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Terms of Use Update
HSI END USER AGREEMENT Access to the HSI's proprietary training and solutions platform and all training materials, programs, videos, data and other content contained therein (collectively, the "HSI Platform") is provided to you ("User" or "you"), under the terms set forth in this agreement. Binding Agreement. Upon clicking on the "AGREE" button, you are entering into a legally binding agreement with American Safety and Health Institute, Inc. dba Health and Safety Institute ("HSI" or "we" or "us") as described below regarding usage of the HSI Platform. Read the terms of this agreement carefully BEFORE clicking "AGREE". If you do not agree to the terms of this agreement, do not click "AGREE". End User Types. There are two types of HSI Platform users (collectively, "Users"): "Student Users" are users who access the HSI Platform for the purpose of viewing and participating in educational training courses and related activities. Student Users are granted access through a unique account identifier (e.g. a user account name and password or an encrypted link emailed to you).tudent Users are granted access through a unique account identifier (e.g. a user account name and password or an encrypted link emailed to you). "Administrative Users" are users with a unique account identifier who are employees, agents, independent contractors or volunteers of a Corporate Account. A "Corporate Account" is: (a) a business, agency or other organization having a contract (either written or with digital affirmative assent) with HSI; (b) an approved HSI training center required to maintain compliance with the HSI Training Center Administrative Compliance Manual ("HSI TCAM"); or (c) any other business, agency or other organization having a business relationship with HSI that includes an HSI Platform business account. Account IDs; Account Security; Account Suspension. Your account identifier may be provided to you directly by HSI, or it may be provided to you by the HSI partner or HSI training center from which you purchased a training course, if a Student User, or by which you have been asked to act as an Administrative User. All User accounts are non-transferable. For Student User accounts, completion certifications will only be issued in one name per user account. For Administrative User accounts, no certifications will be issued as such accounts are to be used for administrative purposes only. You are entirely responsible for maintaining the confidentiality of your User account information, including your password and account identifier. Furthermore, you are entirely responsible for any and all activities that occur under your User account. If you become aware of any unauthorized use of your User account or any other breach of security, you agree to notify HSI immediately. HSI will not be liable for any loss that you may incur as a result of someone else using your password or User account, either with or without your knowledge. If HSI or a third party incurs losses due to someone else using your User account or password, you could be held liable for those losses. HSI reserves the right to suspend your User account and your access to the HSI Platform immediately at any time and for any reason, including if HSI reasonably believes you are in violation of or are likely to violate the terms of this agreement or if the security of your password and account identifier has been compromised. Student Usage Rights and Restrictions. Access to the HSI Platform is provided to you for your personal educational use. You may not use the HSI Platform or any content contained therein for any commercial purpose or for any purpose that violates any applicable laws or regulations, or that is otherwise prohibited by this agreement. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained through use of the HSI Platform. While using the HSI Platform, you shall not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the HSI Platform. For example, you may not take any action that imposes, or may impose an unreasonable or disproportionately large load on HSI's infrastructure supporting the HSI Platform. You shall not: (a) sell, resell, lease or the functional equivalent, the HSI Platform, or any form of access thereto, to any third party; (b) attempt to reverse engineer either the HSI Platform or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to the HSI Platform; or (d) remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded in the HSI Platform or any content contained therein. No Student User Refunds. Once a Student User is registered and enrolled, the access fee paid is not refundable or transferable. Once enrolled, it is the sole responsibility of the Student User to complete all courses in which he/she is enrolled prior to expiration of his/her authorized access. Student User Content Uploading Prohibited. In connection with participation in a training course or maintenance of your Student User account information, you are permitted to input to the HSI Platform, personal information and other data relevant to the course you are taking and/or the maintenance of your Student User account, as applicable. Except as described in the preceding sentence, Student Users may not upload any files, images, data, video or other materials to the HSI Platform. Administrative Usage Rights and Restrictions. Administrative Users may only use the HSI Platform to perform administrative functions and all use shall be in accordance with the terms of this agreement. Unless otherwise indicated in the terms of the written agreement between the Corporate Account with whom your Administrative User account is identified ("User's Corporate Account") and HSI ("Master Agreement"), your access to the HSI Platform is limited to the following specific administrative functions: (a) enter, review, modify and update training data and User account related data associated with User's Corporate Account; (b) monitor usage of the HSI Platform by lower level Administrative Users and Student Users for compliance with this agreement and, if applicable, the Master Agreement; and (c) upload Materials (as defined below). Administrative User accounts may not be used to view training related content for educational purposes, including without limitation, continuing education. If an Administrative User desires to take a class for credit and/or certification, such Administrative User will need to open a separate Student User account. Except for Materials uploaded to User's Corporate Account, you shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained through use of the HSI Platform. You will not use any robots, spiders, scraper data mining or other data gathering or extraction tools or automated means to access or extract information from the HSI Platform for any purpose without prior express written permission from HSI. Additionally, while using the HSI Platform, you shall not perform any action which could interfere with or otherwise adversely affect the proper functioning of the HSI