(A) Governing Terms. Welcome to the website (the “Site”) of EHS Center EHSCenter.com. This Site is an interactive on-line service operated by the EHS Center and includes the features and services available such as EHS Center Library content, EHS Matters information and research. These Terms and Conditions, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms and Conditions”) set forth the terms and conditions that apply to your use and access of the Site. By accessing and/or using the Site, you agree to comply with all of the Terms and Conditions hereof. If you do not agree to these Terms and Conditions, you should not access or use the Site.
(B) Changes to Terms and Conditions. The EHS Center may modify, add to or delete from the Terms and Conditions, or any part thereof at any time and from time to time and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. The EHS Center may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that will allow you to receive information from the EHS Center and/or to participate in certain features on the Site. You represent and warrant that all information that you provide to the Site is current, complete and accurate. You agree to maintain and promptly update your information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that The EHS Center may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms and Conditions.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
(F) Security. Users are prohibited from violating or attempting to violate the security of the Site.
2. Community Guidelines & User content
(A) Interactive areas. The Site contains comments sections, discussion forums, or other interactive features (“interactive areas”) in which you may post or upload comments (“user content”). You are solely responsible for your use of any interactive areas and you use them at your own risk. By agreeing to these Terms and Conditions, you represent that you are 18 years of age or older and fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and The EHS Center.
(B) Community Guidelines. If you submit any user content or participate in an interactive area within or in connection with the Site, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any user content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
• You agree not to upload, post or otherwise transmit any user content that is offensive to the online community, including expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any user content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.
• You agree not to upload, post or otherwise transmit any user content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
• You agree not to upload, post or otherwise transmit, without The EHS Center’s expressed prior approval, user content which contains advertising or any solicitation with respect to products or services.
• You agree not to upload, post or otherwise transmit user content that does not generally pertain to the designated topic or theme of any interactive area.
• You agree not to impersonate any person or entity, including, but not limited to, any EHS Center affiliate or employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.
• You agree not to upload, post or otherwise transmit any user content, software or other materials which contain a virus or other harmful or disruptive component.
• You agree not to interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
• You agree not to 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.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of EHSCenter.com, use of EHSCenter.com, or access to EHSCenter.com;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the EHS Center Library including all downloadable documents.
• You agree not to upload, post, or otherwise transmit any user content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, and right of publicity or other proprietary right. The burden of determining that any user content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by The EHS Center, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on EHSCenter.com.
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by EHSCenter.com.
Any conduct that in The EHS Center’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. Further, The EHS Center reserves the right in its sole discretion to remove or edit user content by you and to terminate your Account for any reason. The EHS Center is not responsible for user content submitted to the Site or posted in comments sections or on other interactive areas by users of the Site.
(C) Monitoring. The EHS Center shall have the right, but not the obligation, to monitor user content posted or uploaded to the Site to determine compliance with these Terms and Conditions and any operating rules established by The EHS Center and to satisfy any law, regulation or authorized government request and to screen, edit, refuse to post or remove without notice any user content posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any user content posted to the Site at your sole cost and expense. In addition, The EHS Center reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
(D) License to User content. By submitting user content to the Site, you hereby grant The EHS Center the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such user content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed in perpetuity. You warrant that such user content is original to you, accurate and not misleading, and that use and posting or other transmission of such user content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant The EHS Center the right to pursue at law any person or entity that violates your or The EHS Center’s rights in the user content by a breach of these Terms and Conditions.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the user content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the user content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the user content by The EHS Center or its licensees, successors and assigns; (c) you forever waive and agree not to claim or The EHS Center any entitlement to any and all moral rights of an author in any of the user content; and (d) you forever release The EHS Center, its affiliates, and its licensees, successors and assigns, from any claims that you could otherwise use against The EHS Center by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the user content for that user’s personal use.
(F) User content submitted by you will be considered non-confidential and The EHS Center is under no obligation to treat such user content as proprietary information. Without limiting the foregoing, The EHS Center reserves the right to use any user content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The EHS Center is under no obligation to offer you any payment for user content that you submit or the opportunity to edit, delete or otherwise modify user content once it has been submitted to The EHS Center. The EHS Center shall have no duty to attribute authorship of user content to you, and shall not be obligated to enforce any form of attribution by third parties. The EHS Center reserves the right to disclose your identity to any third party who claims material posted by you violates their rights, including without limitation, their intellectual property and privacy rights.
