SCOPE OF TERMS
We reserve the right to change the terms of this TOU at any time in our sole discretion. If we change the TOU in a material way, a notice will be posted on the Site along with the updated TOU. By continuing to access and use the Site, you agree to the terms of the updated TOU. In the event you do not consent to the terms of the updated TOU, you may discontinue use of the Site and the Services.
USE TERMS AND RESTRICTIONS
Unless otherwise specified, this Site and the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of this Site or any content obtained through use of the Services.
As a condition of your use of the Site and the Services, you will not use the Site or the Services for any purpose that violates any applicable laws or regulations, or that is prohibited by the TOU. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair any server that hosts the Site, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of the Site or any of the Services. You may not attempt to gain unauthorized access to any Services or to other users’ accounts through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you as part of your permitted access to the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
USER ACCOUNT, PASSWORD, AND SECURITY
Some of the Services may require you to open an account before you can access them. In such cases in order to obtain access, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. As part of this process, you also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If we or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses.
All trademarks, service marks, designs, music clips, videos, documentation and other content included on the Site and offered through the Services is the property of HSI and its content providers and is protected under international, federal and state trademark, copyright, patent and other intellectual property laws.
INFORMATION SUBMITTED OR POSTED BY YOU AND OTHER USERS
You and other users of the Site and the Services may post comments, reviews and other content on the Site, or submit information such as feedback, suggestions and course related information to us while using the Site or the Services (collectively, “Information”). You may not provide any Information that is invasive of another person’s privacy rights, illegal, obscene, threatening, defamatory or otherwise harmful to third parties. We reserve the right to remove any Information you post at anytime for any reason.
We do not claim ownership of the Information you provide to us, however, by providing the Information you grant HSI a worldwide, royalty-free, non-exclusive fully sublicensable right and license to use, distribute, display, reproduce, adapt, modify, create derivative works from, incorporate into other works, publish and translate the Information you provide to us in whole or in part in any medium. In addition, you represent and warrant that you are the owner, or otherwise in control of, all the rights necessary to provide the Information to us and grant us this license and that the Information provided is accurate.
THIRD PARTY SITES
The Site may contain frames of and hyperlinks to other websites controlled by third parties (“Third Party Sites”). Access to these Third Party Sites is provided solely as a convenience to you and does not imply endorsement by HSI of, or any affiliation with, or endorsement by, the owner of the Third Party Site. HSI is not responsible for the contents or use of any Third Party Site or the results you may obtain from their use.
Your dealings or communications through the Site with any party other than HSI are solely between you and that third party. For example, certain areas of the Site may allow you to post comments and carry on conversations with other users through such postings and other areas may include tools that allow you to sign into or register to use services operated by third parties, such as Facebook or Twitter. HSI is not responsible for the actions or policies of such third parties. Under no circumstances will HSI be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully any such third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
LINKING TO THIS SITE
DISCLAIMERS AND LIMITATIONS OF LIABILITY
WE, OUR CONTENT PROVIDERS AND OUR AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE AND IN THE SERVICES FOR ANY PURPOSE NOR DO WE WARRANT THAT THE SITE, THE SERVICES OR ANY INFORMATION CONTAINED THEREIN, WHETHER VIEWED ONLINE OR DOWNLOADED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, WILL BE FREE FROM DATA LOSS, VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND THE SERVICES ARE PROVIDED BY US AND OUR CONTENT PROVIDERS ON AN "AS IS" AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS, DEFECTS AND ERRORS”. NEITHER WE NOR OUR CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE TRAINING PROGRAMS OFFERED THROUGH THE SITE OR THE SERVICES WILL MEET THE SPECIFIC LICENSING OR CERTIFICATION REQUIREMENTS FOR ANY INDIVIDUAL GOVERNMENT AGENCY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE, OUR CONTENT PROVIDERS OR OUR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, THE SERVICES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In operating the Site, we may act as a “services provider” as such term is defined in the Digital Millennium Copyright Act (the “DMCA”), and offer services as an online provider of materials and links to Third Party Sites or user submitted Information. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site.
If you are a copyright owner or an agent thereof and believe that any material available on the Site or Services infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing HSI’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.
Please note that under 17 U.S.C. § 512(f) any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages.
Please also note that the information provided in a Notification may be forwarded to the person who posted the allegedly infringing material.
All Notifications must include the following (see 17 U.S.C. § 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HSI to locate the material;
- Information reasonably sufficient to permit HSI to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Health and Safety Institute
Attn: Copyright Agent
1450 Westec Drive
Eugene, OR 97402
If you believe that material you posted to the Site or Services that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification (“Counter Notification”) to the Copyright Agent containing the information described below.
Please note HSI is required to send a copy of your Counter Notification to the party who submitted the Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.
Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.
All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3) for further details):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for the District of Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
Upon receipt of a Notification or Counter Notification, HSI will comply with the applicable procedures set forth in 17 U.S.C. § 512.
Pursuant to 17 U.S.C. § 512(i)(1)(A), it is HSI’s policy to terminate, in appropriate circumstances, user account holders who are repeat infringers.
If any provision of this TOU is found to be invalid, void or otherwise unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
By accessing the Site and the Services, you agree that the laws of the State of Oregon, without regard to its conflict of law provisions, will govern the terms of this TOU and any dispute that may arise between you and us. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site or the Services must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. In addition, you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Oregon.
Copyright © 2010-2013 Health and Safety Institute (HSI). Any rights not expressly granted herein are reserved.
Last Updated: January 14, 2014