Platform. For example, you may not take any action that imposes, or may impose an unreasonable or disproportionately large load on HSI's infrastructure supporting the HSI Platform. You shall not: (a) sell, resell, lease or the functional equivalent, the HSI Platform, or any form of access thereto, to any third party; (b) attempt to reverse engineer either the HSI Platform or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to the HSI Platform; or (d) remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded in the HSI Platform. Uploading Material to the HSI Platform (Administrative Users Only). HSI may provide Administrative Users with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics or other materials ("Material") through the HSI Platform. While HSI is under no obligation to monitor, refuse, move, or remove any Material that is posted, HSI reserves the right to do so in its sole discretion. With respect to any such Material, you represent and warrant to HSI that: (a) you own or otherwise have all rights to such Material as may be necessary or required for use of such Material in accordance with the terms of this agreement; (b) all information contained within such Material you provide is true, accurate, current and complete, and does not violate this agreement; and (c) the Material will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from such Materials. Except as such rights may be limited by the Master Agreement, you hereby grant HSI, its affiliates, licensees and agents a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully paid, sublicensable and transferrable right and license under all intellectual property, privacy, publicity and other intellectual and industrial property rights in and to the Material which you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit the Materials, in whole or in part, in any format or manner and for any purpose, whether now known or hereafter devised or invented without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that you will not post, submit or otherwise distribute any Material that: a. includes offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind. b. infringes any right of HSI or a third party including: (a) copyright, trademark, patent, trade secret or other proprietary rights or contractual rights; (b) right of publicity or privacy (specifically, you must not distribute any other person's personal information of any kind without their express permission); or (c) any confidentiality obligation. c. promotes any activity that may be found illegal at the local, state or federal level or any Material that is itself illegal in any way. d. includes unauthorized commercial content. e. is untrue, inaccurate, or misleading. f. encrypted content or content that can be demonstrated to contain encoded messages. g. impersonates or misrepresents your connection to another entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content. h. contains link(s) to other sites that contain content that falls within the proscriptions set forth above. Customer and Technical Support; System Availability. The details of how and when customer and technical support are offered for the HSI Platform vary. You may access the specific terms and conditions regarding customer and technical support for your account in the "Help" section on the specific HSI Platform web pages accessible to you through your account. Such information can be provided to you by a customer support person if you call or email HSI's customer support department. Access to the HSI Platform is provided to you through the internet. Service interruptions may occur from time to time and are outside the control of HSI. HSI shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the HSI Platform for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone or cable interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes. Content and System Changes. HSI reserves the right to discontinue, suspend or deny access to the HSI Platform at any time for any reason. HSI also reserves the right at any time for any reason to make any additions, deletions and changes to the HSI Platform, its service offerings or any training program, content function or feature thereof. Training program related content and other content included in the HSI Platform is subject to ongoing review and revision by HSI which may result in gaps in the availability of certain programs and/or content. In some cases, review may result in the discontinuation of a specific program or content. Delays or gaps in program and/or content availability may also arise in connection with the course accreditation and approval process. Data Storage. Corporate Accounts and User accounts may be subject to maximum storage space limitations and maximum bandwidth limitations. You bear all risk of loss for data stored in your User account or otherwise accessed by you through the HSI Platform and you agree that HSI has no responsibility or liability for the deletion of or failure to store any such data. HSI's Right to Use User Account Data. You hereby grant to HSI the non-exclusive, limited, non-transferrable right and license to: (a) use the information stored in your User account in connection with providing you access to the HSI Platform and performing related services; (b) share such information with any Corporate Account with which your User account is associated; (c) provide information to the applicable regulatory authorities for any courses you take where HSI is responsible for submitting evidence of completion; and (d) use such information in any manner consistent with HSI's privacy policy (a copy of the privacy policy is available at www.hsi.com). HSI's right to use any Materials you provide is addressed separately above. Ownership Rights. All training programs, content, trademarks, service marks, designs, music clips, videos, documentation and other information available to you through the HSI Platform is the property of HSI and its licensors and is protected by copyright, trademark and other intellectual property laws. HSI does not claim ownership of any Materials you post to the HSI Platform. You shall not acquire any rights, title or interest to the HSI Platform, content contained therein or any other intellectual property rights by virtue of your use of the HSI Platform. Disclaimers. THE HSI PLATFORM AND ALL CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND "WITH ALL FAULTS, DEFECTS AND ERRORS". HSI AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY, GUARANTEE OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR FREE OPERATION OF THE HSI PLATFORM OR THAT THE HSI PLATFORM OR ANY CONTENT CONTAINED THEREIN, WHETHER VIEWED ONLINE OR DOWNLOADED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, WILL BE FREE FROM DATA LOSS, VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES HSI OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND AS TO WHETHER THE TRAINING PROGRAMS OFFERED THROUGH THE HSI PLATFORM WILL MEET THE SPECIFIC LICENSING OR CERTIFICATION REQUIREMENTS FOR ANY INDIVIDUAL GOVERNMENTAL