3. Intellectual Property Rights
A.The entire contents of this Site (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by The EHS Center or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of The EHS Center, except to:
• Store copies of such materials temporarily in RAM.
• Store files that are automatically cached by your Web browser for display enhancement purposes.
• Print a reasonable number of pages of the Site for a permitted use.
You must not:
• Modify the paper or digital copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark and other proprietary notices appearing on such materials. You must not reproduce, sell or exploit for any commercial purposes any part of the Site, access to the Site or use of the Site or any services or materials available through the Site without obtaining a license to do so from The EHS Center or its applicable licensor. If you wish to make any use of material on the Site other than that set out above, please address your request to: PR@ehscenter.com for web posting, reprint, transcript or licensing requests for EHS Center material or Legal@EHScenter.com for any questions or requests other than copyright issues or licensing requests. If you print, copy, modify, download or otherwise use any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by The EHS Center. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
B. Copyrights and Copyright Agent
If you own intellectual property and believe it is being infringed on this site, please let us know by filing a complaint as set forth below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to Legal@EHScenter.com (“The EHS Center”) designated agent with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed;
2. Identification, including a detailed description, of the copyrighted work or other intellectual property right claimed to have been infringed;
3. Identification, including a detailed description, of the material that is claimed to be infringing or could 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 EHS Center to identify the material, including where it is located on the site;
4. The address, telephone number and electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, owner of other intellectual property rights, its agent, or the law; and
6. A statement by the complaining party, under penalty of perjury, that the information in the notification is accurate, and that you are the owner of the copyright or other intellectual property right, or are authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed. The EHS Center’s designated agent for notice of claims of copyright infringement or other intellectual property infringement is as follows:
4. Third Party Content
The EHS Center is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of The EHS Center. Neither The EHS Center nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with The EHS Center. The EHS Center neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will The EHS Center be liable for any loss or damage caused by your use or reliance on information obtained through the Site. The EHS Center is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THE EHS CENTER, NOR THEIR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) .NEITHER THE EHS CENTER NOR ANY PERSON ASSOCIATED WITH THE EHS CENTER MAKES ANY WARRANTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ANY DOWNLOADABLE SOFTWARE FROM THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE EHS CENTER NOR ANYONE ASSOCIATED WITH THE EHS CENTER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(C) THE SITE MAY OFFER ENVIRONMENTAL, HEALTH AND SAFETY AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY PROFESSIONAL ADVICE FOR THE PRACTICE OF ENVIRONMENTAL, HEALTH AND/OR SAFETY WORK. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ENVIRONMENTAL, HEALTH AND SAFETY ADVICE OR CONSULTATION. NEITHER THE EHS CENTER, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.(D) NEITHER THE EHS CENTER, THEIR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR
(i) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU,
(ii) ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE,
(iii) FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, REGARDLESS OF THE CAUSE OR DURATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY, OR (iv) ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
The EHS Center disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to The EHS Center’s disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You agree to defend, indemnify and hold harmless The EHS Center, its affiliates and their respective directors, officers, employees and agents from and against all claims, losses, damages, costs, and expenses, including attorneys’ fees, arising out of the use of the Site by you or your Account, or any violation by you of this Agreement.
7. Termination of Account
The EHS Center may terminate or modify these Terms and Conditions at any time without notice to you. Without limiting the foregoing, The EHS Center shall have the right to immediately terminate your Account in the event of any conduct by you which The EHS Center, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms and Conditions. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, and 8 survive termination of these Terms and Conditions.
These Terms and Conditions the Site established by The EHS Center constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms and Conditions are for the benefit of The EHS Center, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. Any action relating to or arising out of this Agreement must be filed and maintained in a state or federal court located in the Central District of Ohio or Franklin County, Ohio and each user consents to exclusive jurisdiction and venue in these courts for this purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.