1.1 Welcome to SafetyFlash, the Environmental Health and Safety Supersite. We thank you for your business and we sincerely hope that you enjoy your online learning experience. These Terms and Conditions of Use (collectively, the "Agreement") govern your use of SafetyFlash, an Internet training service (the “Service”) operated by Aguirre-IS, a division of JBS. The Service consists of online courseware powered by computing resources, both hardware and software. In addition to courseware, other information is provided by Aguirre-IS and its affiliates (collectively "the Companies"). The content for the courseware is generally provided by third parties (“Third Party Content Providers”) and the use of such content is licensed by Aguirre-IS.
1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance. Aguirre-IS reserves the right, in its discretion, to change or modify all or any part of this Agreement, at any time. Such changes or modifications shall be effective immediately upon publication. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Aguirre-IS, as permitted above.
If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service.
2. Grant of License:
Aguirre-IS grants you the right, with a standard web browsing program not supplied by Aguirre-IS (a "Browser"), to use the Service that contains information, software, photographs, audio and video clips, graphics and other material (collectively, the "Content") for your own individual (non-commercial) use on a personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of Aguirre-IS.
3. Use of Service Content; Copyright:
3.1 You acknowledge that the Service contains Content that is protected by copyright, trademark or other proprietary rights of Aguirre-IS, the Companies, or third parties. All Content on the Service is copyrighted as a collective work of Aguirre-IS pursuant to applicable copyright law or has been licensed by Aguirre-IS. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the individual, noncommercial, use of the registered subscribers of the Service.
3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
3.3 You may download or copy the Content only for your own individual use, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Aguirre-IS or the owners of such Content.
3.4 You may upload to or download from the Service any Content in the public domain (content that is not protected by copyright or other law) for your own individual use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices that may be posted on such Content.
3.5 You grant to Aguirre-IS the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
4. Service Rules of Conduct:
You may not upload to, or distribute or otherwise publish through the Service, any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Aguirre-IS, in its sole and absolute discretion, (b) contains viruses or
other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not use the Service for any commercial purpose and may not distribute over the Service any advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service.
5. No Endorsement:
5.1 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Aguirre-IS is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
6. Subscriber Qualifications:
6.1 As part of the registration process, you will be asked for a unique username and password. You will also be asked to provide certain information about yourself. You must provide
accurate, complete, and current registration information and you agree to provide Aguirre-IS with any updates to that information promptly after such changes occur.
6.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.
6.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.
6.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.
Aguirre-IS will refund your money if you are not satisfied with the any course you signed up and paid for, so long as you have not completed the course and received the completion certificate.
8. Service and System Availability:
Aguirre-IS uses reasonable efforts to maximize system availability. Should technical difficulties occur with the Service, Aguirre-IS shall make a reasonable effort to correct the problem and is not responsible for any down time. Aguirre-IS is not responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software, or other such matters.
You hereby agree to indemnify, defend and hold Aguirre-IS, the Companies, Third Party Content Providers, and all of their officers, directors, members, managers, employees, owners, attorneys, agents, and licensors (collectively, the "Indemnitees") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnitee in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account including any use or alleged use of your account or password by any person, whether or not authorized by you. The Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with such Indemnitee's defense of such claim.
10. Termination of Service:
10.1 Aguirre-IS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability.
10.2 Aguirre-IS may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
11. Disclaimers; Limitation of Liability:
11.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER AGUIRRE-IS, THE COMPANIES,THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE EMPLOYEES OR AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED OR SOLD THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
11.2 NEITHER AGUIRRE-IS, THE COMPANIES, NOR ANY PROVIDER OF THIRD PARTY CONTENT NOR THEIR RESPECTIVE EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.
11.3 AGUIRRE-IS HAS ADVISED YOU THAT THE EDUCATIONAL CONTENT OF THE COURSES OFFERED ON THIS WEBSITE HAS BEEN OBTAINED BY PROVIDERS OF THIRD PARTY CONTENT AND AGUIRRE-IS HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR INACCURACIES IN SUCH CONTENT. AGUIRRE-IS FURTHER DISCLAIMS ANY LIABILITY FOR NOT INDEPENDENTLY VERIFYING THE CONTENT RECEIVED FROM THIRD PARTY CONTENT PROVIDERS. AGUIRRE-IS HAS RELIED ON REPRESENTATIONS AND WARRANTIES FROM THE THIRD PARTY CONTENT PROVIDERS THAT THE CONTENT THEY HAVE PROVIDED FOR USE ON THIS WEBSITE IS ACCURATE.
11.4 NEITHER AGUIRRE-IS, THE COMPANIES, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICE, OR ANY OTHER BREACH OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.5 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AGUIRRE-IS, THE COMPANIES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Third Party Rights:
The provisions of this Agreement are for the benefit of Aguirre-IS, the Companies, Third Party Content Providers and their respective employees and agents; and each such party will have the right to enforce such provisions directly on its own behalf.
14. Secured Purchases on the Service:
Aguirre-IS provides secure credit card transactions via Verisign. For more information on Verisign, please visit www.verisign.com.
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the state courts located in San Mateo County, California or federal courts located in San Francisco, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties or as specified in paragraph 1.2 of this Agreement, and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 9, 11, 12 and 15 shall survive termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.
16. Additional Copyrights:
Some of the images in this Website are licensed from © Digital Vision.