AGENCY. HSI OBTAINS AND GATHERS ITS INFORMATION FROM SOURCES IT CONSIDERS TO BE RELIABLE; HOWEVER, HSI AND ITS SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY WITH RESPECT TO THE SEQUENCE, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE IN OR THROUGH THE HSI PLATFORM, THE RESULTS OBTAINED THROUGH USE, MISUSE OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN SUCH CONTENT OR THROUGH USE OR MISUSE OF THE HSI PLATFORM. YOU AGREE THAT YOUR USE OF THE HSI PLATFORM IS AT YOUR SOLE RISK AND THAT ANY EFFORTS BY HSI TO MODIFY THE HSI PLATFORM WILL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. Limitation of Liability. IN NO EVENT SHALL HSI OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR THE LOSS OF ANTICIPATED PROFITS INCURRED OR SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HSI'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF $50.00 OR THE TOTAL FEES YOU HAVE PAID TO HSI FOR YOUR USE OF THE HSI PLATFORM, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Indemnity. To the extent not prohibited by law, ordinance, rule or regulation, you hereby agree to indemnify, defend and hold harmless, HSI, its employees, officers, directors, agents, suppliers and licensors from and against any and all damages, losses, liabilities and costs, including without limitation, reasonable attorneys' fees, arising from your use of the HSI Platform, your user account, your breach of the terms of this agreement. Governing Law; Arbitration; Waiver of Jury Trial. This Agreement shall be governed by the laws of the State of Oregon excluding its conflict of law provisions. In the event of any controversy between you and HSI relating to this Agreement or your use of the HSI Platform, the parties will provide formal notice to the other of the dispute. The parties will attempt to resolve all disputes informally. Any disputes that are not resolved will be submitted to binding arbitration pursuant to the Oregon Uniform Arbitration Act. Arbitration procedure shall be pursuant to the Oregon Rules of Civil Procedure, the parties are free to engage in all discovery permissible under the Oregon Rules of Civil Procedure and any discovery requests or subpoenas may be enforced pursuant to ORS 36.675 by petition to the Circuit Court. The parties will agree upon a single arbitrator and, if the parties cannot agree, they will select a neutral third party, who will make a selection from a list comprised of six potential arbitrators, three proposed by each party. The parties expressly waive any right to trial by jury or class treatment of any claim, demand, action or cause of action arising out of or relating to this agreement or the breach thereof. On the application of either party, the award in the arbitration may be enforced by the order of a court of competent jurisdiction. All arbitration proceedings shall be held within Lane County in the State of Oregon. U.S. Government Restricted Rights. If you are accessing the HSI Platform as an employee of or independent contractor for an agency or instrumentality of the United States, the HSI Platform and all related documentation are "Commercial Items," as that term is defined at 48 CFR §2.101, consisting of "commercial computer software" and "commercial computer software documentation," as those terms are used in 48 CFR §12.212 or 48 CFR §227.7202, as applicable. Consistent with 48 CFR §12.212 or 48 CFR §§227.7202-1–227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are licensed to United States government end users (a) only as commercial items and (b) with only the same rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement. Unpublished rights are reserved under the copyright laws of the United States. Term; Termination. Unless terminated as described below, this Agreement shall remain in effect for as long as you have an active User account. This Agreement may be terminated by HSI for any reason and at any time upon notice to you. This Agreement may be terminated by you for any reason and at any time upon notice to HSI. Any such termination shall not be effective until confirmation by HSI of acceptance of your notice of termination. The effective date of such termination shall be the later of the date provided for account shutoff in HSI's confirmation notice or the date which is 30 days from date HSI received your termination notice, whichever is later. Nothing in this Section shall be deemed to limit or restrict HSI's rights as described in Sections 3.4. and 10. Upon termination access to the HSI Platform will be turned off by HSI. Upon termination, each party shall remain liable for any obligations under this Agreement that accrued prior to the effective date of termination. Upon termination, the following provisions shall remain in full force and effect: Sections 3.3., 8.2., 8.3., 9.2. and 11. through 20. Miscellaneous. If any provision of this agreement is found to be invalid, void or otherwise unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties hereto specifically agree to contract with each other via electronic transmissions and that email communications shall be the primary format for all communications regarding this agreement. Any notice to be provided to HSI pursuant hereto shall be delivered to support@hsi.com. Any notice to be provided to you shall be by email to the email address HSI then currently has on file for you, postings within your User account or other reasonable means. Any such notice shall be considered received when actually sent to recipient's correct email address or User account, if applicable, by the sender. This agreement sets forth the entire agreement and understanding between you and HSI regarding your use of the HSI Platform. In the event of a conflict between the terms of this agreement and the Master Agreement, the terms of such Master Agreement shall be controlling. There shall be no amendments or modifications to this agreement, except by a written document provided to you by HSI which is affirmatively consented to by you (a document only viewable by you online whether as part of the HSI Platform, as part of your individual training program enrollment or re-enrollment process or whether otherwise sent electronically to your User account is an acceptable form of writing). You agree that no joint venture, partnership, employment, or agency relationship exists between you and HSI as a result of this agreement or your use of the HSI Platform. Any delay by HSI in enforcing its rights under this agreement or any waiver as to a particular default or other matter shall not constitute a waiver of HSI's rights to the future enforcement of its rights under this agreement You shall not assign this agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of HSI, and any such attempted assignment shall be void. HSI shall have the right to freely assign this agreement, and its rights and obligations hereunder without requiring your consent or provision of prior notice to you. Subject to the foregoing, this agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. Last Revised: September 13th, 2018.
