Safety Erudite Inc.
Safety Erudite, Inc.
Terms of Service
Safety Erudite, Inc. (“Safety Erudite”) is pleased to make the web site and services located at www.safetyerudite.com (the “Site”) available for your use and benefit. The following are terms of a legal agreement between you and Safety Erudite. By using the Site you agree to be bound by the Terms of Service set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Service, you must immediately log off the Site and may not use the Site. The material provided on this Site is protected by law, including copyright law and your contractual obligations in these Terms of Service.
PURPOSE OF THIS SITE
The purpose of the services and materials provided on the Site is to facilitate information-sharing among industrial safety professionals. Such services and materials should be used only by professionals adequately trained in the fields discussed on the Site. Nothing contained in this Site is to be considered as the rendering of professional advice for specific instances, and users are responsible for obtaining such advice form their own trained professional advisers. The services and materials provided by this Site are intended for educational and informational purposes only. Users of this Site accept all risks arising out of their use of its services and information.
FEES
Safety Erudite products and services are provided to you in exchange for fees you must pay to Safety Erudite. Annual fees for shared learning membership are determined in the agreed contractual agreements between Safety Erudite and its Members. Safety Erudite may amend these fees at the time of membership renewal with consultation with members on an individual basis.
Annual subscription fees are collected in advance of the year the services are rendered and are due on the anniversary date of the renewal. Fees for other services may be charged in advance or after services are rendered, as described in the services description on the Site. Safety Erudite will not issue refunds or credits at any time on membership.
TERM AND TERMINATION
The initial term of your enrollment in the Site shall be for 1 year (unless we have both agreed in writing to a different term) from the date Safety Erudite notifies you that your username and password are ready for use. After this initial term, your enrollment in the Site will automatically renew for on a year-to-year basis unless you give Safety Erudite notice of your desire to terminate enrollment in the Site at least 30 days prior to the beginning of the next yearly term. To give that notice, you may contact Customer Service by emailing Safety Erudite's Customer Service at customersupport@safetyerudite.com.
Your subscription may be terminated by Safety Erudite at any time if you violate your obligations under these Terms of Service or otherwise infringe or violate the rights of anybody else in your use of this Site. If Safety Erudite terminates your subscription for these reasons, you will not receive any refunds of fees you have paid.
SAFETY INFORMATION PROVIDED ON THIS WEBSITE
Users, including yourself, as well as Safety Erudite, may upload information about safety incidents or post comments or other information related to industrial safety concerns (each such portion of information is “Safety Information.”) You are solely responsible to ensure the accuracy of any Safety Information you transmit through the Site, as well as to ensure that transmission and subsequent posting of that Safety Information on the Site will not violate the rights of anyone, including any other person’s copyrights, trademarks, trade secrets or rights of privacy or publicity. If you are using the Site as part of the regular course of your employment, then you are transmitting your Safety Information and are conducting activities on this Site on behalf of your employer, and your employer is deemed to be the transmitting entity for purposes of this paragraph.
If you choose to use or rely on any Safety Information posted on the Site, or disclose any Safety Information to any other person or entity which in turn uses or relies upon the Safety Information you accept sole responsibility for all risks, losses or other liabilities that arise from any use or reliance on the Safety Information. Safety Erudite disclaims any representations or warranties regarding the accuracy or reliability of the Safety Information posted or distributed through the Site, and will not be liable to you or to any other person for any harm, damage, liability or losses arising out of your or any other person’s use of or reliance upon any of the Safety Information. Safety Erudite does not guarantee the identity of any other users with whom you may interact in the course of using the Site. Additionally, Safety Erudite cannot guarantee the authenticity of any Safety Information.
By uploading any Safety Information, you are deemed to have licensed that Safety Information to Safety Erudite as well as all other users of the Site under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. During the time you are a fee-paying subscriber to the Site, you may, subject to that same Creative Commons Attribution-Noncommercial-Share Alike license deemed licensed by the originating users as well as Safety Erudite, download and use any Safety Information posted on the Site. If you use such Safety Information in the course of your own business or commercial operations, you are solely responsible for the consequences of your or any other person’s or entity’s use of or reliance on that Safety Information. To view a copy of the Creative Commons Attribution-Noncommercial-Share Alike license, visit http://creativecommons.org/licenses/by-nc-sa/3.0/us/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA.
