SCOPE OF TERMS
These Terms of Use (“TOU”) apply to the Health & Safety Institute (“HSI”) website located at http://www.hsi.com and all web pages linked to that website and operated by us, the Health and Safety Institute (collectively, “Site”). Through the Site, we provide users with access to a variety of resources such as online classes, training materials, online tests, and customer support (collectively "Services"), and use of these Services is also subject to the TOU. By accessing the Site and using the Services, you agree to the terms of this TOU. If you do not agree with these terms, do not use the Site or the Services. When you access some of the Services, you may also be subject to additional terms specific to the use of that particular Service (“Service Terms”). If there is an inconsistency between the Service Terms and the terms contained in this TOU, the Service Terms will control.
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
Your privacy is important to us, please review our Privacy Policy which explains how we collect and use your 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.
PROPRIETARY RIGHTS
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 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.]
LINKS TO THIRD PARTY SITES
WE MAY PROVIDE LINKS THAT WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE LINKED SITE. IF YOU CHOOSE TO ACCESS ANY OF THE LINKED SITES FROM OUR SITE, YOU DO SO AT YOUR OWN RISK. YOU SHOULD REVIEW CAREFULLY THEIR TERMS OF USE AND PRIVACY POLICY STATEMENTS.
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.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless, HSI, its directors, officers, shareholders, affiliates, agents and licensors from and against any and all damages, losses, liabilities and costs, including without limitation, reasonable attorneys’ fees, arising from your breach of the terms of this TOU or the Privacy Policy [or your use of the Site or the Services].
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act of 1998, notifications of claimed copyright infringement should be sent to us addressed as follows: Health & Safety Institute, Attn: Copyright Agent, 1450 Westec Dr., Eugene, OR 97402, Ph. 800 447 3177, E-mail: HSI-info@hsi.com. In order to receive a response, your inquiry must include all of the following information:
- A physical or electronic signature of the 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 the service provider to locate the material;
- Information reasonably sufficient to permit us 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.
GENERAL
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. In addition, you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Oregon.
Copyright © 2010 Health & Safety Institute or its affiliates. Any rights not expressly granted herein are reserved.
Last Updated: February 15, 2010.