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Privacy Policy Update
We have updated our privacy policy as of December 6, 2019. Introduction The privacy of your personal information is important to Health and Safety Institute (HSI), also referred to in this notice as "we," "us" or "our"), and we are committed to protecting the privacy of such personal information. In order to provide you information about the services we can provide you, however, it is necessary for us to possess certain personal information of yours, the privacy of which may be protected by the laws or regulations of various governments throughout the world. Without some of this information, we cannot provide you with the services you may request. If you are currently receiving information from us, you may opt-out of receiving further communications at any time. This privacy statement explains our personal information policies and practices, including, but not limited to, the types of personal information we may collect about you, the purposes for collecting such information, the circumstances under which we may disclose such information to third parties, the measures we take to secure the confidentiality of such information, and the information you will need to contact us or others to address your privacy concerns including the exercise of your rights. What information is considered Personally Identifiable Information (PII)? The privacy laws and regulations from various countries throughout the world define this term in different ways and even use different terms in describing personal information which should be protected and kept as private as possible. Some laws and regulations consider only very limited types of information to be protected and private. Others include much broader categories. We have chosen to adopt the broader approach to what information must be protected and kept as private as possible. In this notice, “Personally Identifiable Information” (PII) refers to data that could be used, alone or in combination with other data, to identify you as an individual. It can include, among others, name, physical address, email address, IP address, date of birth, social security number, passwords, credit card or other financial or payment information. How we collect, use or process your PII Collection and uses of personal information: By visiting, contacting, or registering with us we may collect the following personal information: Contact data, such as your address, area (including postal or ZIP code), email address and telephone details. Payment and billing details, if you choose to engage in service with us. Technical data, such as your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the site. Usage data, which includes information about how you use the site, and any communications we may receive from you. Marketing and communications data, including your preferences in receiving marketing and other communications from us. The purpose of processing your personal information may include: marketing and communications, delivery of service, and/or billing and payment. Our site is not intended for storing or transmitting 'special categories' of personal data, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or health information. We do not knowingly collect information relating to actual or alleged criminal offences. Visiting our website: You may choose to share your PII with us to obtain information about our products or services. We might also record and maintain certain PII from you by recording network traffic, tracking cookies, or through the completion of online web forms. Use of cookies: Some of the PII we collect is through the use of third-party automated collection tools on our website(s), such as cookies that capture information sent from your web browser to our website. Information that is collected includes your IP address, the website address that you were at before landing at our website, and information such as the pages you clicked through while at our website. This information is collected to improve your experience and offer services to you. By visiting our website(s), you agree to our use of cookies. You can refuse the use of cookies by selecting the appropriate browser setting. If you refuse the use of cookies, please note that your experience using the site may not be optimal. From third parties: From time to time we may receive your business contact information from third parties. This may happen if one of our existing suppliers or customers refers your company to us. Sharing your PII with third parties: We do not and sell your PII to any third parties. We may share your PII we possess with our affiliates, business partners and third parties for the purposes of operating our business and delivering and improving the services we provide to you as well as for other legitimate purposes permitted by applicable law including sending marketing and other communications related to our business. We also share personal information for a variety of purposes including, but not limited to, the following ways: Within HSI and our affiliates and subsidiaries for data processing or storage purpose With business partners and suppliers to provide services and help facilitate transactions including processing orders, marketing communications and customer support.) In response to a request from law enforcement, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements. For any purposes other than which the PII was collected (and other than for the exceptions listed here) only after we have provided you notice and received your consent to share the information for that purpose. Collecting personal information from minors: We do not offer services and products to minors and do not intend to collect personal information from children under the age 16. We follow all local legal requirements with respect to the collection and processing of a minor’s personal information without the appropriate authorization from a parent or guardian. Lawful basis of collection and use of your PII Our collection and use of your PII is lawful. We will only use your information where: We have a legitimate interest (reasonable purpose) for doing so: We will use your information for our legitimate business reasons where our doing so will not unduly affect your rights. We will use your identity, contact and usage information to keep our records up to date, and to customize our site's content to you. If you are a current or former user of our services, we may also use your contact and identity details to keep you up to date with our latest news. We will use your technical information to: provide and make improvements to the site, system maintenance, support, reporting and hosting of data, and troubleshooting; ensure that the site is secure; analyze how users interact with the site; and address any issues you may experience with the site. We may also use any or all of the information above to administer and manage HSI in general. