1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
3. THIRD PARTY SITES AND SERVICES
The NYCOSHASAFETYTRAINING.COM site and services available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NYCOSHASAFETYTRAINING.COM , including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that NYCOSHASAFETYTRAINING.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, you understand and agree that NYCOSHASAFETYTRAINING.COM is under no obligation to become involved. In the event that you have a dispute with one or more third parties, you hereby release NYCOSHASAFETYTRAINING.COM, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
4. PRIVACY AND INFORMATION DISCLOSURE
5. LIMITATIONS ON SERVICE
You acknowledge that nycoshasafetytraining.com may establish limits concerning use of the Service, including the frequency with which you may access the Service. You acknowledge that NYCOSHASAFETYTRAINING.COM reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NYCOSHASAFETYTRAINING.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. ACCESS TO THE SERVICE
NYCOSHASAFETYTRAINING.COM grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by NYCOSHASAFETYTRAINING.COM. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in safety services or in any subset of safety services such as training, OSHA compliance products, green building products or services, or which is in the business of providing online safety training.
Use of the Service beyond the scope of authorized access granted to you by nycoshasafetytraining.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from NYCOSHASAFETYTRAINING.COM.
7. TERMINATION OF SERVICE
You agree that NYCOSHASAFETYTRAINING.COM, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, for any reason, including, without limitation, if NYCOSHASAFETYTRAINING.COM believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that NYCOSHASAFETYTRAINING.COM shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-9 shall survive termination of the TOU.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE NYCOSHASAFETYTRAINING.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NYCOSHASAFETYTRAINING.COMSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NYCOSHASAFETYTRAINING.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE OSHA.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYCOSHASAFETYTRAINING.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE NYCOSHASAFETYTRAINING.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NYCOSHASAFETYTRAINING.COM. TO THE FULLEST EXTENT PERMITTED BY LAW, NYCOSHASAFETYTRAINING.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NYCOSHASAFETYTRAINING.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NYCOSHASAFETYTRAINING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE NYCOSHASAFETYTRAINING.COM SITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold NYCOSHASAFETYTRAINING.COM, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. GENERAL INFORMATION
The TOU constitute the entire agreement between you and NYCOSHASAFETYTRAINING.COM and govern your use of the Service, superceding any prior agreements between you and NYCOSHASAFETYTRAINING.COM. The TOU and the relationship between you and OSHA.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NYCOSHASAFETYTRAINING.COM agree to submit to the personal and exclusive jurisdiction of the courts located within the City of NYC, New York. The failure of NYCOSHASAFETYTRAINING.COM to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We welcome your questions and comments on this document via email to NYCOSHASAFETYTRAINING@GMAIL.COM