Last updated: December 1st, 2019
This Membership Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and HAZWOPER OSHA Training, LLC. (“HAZWOPER OSHA”). It applies to your use of any of the HAZWOPER OSHA online learning platform services in preview mode, on a free trial basis, or pursuant to your purchase of a membership or any other HAZWOPER OSHA service offering.
1. Scope of Use.
“Term” means the duration of your membership, including any free-of-charge trial period. On the condition that you comply with this Agreement, HAZWOPER OSHA grants you the rights described in this Agreement during the Term. Access to the Service, and the content it contains, is limited to only those individuals and teams who are currently members in good standing, or who are authorized users of the Service under an agreement between HAZWOPER OSHA and a company or other entity (the “Sponsor”). The Sponsor may require that you comply with additional terms and conditions. The Service is provided for your personal use only. Sharing user names, passwords, memberships, and/or accounts is prohibited.
2. Content Use and Limitations.
- Each User is permitted during the Term to use the electronic tools provided by the Service to:
- electronically search across and view the full content of the works in the Service;
- print, download and store Sections (defined below) of a work on the individual User’s hard drive or other storage device for such individual User’s personal use only; and
- quote portions of works accessible via the Service in other works that the User creates, up to an aggregate of 250 words from any single text or a comparable strictly limited portion of material in other media, provided that the copyright owner is given proper attribution in any publication or other media in which the quote appears, based on the proprietary notices appearing with the content in the Service.
- “Section” means the limited portion of a work that is displayed to the User at one time by the Service. Users can scroll freely throughout a single Section. To access another Section, a User is required to click through.
- Each individual User who is a teacher or professor, or is retained or employed by a Sponsor as a course instructor, is also permitted during the Term to:
- post, for the benefit of his or her enrolled students, up to 2 Sections of works included in the Service on the Sponsor’s institutional or other instruction-related intranet, provided that (i) the site is monitored for unauthorized use by the institution (or the Sponsor, in the case of a Sponsor agreement), (ii) use of the posted Sections is limited to students enrolled in the User’s course, and (iii) the posted material is removed when the course is completed (or upon termination of the applicable membership or Sponsor agreement, if that occurs first); and
- reproduce in hard copy format no more than 2 Sections of any work included in the Service, for use by enrolled students in courses conducted by the User.
- If the User teacher, professor, or instructor desires to provide access for a course to more than 2 Sections of any work contained in the Service, each student is required to have his or her own individual membership in order to access that content.
- You acknowledge and agree that:
- Any use of “Web spiders,” or any other automated retrieval mechanisms (other than search and retrieval features of the Service), is strictly prohibited, and such prohibited uses include, without limitation, use to download or print content;
- You will not, and will not permit others (including other Users) to: (i) modify, remove, augment, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content accessed via the Service, in whole or in part, except as expressly provided in this Agreement, or except in ways which qualify as “fair use” under U.S. copyright law (Section 107 of Title 17 of the United States Code) (“U.S. Fair Use”); (ii) post any content accessed via the Service to Usenet, or any third party website, or provide such content to others by any other means, such as an intranet system, blogs or RSS feeds, except as specifically authorized by this Agreement, or as permitted under U.S. Fair Use; (iii) assign, license, or otherwise transfer to any third party, all or any part of rights granted to you under this Agreement, or any content accessible through the Service; (iv) circumvent HAZWOPER OSHA’s content security measures; and (v) provide any commercial hosting service with access to the Service, and/or content accessed through the Service.
- You will notify HAZWOPER OSHA immediately of any actual or suspected (a) unauthorized use(s) of the Service, or any content accessed through the Service, or (b) breach of security, including loss, theft, or unauthorized disclosure of any password or credit card information, or confidential information related to the Service.
3. Content Accessed via the Service.
- The content accessed through the Service may include inaccuracies or errors. Changes are periodically made to the content. HAZWOPER OSHA may rename, make improvements and/or changes in, and/or withdraw any components from the Service at any time without notice, and with or without refunds. In the case of removal of any work from the Service by HAZWOPER OSHA, all content from that work stored by you on any hard drive or storage device must be destroyed or deleted.