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should therefore stop processing your data, please let us know. We need to comply with a legal or regulatory obligation HSI may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: conform to the edicts of the law or comply with legal process served on HSI; protect and defend the rights or property of HSI; or act under exigent circumstances to protect the personal safety of users of HSI services or members of the public. We need it to perform a contract or provide a service that you or your organization has asked for: For example, we may need your contact information to respond to a question you have asked us via our site, and your billing and payment information to process any payments you have requested. Security of PII We are committed to protecting your PII from unauthorized access and use. We implement and maintain appropriate technical, physical and administrative safeguards to help accomplish this goal. Access to your PII is restricted to only those employees who need to know that information to provide our services to you. Our employees receive training to maintain the confidentiality, privacy and security of your PII. Data storage and retention Your PII will be retained only for as long as the information is needed to fulfill the purposes for which it was collected and processed. We reserve the right to retain and use your PII for as long as necessary to comply with our legal obligations and business requirements and/or to resolve ongoing disputes and enforce our agreements. Data Subject Rights The General Data Protection Regulations (GDPR) of the European Union (EU), along with other national privacy laws, provide certain rights regarding the PII of an individual (described in GDPR as a “data subject”). This privacy statement is intended to inform you of your rights with respect to your PII under the GDPR (which may also exist with other national privacy laws) and to provide you with the information necessary to exercise those rights. Individuals who reside in the EU and whose personal data is collected and processed by us have the right to the following: To request access to your PII To rectify your PII To take your PII to another service provider (often described as “portability”) To erase your PII To restrict or object to the processing of your PII To lodge a complaint with a Member State Supervisory Authority In addition, you have the right to withdraw consent if consent was provided to collect and process you PII. If you withdraw consent, that will not impact your PII that was processed prior to withdrawal of the consent. International transfers of PII We may transfer your PII in our possession to other third parties, such as our third-party service providers, in a country other than the one in which it was originally collected. When transferring your PII from one country to another country, we have implemented procedures to ensure that appropriate safeguards are in place to protect it regardless of where it is being transferred. Changes to this privacy statement From time to time we may update this privacy statement. If revisions are made to the privacy statement, we will update the statement with a new revision date. This privacy statement was revised and posted on 12/6/2019. Questions, concerns or complaints If you have any questions, concerns or complaints regarding the information in this privacy statement and/or our privacy practices, please contact Frank Powers, Chief Technology Officer Health and Safety Institute, Inc 1450 Westec Dr, Eugene OR 97402 dataprivacy@hsi.com (800) 447-3177
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Privacy Policy and Terms of Use Update
Privacy Policy
We have updated our privacy policy as of December 6, 2019. Introduction The privacy of your personal information is important to Health and Safety Institute (HSI), also referred to in this notice as "we," "us" or "our"), and we are committed to protecting the privacy of such personal information. In order to provide you information about the services we can provide you, however, it is necessary for us to possess certain personal information of yours, the privacy of which may be protected by the laws or regulations of various governments throughout the world. Without some of this information, we cannot provide you with the services you may request. If you are currently receiving information from us, you may opt-out of receiving further communications at any time. This privacy statement explains our personal information policies and practices, including, but not limited to, the types of personal information we may collect about you, the purposes for collecting such information, the circumstances under which we may disclose such information to third parties, the measures we take to secure the confidentiality of such information, and the information you will need to contact us or others to address your privacy concerns including the exercise of your rights. What information is considered Personally Identifiable Information (PII)? The privacy laws and regulations from various countries throughout the world define this term in different ways and even use different terms in describing personal information which should be protected and kept as private as possible. Some laws and regulations consider only very limited types of information to be protected and private. Others include much broader categories. We have chosen to adopt the broader approach to what information must be protected and kept as private as possible. In this notice, “Personally Identifiable Information” (PII) refers to data that could be used, alone or in combination with other data, to identify you as an individual. It can include, among others, name, physical address, email address, IP address, date of birth, social security number, passwords, credit card or other financial or payment information. How we collect, use or process your PII Collection and uses of personal information: By visiting, contacting, or registering with us we may collect the following personal information: Contact data, such as your address, area (including postal or ZIP code), email address and telephone details. Payment and billing details, if you choose to engage in service with us. Technical data, such as your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the site. Usage data, which includes information about how you use the site, and any communications we may receive from you. Marketing and communications data, including your preferences in receiving marketing and other communications from us. The purpose of processing your personal information may include: marketing and communications, delivery of service, and/or billing and payment. Our site is not intended for storing or transmitting 'special categories' of personal data, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or health information. We do not knowingly collect information relating to actual or alleged criminal offences. Visiting our website: You may choose to share your PII with us to obtain information about our products or services. We might also record and maintain certain PII from you by recording network traffic, tracking cookies, or through the completion of online web forms. Use of cookies: Some of the PII we collect is through the use of third-party automated collection tools on our website(s), such as cookies that capture information sent from your web browser to our website. Information that is collected includes your IP address, the website address that you were at before landing at our website, and information such as the pages you clicked through while at our website. This information is collected to improve your experience and offer services to you. By visiting our website(s), you agree to our use of cookies. You can refuse the use of cookies by selecting the appropriate browser setting. If you refuse the use of cookies, please note that your experience using the site may not be optimal. From third parties: From time to time we may receive your business contact information from third parties. This may happen if one of our existing suppliers or customers refers your company to us. Sharing your PII with third parties: We do not and sell your PII to any third parties. We may share your PII we possess with our affiliates, business partners and third parties for the purposes of operating our business and delivering and improving the services we provide to you as well as for other legitimate purposes permitted by applicable law including sending marketing and other communications related to our business. We also share personal information for a variety of purposes including, but not limited to, the following ways: Within HSI and our affiliates and subsidiaries for data processing or storage purpose With business partners and suppliers to provide services and help facilitate transactions