This Publishers Agreement (“Agreement”) sets forth the terms and requirements governing your provision of education and training data and information, including all related metadata and paradata (collectively, “Content”) to the HMS website, including the provision, accuracy, and currency of such Content. The HMS Terms of Use, Privacy Statement and this Publishers Agreement together describe your rights and responsibilities with regard to use of the following websites owned by HMS (hereinafter “we,” “us” or “our) (“Websites”): www.hazmatsociety.org, and any other HMS website that links to this Publishers Agreement. By providing Content to or obtaining data from the Website, you consent to those general Terms of Use and Privacy Statement in addition to the terms of this Publishers Agreement (to which you separately agree). In the event of a conflict between the Terms of Use and this Publishers Agreement, this Publishers Agreement will control.

Contents

  • Modification of The Terms
  • Account and Authentication
  • Data Requirements
  • Accuracy and Currency of Data
  • Data Management Service Providers
  • Representations, Warranties, and License
  • Liability and Indemnification
  • Disclaimer of Warranties
  • Limitation of Liability
  • Ethics and Responsibility
  • DMCA Notice
  • Governing Law
  • Miscellaneous
  • Contact Information

Modification of The Terms

We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You can determine when this Agreement was last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Agreement been posted, you thereby agree to the amended Agreement.

Account and Authentication

An entity seeking to upload Content into the Website must establish an account with HMS before doing so. To establish an account, the entity must provide the information required at the HMS registration page. The account will become operational upon approval by HMS.

You agree to maintain the accuracy and currency of your account information and Content. In the event your Content appears to be inaccurate or incomplete, HMS reserves the right to suspend or delete your Content from the Website.

Data Requirements

You agree to comply with the Website’s requirements explained herein. This sets forth the requirements for Content to be published to the Website. Requirements include information regarding your organizational structure, education and training programs, quality assurance regimens you abide by, assessment information, cost, and other information. HMS reserves the right to modify policies from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish Content to the Website.

Accuracy and Currency of Data

When you publish Content, you will be asked to provide information regarding how frequently the information about your Content is likely to change. If you have not updated the Content within the timeframe that you state, or if you do not respond to an inquiry from HMS regarding the accuracy and currency of that Content, HMS may take appropriate steps, including removal of the Content, to inform users of the Website that the Content may not be current. HMS reserves the right to modify this policy from time to time, and you agree to comply with any revisions that may be adopted as a condition to your right to publish Content to the Website.

Data Management Service Providers

If you provide data management services to one or more issuers/providers of data (the  “Providers”), you may establish an account with HMS as herein described to do so. By establishing an account and providing Content on behalf of Providers, you agree and acknowledge that: (i) you have been granted express permission from all Data Providers to publish their Content on their behalf and to grant HMS and third party users the rights and licenses herein granted; (ii) you will indemnify, defend, and hold HMS harmless from and against any claims, including attorney’s fees and costs, asserted by any Credential Provider based upon your acts or omissions hereunder; (iii) HMS shall have the right to verify your authorization with all Data Providers whose data you provide or seek to provide hereunder; and (iv) all of the terms, conditions, representations, warranties and limitations of this Publishers Agreement, as well as the Terms of Use and Privacy Statement, shall apply to you and all of your acts or omissions hereunder.

Representations, Warranties, and License

You represent and warrant to HMS that: (i) you are the owner of the Content that you post to the Website, and/or that you have full legal right and authority to post to the Website the Content that you publish on behalf of any Credential Provider; (ii) you have full legal authority to grant to HMS the rights and licenses described in this Publisher Agreement; (iii) the Content that you publish on the Website is accurate, current, and complete as of the date that it is published; and (iv) any Content you post does not and will not infringe upon or constitute a misappropriation of any third party copyright, trademark, trade secret, confidential or proprietary information, patent or other intellectual property right. You further agree to indemnify HMS for any loss resulting from a breach of this representation and warranty.

IN ADDITION TO THE FOREGOING, YOU SPECIFICALLY REPRESENT AND WARRANT THAT YOU SHALL NOT AT ANY TIME POST ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE WEBSITE, AND THAT YOU SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, RULES AND ORDERS, INCLUDING BUT NOT LIMITED TO THOSE DEALING WITH PRIVACY AND HANDLING AND PROCESSING OF PERSONALLY IDENTIFIABLE INFORMATION. YOU FURTHER AGREE TO INDEMNIFY HMS FOR ANY LOSS RESULTING FROM A BREACH OF THIS REPRESENTATION AND WARRANTY, INCLUDING ANY CLAIMS BY ANY GOVERNMENT AUTHORITY BASED UPON YOUR PRIVACY PRACTICES.

By publishing Content to the Website, you thereby grant HMS a nonexclusive, universal, perpetual, irrevocable, sublicensable, commercial, and non-commercial right and license to: (i) use, copy, duplicate, download, reproduce, store in a retrieval system, distribute, sell, transmit, transfer, disseminate, aggregate, publish, create derivative works from, and otherwise make use of that Content; and (ii) grant to third parties the right and license to do any of the foregoing. You also grant HMS the right to display on our Websites and the Website any trademarks, logos, service marks, and product marks that you publish to the Website.

Liability and Indemnification

You agree to indemnify, defend, and hold HMS harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to: (i) your breach of the Terms of Use or this Publishers Agreement; (ii) your breach of your representations and warranties regarding Content that you publish to the Website; and (iii) any third party claim against HMS based upon any Content that you post to the Website.

Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR PUBLISHING OF CONTENT TO, AND USE OF, THE WEBSITES AND WEBSITE IS AT YOUR SOLE RISK. HMS AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES OR THE WEBSITE AND THEIR CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITES OR OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HMS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING FROM YOUR PUBLISHING OF CONTENT TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES. THIS IS TRUE EVEN IF HMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. HMS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, VIRUSES, INTERFERENCE, HACKING, MALWARE OR OTHER SECURITY INTRUSION, AND HMS DISCLAIMS ANY LIABILITY RELATING THERETO. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, HMS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR PUBLISHING OF CONTENT TO THE WEBSITE, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Ethics and Responsibility

You may not publish to the Website Content regarding any information that pertains to matter or conduct that is unlawful, misleading, malicious, hateful, discriminatory on the basis of race, ethnicity, national origin, sexual orientation, gender, sexual/gender identity or religious affiliation; that threatens or promotes violence; or that promotes or endorses intimidation or harassment. Nor may you use information that you receive from the Website for any such matter or conduct. We reserve the right to suspend or remove any Content that violates this provision.

DMCA Notice

If you believe that your copyright has been infringed, please follow the Digital Millennium Copyright Act (“DMCA”) procedures set forth in our Website Terms of Use.

Governing Law

The Terms of Use and this Publishers Agreement shall be governed in all respects under the laws of the United States and the District of Columbia exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under the Terms of Use or this Publishers Agreement or related to the Websites, you agree to submit to the exclusive jurisdiction of the courts located in the District of Columbia. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Miscellaneous

The Terms of Use and this Publishers Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms of Use or this Publishers Agreement 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 Terms of Use or this Publishers Agreement shall remain in full force and effect. There are no third party beneficiaries to this Publishers Agreement.

Contact Information

If you have any questions or concerns, please email us at [email protected]

 

Last Updated 9/26/2019