.

4. Hyperlinks:
Links to external websites are provided solely as a convenience to you. Restaurant OSHA Safety and Security Institute, Inc. has not reviewed all of these external websites, and does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

5. No Warranty:
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Restaurant OSHA Safety and Security Institute, Inc. further does not warrant the accuracy and completeness of the Materials at this Site. Restaurant OSHA Safety and Security Institute, Inc. may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Restaurant OSHA Safety and Security Institute, Inc. makes no commitment to update the Materials at this Site.

6. Limitation of Liability:
In no event will Restaurant OSHA Safety and Security Institute, Inc., its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

7. Applicable Law:
The Terms of Use are governed by the laws of The United States of America. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Restaurant OSHA Safety and Security Institute, Inc. may assign its rights and duties under the Terms of Use without notice to any party at any time.

8. Subscription:
By purchasing a course, subscribing to a course, or making a subscription and/or purchase of any kind on this Site, the User is giving Restaurant OSHA Safety and Security Institute, Inc. permission to distribute to the User’s registered email and/or mail as seen fit.

9. Effective Date and Updates:
The Terms are effective as of January 1, 2018 and are subject to change without notice by Restaurant OSHA Safety and Security Institute, Inc. at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

ROSSI Instructors Program Agreement and Terms & Conditions

(The term “instructors” does NOT refer to our online Thinkific course instructors/creators; the term “instructors” refers to those who have enrolled and completed our ROSSI Instructor-Level Course and by doing so are authorized to market, host, and teach live classes using our text books, workbooks and course curriculums and have met all other requirements to become an Authorized ROSSI Instructor.)

FOREWARD
By becoming an instructor of our classes and using this website and our text books, workbooks and course materials you have agreed to the terms and conditions contained herein. Our Instructors are very important to us. We do our best to treat you with fairness and respect, and request that you reciprocate by doing the same. This Agreement is designed with you in mind, as well as protecting you, ROSSI, our good name, and our customers. Please read thoroughly. We believe in straight-forward and honest communication. If you have any questions, please contact us.
We do NOT provide Instructors exclusive territories. To be awarded an Exclusive Territory one must agree to and sign an Exclusive Territory Agreement with ROSSI, Inc, pay the agreed upon price for the Exclusive Territory, and met the minimum requirements agreed on between the parties in-order-to have and hold the rights to an exclusive territory. For information contact our corporate office for details.
In addition to the aforementioned Agreements, terms and conditions, and terms of use, the following Agreement, terms and conditions apply to ROSSI Authorized Instructors.

ROSSI Authorized Instructor Agreement

Please read the entire Agreement. This is a legal agreement between YOU and RESTAURANT OSHA SAFETY AND SECURITY INSTITUTE, INC. (d/b/a ROSSI, RESTAURANTOSHA.COM, RESTAURANTOSHA.ORG, RESTAURANT-OSHA-SAFETY-AND-SECURITY-INSTITUTE.THINKIFIC.COM and any of our other affiliated companies/entities).
By becoming an instructor and enrolling in our online ROSSI Instructor-Level Course, you are agreeing that you have read and understand the terms and conditions of this Agreement, and that you agree to be legally responsible for each and every term and condition.

This Agreement describes the terms and conditions for participation in the Restaurant OSHA Safety and Security Institute (ROSSI) Instructor Program. In this Agreement, the term “Instructor” refers to you (the applicant/instructor). In this Agreement, “ROSSI” refers to Restaurant OSHA Safety and Security Institute, Inc., with whom you are entering this Agreement. By applying to/enrolling in the ROSSI Instructor Program, you are confirming that you have read the Agreement and agree to the Terms and Conditions.

1. Overview: This Agreement contains the complete terms and conditions that apply to you becoming an Instructor in ROSSI’s Instructor Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to ROSSI, and “you,” “your,” and “yours” refer to the Instructor.