including processing orders, marketing communications and customer support.) In response to a request from law enforcement, government authorities, or other third parties as necessary to comply with legal process or meet national security requirements. For any purposes other than which the PII was collected (and other than for the exceptions listed here) only after we have provided you notice and received your consent to share the information for that purpose. Collecting personal information from minors: We do not offer services and products to minors and do not intend to collect personal information from children under the age 16. We follow all local legal requirements with respect to the collection and processing of a minor’s personal information without the appropriate authorization from a parent or guardian. Lawful basis of collection and use of your PII Our collection and use of your PII is lawful. We will only use your information where: We have a legitimate interest (reasonable purpose) for doing so: We will use your information for our legitimate business reasons where our doing so will not unduly affect your rights. We will use your identity, contact and usage information to keep our records up to date, and to customize our site's content to you. If you are a current or former user of our services, we may also use your contact and identity details to keep you up to date with our latest news. We will use your technical information to: provide and make improvements to the site, system maintenance, support, reporting and hosting of data, and troubleshooting; ensure that the site is secure; analyze how users interact with the site; and address any issues you may experience with the site. We may also use any or all of the information above to administer and manage HSI in general. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should therefore stop processing your data, please let us know. We need to comply with a legal or regulatory obligation HSI may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: conform to the edicts of the law or comply with legal process served on HSI; protect and defend the rights or property of HSI; or act under exigent circumstances to protect the personal safety of users of HSI services or members of the public. We need it to perform a contract or provide a service that you or your organization has asked for: For example, we may need your contact information to respond to a question you have asked us via our site, and your billing and payment information to process any payments you have requested. Security of PII We are committed to protecting your PII from unauthorized access and use. We implement and maintain appropriate technical, physical and administrative safeguards to help accomplish this goal. Access to your PII is restricted to only those employees who need to know that information to provide our services to you. Our employees receive training to maintain the confidentiality, privacy and security of your PII. Data storage and retention Your PII will be retained only for as long as the information is needed to fulfill the purposes for which it was collected and processed. We reserve the right to retain and use your PII for as long as necessary to comply with our legal obligations and business requirements and/or to resolve ongoing disputes and enforce our agreements. Data Subject Rights The General Data Protection Regulations (GDPR) of the European Union (EU), along with other national privacy laws, provide certain rights regarding the PII of an individual (described in GDPR as a “data subject”). This privacy statement is intended to inform you of your rights with respect to your PII under the GDPR (which may also exist with other national privacy laws) and to provide you with the information necessary to exercise those rights. Individuals who reside in the EU and whose personal data is collected and processed by us have the right to the following: To request access to your PII To rectify your PII To take your PII to another service provider (often described as “portability”) To erase your PII To restrict or object to the processing of your PII To lodge a complaint with a Member State Supervisory Authority In addition, you have the right to withdraw consent if consent was provided to collect and process you PII. If you withdraw consent, that will not impact your PII that was processed prior to withdrawal of the consent. International transfers of PII We may transfer your PII in our possession to other third parties, such as our third-party service providers, in a country other than the one in which it was originally collected. When transferring your PII from one country to another country, we have implemented procedures to ensure that appropriate safeguards are in place to protect it regardless of where it is being transferred. Changes to this privacy statement From time to time we may update this privacy statement. If revisions are made to the privacy statement, we will update the statement with a new revision date. This privacy statement was revised and posted on 12/6/2019. Questions, concerns or complaints If you have any questions, concerns or complaints regarding the information in this privacy statement and/or our privacy practices, please contact Frank Powers, Chief Technology Officer Health and Safety Institute, Inc 1450 Westec Dr, Eugene OR 97402 dataprivacy@hsi.com (800) 447-3177
Terms of Use
HSI END USER AGREEMENT Access to the HSI's proprietary training and solutions platform and all training materials, programs, videos, data and other content contained therein (collectively, the "HSI Platform") is provided to you ("User" or "you"), under the terms set forth in this agreement. Binding Agreement. Upon clicking on the "AGREE" button, you are entering into a legally binding agreement with American Safety and Health Institute, Inc. dba Health and Safety Institute ("HSI" or "we" or "us") as described below regarding usage of the HSI Platform. Read the terms of this agreement carefully BEFORE clicking "AGREE". If you do not agree to the terms of this agreement, do not click "AGREE". End User Types. There are two types of HSI Platform users (collectively, "Users"): "Student Users" are users who access the HSI Platform for the purpose of viewing and participating in educational training courses and related activities. Student Users are granted access through a unique account identifier (e.g. a user account name and password or an encrypted link emailed to you).tudent Users are granted access through a unique account identifier (e.g. a user account name and password or an encrypted link emailed to you). "Administrative Users" are users with a unique account identifier who are employees, agents, independent contractors or volunteers of a Corporate Account. A "Corporate Account" is: (a) a business, agency or other organization having a contract (either written or with digital affirmative assent) with HSI; (b) an approved HSI training center required to maintain compliance with the HSI Training Center Administrative Compliance Manual ("HSI TCAM"); or (c) any other business, agency or other organization having a business relationship with HSI that includes an HSI Platform business account. Account IDs; Account Security; Account Suspension. Your account identifier may be provided to you directly by HSI, or it may be provided to you by the HSI partner or HSI training center from which you purchased a training course, if a Student User, or by which you have been asked to act as an Administrative User. All User accounts are non-transferable. For Student User accounts, completion certifications will only be issued in one name per user account. For Administrative User accounts, no certifications will be issued as such accounts are to be used for administrative purposes only. You are entirely responsible for maintaining the confidentiality of your User account information, including your