Dover Fueling Solutions 9/3/2024

DFS LMS Terms of Use Page | 1 January 29, 2021 DOVER FUELING SOLUTIONS – LMS TERMS OF USE Revised: January 29, 2021 1.ACCEPTANCE OF TERMS Wayne Fueling LLC, on behalf of itself and its affiliates within the Dover Fueling Solutions family of companies (collectively, “DFS”), provides technology-enabled services at the website and associated domains of https://producttraining.doverfuelingsolutions.com/ including all information and materials accessible from the Website, all of which are attached to this agreement. This "agreement" includes all terms and condition in thei document, The Terms, Technical Requirements and .all other terms and conditions are incorporated herein by reference. PLEASE REVIEW THIS TOU CAREFULLY, INCLUDING, WITHOUT LIMITATION: (A) BINDING ARBITRATION, INCLUDING THE CLASS ACTION WAIVER, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE LMS PLATFORM (INCLUDING ANY APPS), YOU AGREE TO BE BOUND BY THIS TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THIS TOU ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS TOU, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOU, YOU MAY NOT ACCESS OR USE THE LMS PLATFORM, AND YOU MUST UNINSTALL THE LMS PLATFORM, AND ALL OF ITS COMPONENTS, FROM ALL DEVICES OWNED OR CONTROLLED BY YOU. THIS TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOU OR YOUR ACCESS TO OR USE OF THE LMS PLATFORM, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOU, AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 19 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM. You represent and warrant that you are: (i) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; (iii) not a person barred from using the LMS Platform under the laws of your country of residence or any other applicable jurisdiction; (iv) not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (v) not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List. 2.GRANT OF RIGHTS (a)DFS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term solely to (i) access and view pages within the LMS Platform; (ii) access and use any online software, applications or other similar components provided through the LMS Platform, only within the LMS Platform and only in the form found within the LMS Platform; and (iii) download and copy, certain Content (defined below) designated by DFS, only as reasonably necessary and provided you do not modify such content, treat such Content as Confidential Information (defined below), and use such downloaded or copied Content solely for your internal business purposes. Your access to and use of the LMS Platform must further comply in all material respects with all usage guidelines posted on the LMS Platform itself. (b)All rights granted to you under this TOU are subject to and conditioned upon your compliance with this TOU and may only be exercised by you for your personal, non-commercial use or internal business purposes. (c)You may not use the DFS names, brands, trademarks, service marks and logos that DFS makes available on the LMS Platform (“Marks”). DFS claims trademark protection over all such Marks and you