- Except as expressly permitted by this Agreement, content accessed via the Service may not be stored, reproduced, or transmitted in any form and/or by any means without the express prior written permission of the copyright owner. HAZWOPER OSHA and its content providers reserve all rights not expressly granted in this Agreement. HAZWOPER OSHA or its content providers own the title, copyright, and other intellectual property rights in the Service, and content accessed through it. You may not remove or obscure any copyright or other proprietary notices that appear on the Service or on content accessed through it. The Service and the content accessed through it are provided on a limited basis under this Agreement, and are not being sold or otherwise transferred to you.
- The Service may include links to third party sites. The third party sites are not under HAZWOPER OSHA’s control, and HAZWOPER OSHA is not responsible for their contents, or any links contained in them. HAZWOPER OSHA is providing these links as a convenience, and the inclusion of any link does not imply endorsement by HAZWOPER OSHA.
- Some content in the Service may be subject to U.S. regulations prohibiting export in certain situations, and you agree to comply with all applicable international and national technology export laws, including the U.S. Export Administration Regulations.
- HAZWOPER OSHA may terminate or suspend any User’s or Sponsor’s access to the Service in the event of any actual or alleged fraud or violation of this Agreement and/or violation of the Sponsor’s agreement with HAZWOPER OSHA, the intellectual property rights of any owner of any content contained in the Service, or any additional terms and conditions which the Sponsor has placed on use of the Service.
- Upon termination or expiration of your membership, or of your status as an authorized User under a Sponsor agreement, you must immediately cease using the Service, and all copies of content accessed via the Service stored by you on any hard drive or other storage device or in hard copy must be deleted or destroyed.
4. Disclaimer of Warranties and Exclusion of Certain Damages & Remedies as Permitted by Applicable Law.
- EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES IN RESPECT OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS, DELAYS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTIES. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
- NEITHER HAZWOPER OSHA NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOSS OF CONFIDENTIAL OR OTHER INFORMATION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT, EVEN IF HAZWOPER OSHA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
- YOUR SOLE AND EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF HAZWOPER OSHA AND ANY OF ITS SUPPLIERS UNDER THIS AGREEMENT ARE LIMITED TO REFUND OF THE PAYMENTS MADE BY YOU FOR THE SERVICE.
- Under no circumstances shall HAZWOPER OSHA or its suppliers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or other causes beyond its reasonable control, including, without limitation, Internet failures, telecommunication equipment failures, fires, floods, etc.
5. Feedback and Comments/Contributions Regarding Pre-publication Content.
HAZWOPER OSHA welcomes feedback from Users regarding the Service and its content, and with respect to certain works included in the Service prior to publication elsewhere, HAZWOPER OSHA or its content providers may provide you with the opportunity to comment on or make contributions to those works. “Feedback” means any and all evaluations, feedback, comments, contributions, ideas, suggestions, and any other communications regarding the Service, or any content in the Service, that Users may provide or otherwise make available to HAZWOPER OSHA. You grant to HAZWOPER OSHA the irrevocable and non-exclusive right in its sole discretion to use the Feedback as it deems appropriate in connection with the development and/or modification of the Service or any other work, product or service. The rights granted by you include the right to modify the Feedback and/or to combine it with other content and suggestions, and the right to authorize others to exercise any rights granted to HAZWOPER OSHA under this Section 5. Neither HAZWOPER OSHA, nor anyone to whom HAZWOPER OSHA grants rights under this Section 5, will have any obligation or liability to you with respect to any use made of the Feedback. You warrant and represent that your Feedback will not (a) include unauthorized disclosure(s) of personal information, trade secrets, or confidential information; (b) violate anyone’s rights, including without limitation intellectual property rights; (c) contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any software, systems, or devices; (d) contain or link to commercial solicitations; (e) contain data or technology subject to restriction under laws regulating the export and other dissemination of information or technology; or (f) be inaccurate, defamatory, obscene, harassing, or otherwise objectionable.
6. User’s Conduct. You agree that you will not use the Service or any of its features to:
- transmit spam, bulk, or unsolicited communications;
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any transmitted content;
- misrepresent your identity, or affiliation with any person or entity;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to participate in the site or any site projects or services;
- engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law; or
- collect or store personal data about other users unless specifically authorized to do so by such users.
