Thank you for visiting this HMS website. HMS operates a website that enables job seekers, students, workers, and employers to search for and compare education and training programs, affinity programs, conferences, membership data and networking information.
These terms and conditions of use (“Terms”) 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. Please read the Terms carefully, because by using our Websites you agree to be bound by these Terms. By accessing, browsing and/or using the Websites, you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use or otherwise discontinue use of the Websites.
- Modification of The Terms
- Privacy Statement
- User Responsibilities
- License and Use
- Restrictions On Use of Material
- Links To Third Party Sites
- Disclaimer of Warranties
- Limitation of Liability
- DMCA Notice
- Governing Law
- Contact Information
Modification of The Terms
HMS reserves the right, in our sole discretion, to amend these Terms, 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 the Terms were last revised by referring to the “Last Updated” notation above. If you use the Website after the amended Terms have been posted, you thereby agree to the amended Terms.
Our Privacy Statement, found here, explains how we collect, use and share information about you. By using the Website, you accept our Privacy Statement.
As a condition of your use of the Websites, you agree not to engage in the following:
- use the Websites in any manner that violates any applicable local state, federal law or regulation, or that is prohibited by these Terms;
- take any action, or use the Websites in any manner, which could damage, disable, overburden, or impair their use or their contents, or interfere with any other party’s use and enjoyment of the Websites;
- alter any information about credentials contained on the Websites unless you are the owner of such information, and have been approved by HMS’s user authentication systems;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Websites, or attempt to reverse engineer, decompile or disassemble any software running on the Websites;
- publish, transmit or otherwise transfer, distribute, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any content from the Websites unless you have received permission from HMS in a separate agreement, including but not limited to the agreements described in items (b) and (c) in the “License and Use” Section, below.
- upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and
- encourage or enable any other individual to do any of the foregoing.
License and Use
- Users: Subject to your compliance with these Terms, HMS grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Websites solely for your personal use and internal use within your organization. You may also copy, duplicate, download, store in a retrieval system and disseminate information and content from the Websites, provided that all such use is made solely and strictly within your own organization for your organization’s internal use, and not for use or distribution to any third parties outside your organization, whether for commercial or noncommercial purposes. No other right, title or interest in or to the Websites is transferred to you, and all rights not expressly granted are reserved by HMS or its licensors. You may not reproduce, publish, distribute, display, modify, create derivative works from, sell in any way, in whole or in part, or make commercial use of the Websites or any content on the Websites without the separate prior consent of HMS. You may contact HMS at email@example.com.
Restrictions On Use of Material
The Websites are and shall remain the property of HMS. The Websites are protected by U.S. and international intellectual property law, including copyright, trademark, and trade secrets laws. These proprietary rights are owned by, controlled or licensed by or to HMS or its licensors, and these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. No portion of the Websites may be reproduced in any form, electronic or otherwise, for any purpose other than internal use within your organization, without the prior written permission of HMS. Any trademarks, logos, service marks, and product marks displayed on the Websites are the registered and unregistered marks of HMS or its licensors unless otherwise indicated, and are protected by U.S. and international trademark laws.
LINKS TO THIRD PARTY SITES
The Websites may contain links to other applications or Websites (“Linked Sites”) operated by other parties. HMS is not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. These links are provided to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
Disclaimer of Warranties
You acknowledge and agree that the websites and their content are provided on an “as is” and “as available” basis. Your use of the websites 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 and their content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, and accuracy, freedom from viruses or malware. HMS makes no warranties or representations that your use of the websites or their content will not infringe the rights of third parties. You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the websites is used at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.
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 the use of the websites or the HMS registry, whether in tort (including negligence), contract, strict liability or otherwise, 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. In addition, HMS is not liable for any loss or damage caused by your reliance on information obtained through the websites. HMS does not guarantee that the websites or content 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 these terms, HMS is found to be liable to you for any damages or losses arising out of your use of, access to or inability to use the websites or any content provided by us or any third party, our liability shall in no event exceed U.S. One hundred dollars ($100.00 USD). You acknowledge and agree that the foregoing shall constitute your sole and exclusive remedy for any claims against HMS hereunder, including any claim that the remedies herein contained fail of their essential purpose. 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.
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) any breach by you of these Terms, or (ii) your use of any data, information material or features available on HMS websites.
Hazardous Materials Society has registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please provide the following information in writing and signed electronically to our Copyright Agent at firstname.lastname@example.org. Hazardous Materials Society, 1300 19th St, NW, Suite 300, Washington, DC 20036, (202) 304-1507 (see 17 U.S.C. Section 512(c)(3) for further detail): 1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright. 2. a description of the copyrighted work that you claim has been infringed. 3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material. 4. information so that we can contact you, such as your name, address, telephone number and e-mail address. 5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe that any Content you posted, uploaded or submitted to the Sites and that were subsequently removed from the Sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail): 1. your physical or electronic signature. 2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement. Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
These Terms 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 these Terms 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.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms 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 shall remain in full force and effect. There are no third party beneficiaries to these Terms.
If you have any questions or concerns, please email us at email@example.com.
Last Updated 9/26/2019