password and account identifier. Furthermore, you are entirely responsible for any and all activities that occur under your User account. If you become aware of any unauthorized use of your User account or any other breach of security, you agree to notify HSI immediately. HSI will not be liable for any loss that you may incur as a result of someone else using your password or User account, either with or without your knowledge. If HSI or a third party incurs losses due to someone else using your User account or password, you could be held liable for those losses. HSI reserves the right to suspend your User account and your access to the HSI Platform immediately at any time and for any reason, including if HSI reasonably believes you are in violation of or are likely to violate the terms of this agreement or if the security of your password and account identifier has been compromised. Student Usage Rights and Restrictions. Access to the HSI Platform is provided to you for your personal educational use. You may not use the HSI Platform or any content contained therein for any commercial purpose or for any purpose that violates any applicable laws or regulations, or that is otherwise prohibited by this agreement. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained through use of the HSI Platform. While using the HSI Platform, you shall not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the HSI Platform. For example, you may not take any action that imposes, or may impose an unreasonable or disproportionately large load on HSI's infrastructure supporting the HSI Platform. You shall not: (a) sell, resell, lease or the functional equivalent, the HSI Platform, or any form of access thereto, to any third party; (b) attempt to reverse engineer either the HSI Platform or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to the HSI Platform; or (d) remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded in the HSI Platform or any content contained therein. No Student User Refunds. Once a Student User is registered and enrolled, the access fee paid is not refundable or transferable. Once enrolled, it is the sole responsibility of the Student User to complete all courses in which he/she is enrolled prior to expiration of his/her authorized access. Student User Content Uploading Prohibited. In connection with participation in a training course or maintenance of your Student User account information, you are permitted to input to the HSI Platform, personal information and other data relevant to the course you are taking and/or the maintenance of your Student User account, as applicable. Except as described in the preceding sentence, Student Users may not upload any files, images, data, video or other materials to the HSI Platform. Administrative Usage Rights and Restrictions. Administrative Users may only use the HSI Platform to perform administrative functions and all use shall be in accordance with the terms of this agreement. Unless otherwise indicated in the terms of the written agreement between the Corporate Account with whom your Administrative User account is identified ("User's Corporate Account") and HSI ("Master Agreement"), your access to the HSI Platform is limited to the following specific administrative functions: (a) enter, review, modify and update training data and User account related data associated with User's Corporate Account; (b) monitor usage of the HSI Platform by lower level Administrative Users and Student Users for compliance with this agreement and, if applicable, the Master Agreement; and (c) upload Materials (as defined below). Administrative User accounts may not be used to view training related content for educational purposes, including without limitation, continuing education. If an Administrative User desires to take a class for credit and/or certification, such Administrative User will need to open a separate Student User account. Except for Materials uploaded to User's Corporate Account, you shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained through use of the HSI Platform. You will not use any robots, spiders, scraper data mining or other data gathering or extraction tools or automated means to access or extract information from the HSI Platform for any purpose without prior express written permission from HSI. Additionally, while using the HSI Platform, you shall not perform any action which could interfere with or otherwise adversely affect the proper functioning of the HSI Platform. For example, you may not take any action that imposes, or may impose an unreasonable or disproportionately large load on HSI's infrastructure supporting the HSI Platform. You shall not: (a) sell, resell, lease or the functional equivalent, the HSI Platform, or any form of access thereto, to any third party; (b) attempt to reverse engineer either the HSI Platform or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to the HSI Platform; or (d) remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded in the HSI Platform. Uploading Material to the HSI Platform (Administrative Users Only). HSI may provide Administrative Users with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics or other materials ("Material") through the HSI Platform. While HSI is under no obligation to monitor, refuse, move, or remove any Material that is posted, HSI reserves the right to do so in its sole discretion. With respect to any such Material, you represent and warrant to HSI that: (a) you own or otherwise have all rights to such Material as may be necessary or required for use of such Material in accordance with the terms of this agreement; (b) all information contained within such Material you provide is true, accurate, current and complete, and does not violate this agreement; and (c) the Material will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from such Materials. Except as such rights may be limited by the Master Agreement, you hereby grant HSI, its affiliates, licensees and agents a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully paid, sublicensable and transferrable right and license under all intellectual property, privacy, publicity and other intellectual and industrial property rights in and to the Material which you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit the Materials, in whole or in part, in any format or manner and for any purpose, whether now known or hereafter devised or invented without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that you will not post, submit or otherwise distribute any Material that: a. includes offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind. b. infringes any right of HSI or a third party including: (a) copyright, trademark, patent, trade secret or other proprietary rights or contractual rights; (b) right of publicity or privacy (specifically, you must not distribute any other person's personal information of any kind without their express permission); or (c) any confidentiality obligation. c. promotes any activity that may be found illegal at the local, state or federal level or any Material that is itself illegal in any way. d. includes unauthorized commercial content. e. is untrue, inaccurate, or misleading. f. encrypted content or content that can be demonstrated to contain encoded messages. g. impersonates or misrepresents your connection to another entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content. h. contains link(s) to other sites that contain content that falls within the proscriptions set forth above. Customer and Technical Support; System Availability. The details of how and when customer and technical support are offered for the HSI Platform vary. You may access the specific terms and conditions regarding customer and technical support for your account in the "Help" section on the specific HSI Platform web pages accessible to you through your account. Such information can be provided to you by a