7. General Provisions.
- This Agreement is governed by the laws of the State of California applicable to agreements made and performed there by California residents.
- Except for any claim based on violation of the intellectual property, trade secret, or related rights of HAZWOPER OSHA and/or any of its content suppliers, any dispute or controversy arising under or in connection with this Agreement shall be submitted to mediation under the auspices of JAMS in San Francisco, CA (“JAMS”). Any dispute or controversy not resolved within thirty (30) days after submission shall be settled by arbitration in San Francisco, CA under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires a dispute between them to be settled by arbitration. In the event the parties cannot agree on such arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator’s name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party and the parties will share equally the expenses of the jointly selected arbitrator. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court of competent jurisdiction. Punitive damages shall not be awarded.
- This Agreement is the final, complete, and exclusive agreement between you and HAZWOPER OSHA relating to the Service, and content accessed via the Service, and it supersedes all other oral or written communications, proposals and representations with respect to any subject matter covered by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions shall continue in full force and effect.
- HAZWOPER OSHA may provide you with notices, including notices about changes to this Agreement, by means that include but are not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or developed in the future. Any such notice shall be effective as of the date that it is posted, sent, or otherwise made accessible by HAZWOPER OSHA to the User(s). You warrant and represent that the contact and other account information that you provide to HAZWOPER OSHA is accurate and you acknowledge that it is your responsibility to update such information in order to maintain its accuracy.
- HAZWOPER OSHA may amend this Agreement by updating the Agreement posted on HAZWOPER OSHA’s website and/or by other means of notice to you. By continuing to access the Service after the posting of the updated Agreement, you agree to be bound by the updated Agreement. If the terms of any HAZWOPER OSHA policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.
8. Billing, Renewal and Cancellation Provisions for Individual Members and Teams Only (Includes Automatic Renewal).
- Individual Members are billed prior to the start of their membership cycle: monthly, annually, or semiannually (i.e. every 6 months). Teams are billed on an annual basis. Members are responsible for payment on the period billing date. The membership fee may change for a future Term and the new amount will be shown before you renew. Cancellation after the billing date will not result in a refund or credit, except as provided below in the case of automatic renewal of annual and semiannual memberships.
- Individual members with yearly memberships pre-pay on a yearly basis until the membership is cancelled.
- All other membership plans are pre-paid on or prior to the start date of the Term. For annual and semiannual memberships, no refund or credit with respect to the current Term is available if membership is cancelled prior to the end date of the current Term, except for cancellations made with respect to a renewal Term during the first 14 days of that renewal Term as follows: the annual or semiannual membership will automatically renew on the first date of the renewal Term, the membership fee for the renewal Term will be charged to the member’s credit card or other payment account, and an e-mail billing confirmation will be sent to the member, including HAZWOPER OSHA’s email contact point for customer service and cancellation requests. If the member within 14 days from the date of the billing confirmation cancels or downgrades the membership, the member will be entitled to a refund or credit for the amount charged to the member’s credit card or other payment account for the renewal Term, in accordance with HAZWOPER OSHA’s policies. No refunds or credits are granted for any cancellations requested after that 14 day period. Any refund will be in the form of a credit to the credit card or payment account to which the membership fee was originally charged.
9. Provisions Applicable to Users who Access the Service under Sponsor Agreements; Government Users.
- Access to the Service, and content made available through it, is limited to the employees, contractors, agents, or such other persons, within a Sponsor’s organization who are specifically authorized to use the Service under the agreement between Sponsor and HAZWOPER OSHA. Each User’s access to the Service is strictly limited to the period of time that the User is qualified to be a User by virtue of his or her relationship with Sponsor. If a User becomes disqualified to use the Service, the User must immediately cease using the Service, and all copies of content accessed via the Service stored by that User on any hard drive or other storage device must be deleted or destroyed.
- The Service is a “commercial item” as that term is defined at FAR 2.101. If acquired by or on behalf of a civilian agency, the U.S. Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (“Computer Software”) and 12.211 (“Technical Data”) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires the Service (including, without limitation, commercial computer software and/or commercial computer software documentation and other technical data such as the content accessible over the Service) subject to the terms of this Agreement, as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software or technical data.