2. Instructor Obligations: To begin the process, you will apply to/enroll in, and complete, the online ROSSI Instructor-Level Course. You must complete this course and all other requirements as stated within. Requirements can be changed, revised, and edited by ROSSI at any time for any reason. The fact that we may auto-approve applications or enrollments does not imply that we may not re-evaluate your applications/enrollment at a later time. We may reject your application/enrollment at our sole discretion. We may cancel or deny your application/enrollment if we determine that you, your site, and/or your actions/affiliations are unsuitable for our Program; including, but not limited to:
a) Promoting sexually explicit materials
b) Promoting violence
c) Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
d) Promoting illegal activities
e) Incorporating any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
f) Including “ROSSI” or variations or misspellings thereof in its domain name
g) Being in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
h) Using/containing software downloads that potentially enable diversions of commission from other affiliates in our program
i) Creating/designing your website(s) or any other website(s) that you operate, explicitly or implied, in a manner which resembles our website or design your website in a manner which leads customers to believe you are ROSSI or any other of ROSSI’s affiliated businesses

3. Students, Clients, Attendees, Team Members/Affiliates:
a) The Instructor is responsible for recruiting his/her own students, clients, attendees, and team members/affiliates.
b) The Instructor is responsible for instructing, promoting, scheduling, setting up, and conducting his/her own classes, courses, workshops, and lessons; including providing all materials needed for all participants.
c) The Instructor is responsible for collecting all payments from his/her students, clients, attendees, and all other participants of the Instructor’s classes, courses, workshops, and lessons.
d) The Instructor is responsible for all costs associated with Items 3a, 3b, and 3c.

4. Income
Instructors market, host and train their own classes and can hire, retain, manage and train their own instructors to work along-side of and with them. Instructors own their own businesses and determine their own business best practices and are responsible for their own bookkeeping, marketing, expenses, taxes, etc. ROSSI provides business advice to instructors during instructor classes and training sessions, but Instructors decide for themselves how to operate their own business.
Instructors are responsible for collecting their own monies for classes, books, workbooks, etc.
ROSSI does NOT make any money from the classes that an authorized instructor teaches. Instructors keep 100% what they make. ROSSI only makes income from selling workbooks, selling text books, selling online classes, and the fees paid by Instructors to become instructors.

Instructors make 100% of the monies they charge for classes and whatever they charge for workbooks and text books (less the amount that they bought them from ROSSI for).

All Instructors are independent contractors and, as such, is responsible for his/her own performance and the success and/or failure of his/her own business in every way.

6. Refunds:
We do NOT provide refunds to instructors for any reason.

7. Usage and Obligations:
a) If authorization has been granted by ROSSI to do so (by ROSSI providing the Instructor with login access), the Instructor may be permitted to use the ROSSI brand and marketing resources IF and WHEN available in the Secured Login Section of RestaurantOSHA.com or Tool Box. Logos and other assets cannot be modified. The Instructor does not gain any trademark, copyright or any other rights to these materials.
b) The Instructor will never imply that s/he is acting on behalf of ROSSI and will never advertise ROSSI products directly as their own. The Instructor will never bid for advertisements that compete with ROSSI.
c) The Instructor will never represent him/herself, ROSSI, or their relationship with ROSSI, in a false or misleading way.
d) The Instructor will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing ROSSI.
e) Instructors are subject to, and must follow, all laws and the rules of disclosure pertaining to the use of affiliate links. The FTC (Federal Trade Commission) provide guidelines.

8. Term and Termination:
a) Either party has the right to terminate the Agreement immediately without prior notice and without recourse by the other. All relationships between ROSSI and any instructor is completely voluntary.
b) All Instructors must renew their Instructor Training which includes taking the employee-level and management-level courses each year.

9. Governing Law:
a) This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Alabama County of Shelby, without regard to its conflict of laws rules.

10. Arbitration:
a) All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Alabama County of Shelby using the AAA
b) An award of arbitration may be confirmed in a court of competent jurisdiction.

11. Modification:
a) We may modify any or all of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not be limited to, changes in the scope of available commissions, commission schedules, percentages, payment procedures, and Instructor Program rules.

12. Authorized Instructors may build a team of Authorized Instructors that work as either employees or independent contractors for them just like any business can determine for itself when and how to expand. ROSSI has no authority or responsibility pertaining to this relationship. All text books and workbooks can be purchased through the business owner/Authorized Instructor that owns and operates the business and the team of instructors

13. All text books and workbooks must be purchased thru ROSSI using the tier-pricing chart in existence at the time of purchase.