You represent and warrant to Safety Erudite that you have all rights necessary to grant the above licenses to any Safety Information you may upload to the Site.
AGENT FOR NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
Safety Erudite's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail
Copyright Agent
c/o Safety Erudite, Inc.
201 Long Canyon Court
Richardson, Texas 75080
By e-mail
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
ACCEPTABLE USE
Limited Access. You may not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Safety Erudite’s prior, express, and written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
Additional Use Restrictions. You may not post, transmit, e-mail, re-transmit or store material on or through any of the Site which, in the sole judgment of Safety Erudite: (i) is in violation of any local, state, federal or non-United States law or regulation; (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”); or (iii) violates the rights of any Persons, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the Site. In addition, you may only use the Site in a manner that, in Safety Erudite’s sole judgment, is consistent with the purposes of the Site. If you are unsure of whether any contemplated use or action is permitted, please contact Safety Erudite at feedback@safetyerudite.com. By way of example, and not limitation, the following uses of the Site described below are expressly prohibited and you have no authority to do any of the following in your use of the Site:
a. upload, post, e-mail or otherwise transmit any information, data, text, presentation materials, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited including providing links to pornographic content elsewhere;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Safety Erudite or other official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
e. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
f. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose;
h. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Site or its related servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or used to host the Site;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. “stalk" or otherwise harass another;
m. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; and
n. effect security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
DISCLAIMERS
Accuracy. Information on this Site may contain typographical errors, inaccuracies, or omissions. Safety Erudite reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Hyperlinks. The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. Safety Erudite does not review or monitor the web sites linked to the Site and Safety Erudite is not responsible for the contents of any other web sites. Any link established by Safety Erudite does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Safety Erudite and the operators of other web sites. Safety Erudite disclaims any liability with respect to your use of any other web site, and you release Safety Erudite from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by Safety Erudite, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AS “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAFETY ERUDITE DISCLAIMS ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
You expressly assume any and all risks related to your use of this Site and/or the services provided through the Site.
This Site and all materials provided through the Site are for educational use only. Nothing contained in this Site is or should be considered, or used as a substitute for professional judgment rendered by persons adequately trained in the fields discussed on the Site.
LIMITATION OF LIABILITY
In no event will Safety Erudite or its affiliates, agents or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, punitive, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) 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.
Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Under no circumstances whatsoever shall Safety Erudite’s aggregate liability resulting from your use of this Site exceed One Hundred U.S. Dollars ($100.00).
INDEMNIFICATION
You shall indemnify, defend, and hold Safety Erudite and its shareholders, directors, officers, employees, agents, and each of their respective successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Service, or your breach of any of your representations or warranties made under these Terms of Service.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Safety Erudite’s or other owner’s proprietary rights in them.
REVISIONS TO THESE TERMS OF SERVICE
Safety Erudite may revise these Terms of Service at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
CONTINUED OPERATION, ACCESSIBILITY, AND MAINTENANCE OF THIS SITE
Safety Erudite may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice, and Safety Erudite reserves the right to refuse service to anyone at any time, with or without cause.
YOUR ACCOUNT
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are responsible for all actions and consequences that occur as a result of the use your username and password. Safety Erudite reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Safety Erudite’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
The headings in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms of Service, and any of Safety Erudite’s rights arising out of them, may be assigned in whole or in part by Safety Erudite at any time without necessity of notice to you. These Terms of Service may not be assigned in any manner by you without the express, prior written permission of Safety Erudite.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts seated in the state of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Service, (ii) agree not to commence any litigation arising out of or relating to these Terms of Service except in the Minnesota Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Service.
CONTACT
For questions or comments related to this Site or these Terms of Service, please contact Safety Erudite by email at feedback@safetyerudite.com. Any and all comments, suggestions, and materials related to such comment and suggestions that you send Safety Erudite shall become Safety Erudite’s exclusive property; and you hereby transfer, sell, and assign to Safety Erudite all of your right, title, and interest in and to any such comments, suggestions, and materials, including without limitation, any and all related patents, copyrights, trademarks and service marks, trade dress and “look and feel,” trade secrets, and all other proprietary rights of any kind whatsoever.
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