customer support person if you call or email HSI's customer support department. Access to the HSI Platform is provided to you through the internet. Service interruptions may occur from time to time and are outside the control of HSI. HSI shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the HSI Platform for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone or cable interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes. Content and System Changes. HSI reserves the right to discontinue, suspend or deny access to the HSI Platform at any time for any reason. HSI also reserves the right at any time for any reason to make any additions, deletions and changes to the HSI Platform, its service offerings or any training program, content function or feature thereof. Training program related content and other content included in the HSI Platform is subject to ongoing review and revision by HSI which may result in gaps in the availability of certain programs and/or content. In some cases, review may result in the discontinuation of a specific program or content. Delays or gaps in program and/or content availability may also arise in connection with the course accreditation and approval process. Data Storage. Corporate Accounts and User accounts may be subject to maximum storage space limitations and maximum bandwidth limitations. You bear all risk of loss for data stored in your User account or otherwise accessed by you through the HSI Platform and you agree that HSI has no responsibility or liability for the deletion of or failure to store any such data. HSI's Right to Use User Account Data. You hereby grant to HSI the non-exclusive, limited, non-transferrable right and license to: (a) use the information stored in your User account in connection with providing you access to the HSI Platform and performing related services; (b) share such information with any Corporate Account with which your User account is associated; (c) provide information to the applicable regulatory authorities for any courses you take where HSI is responsible for submitting evidence of completion; and (d) use such information in any manner consistent with HSI's privacy policy (a copy of the privacy policy is available at www.hsi.com). HSI's right to use any Materials you provide is addressed separately above. Ownership Rights. All training programs, content, trademarks, service marks, designs, music clips, videos, documentation and other information available to you through the HSI Platform is the property of HSI and its licensors and is protected by copyright, trademark and other intellectual property laws. HSI does not claim ownership of any Materials you post to the HSI Platform. You shall not acquire any rights, title or interest to the HSI Platform, content contained therein or any other intellectual property rights by virtue of your use of the HSI Platform. Disclaimers. THE HSI PLATFORM AND ALL CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND "WITH ALL FAULTS, DEFECTS AND ERRORS". HSI AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY, GUARANTEE OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR FREE OPERATION OF THE HSI PLATFORM OR THAT THE HSI PLATFORM OR ANY CONTENT CONTAINED THEREIN, WHETHER VIEWED ONLINE OR DOWNLOADED TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, WILL BE FREE FROM DATA LOSS, VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES HSI OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND AS TO WHETHER THE TRAINING PROGRAMS OFFERED THROUGH THE HSI PLATFORM WILL MEET THE SPECIFIC LICENSING OR CERTIFICATION REQUIREMENTS FOR ANY INDIVIDUAL GOVERNMENTAL AGENCY. HSI OBTAINS AND GATHERS ITS INFORMATION FROM SOURCES IT CONSIDERS TO BE RELIABLE; HOWEVER, HSI AND ITS SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY WITH RESPECT TO THE SEQUENCE, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE IN OR THROUGH THE HSI PLATFORM, THE RESULTS OBTAINED THROUGH USE, MISUSE OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN SUCH CONTENT OR THROUGH USE OR MISUSE OF THE HSI PLATFORM. YOU AGREE THAT YOUR USE OF THE HSI PLATFORM IS AT YOUR SOLE RISK AND THAT ANY EFFORTS BY HSI TO MODIFY THE HSI PLATFORM WILL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. Limitation of Liability. IN NO EVENT SHALL HSI OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR THE LOSS OF ANTICIPATED PROFITS INCURRED OR SUFFERED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HSI'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE GREATER OF $50.00 OR THE TOTAL FEES YOU HAVE PAID TO HSI FOR YOUR USE OF THE HSI PLATFORM, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Indemnity. To the extent not prohibited by law, ordinance, rule or regulation, you hereby agree to indemnify, defend and hold harmless, HSI, its employees, officers, directors, agents, suppliers and licensors from and against any and all damages, losses, liabilities and costs, including without limitation, reasonable attorneys' fees, arising from your use of the HSI Platform, your user account, your breach of the terms of this agreement. Governing Law; Arbitration; Waiver of Jury Trial. This Agreement shall be governed by the laws of the State of Oregon excluding its conflict of law provisions. In the event of any controversy between you and HSI relating to this Agreement or your use of the HSI Platform, the parties will provide formal notice to the other of the dispute. The parties will attempt to resolve all disputes informally. Any disputes that are not resolved will be submitted to binding arbitration pursuant to the Oregon Uniform Arbitration Act. Arbitration procedure shall be pursuant to the Oregon Rules of Civil Procedure, the parties are free to engage in all discovery permissible under the Oregon Rules of Civil Procedure and any discovery requests or subpoenas may be enforced pursuant to ORS 36.675 by petition to the Circuit Court. The parties will agree upon a single arbitrator and, if the parties cannot agree, they will select a neutral third party, who will make a selection from a list comprised of six potential arbitrators, three proposed by each party. The parties expressly waive any right to trial by jury or class treatment of any claim, demand, action or cause of action arising out of or relating to this agreement or the breach thereof. On the application of either party, the award in the arbitration may be enforced by the order of a court of competent jurisdiction. All arbitration proceedings shall be held within Lane County in the State of Oregon. U.S. Government Restricted Rights. If you are accessing the HSI Platform as an employee of or independent contractor for an agency or instrumentality of the United States, the HSI Platform and all related documentation are "Commercial Items," as that term is defined at 48 CFR §2.101, consisting of "commercial computer software" and "commercial computer software documentation," as those terms are used in 48 CFR §12.212 or 48 CFR §227.7202, as applicable. Consistent with 48 CFR §12.212 or 48 CFR §§227.7202-1–227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are licensed to United States government end users (a) only as commercial items and (b) with only the same rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement. Unpublished rights are reserved under the copyright laws of the United States. Term; Termination. Unless terminated as described below, this Agreement shall remain in effect for as long as you have an active User account. This Agreement may be terminated by HSI for any reason and at any time upon notice to you. This Agreement may be terminated by you for any reason and at any time upon notice to HSI. Any such termination shall not be effective until confirmation by HSI of acceptance of your notice of termination. The effective date of such termination shall be the later of the date provided for account shutoff in HSI's confirmation notice or the date which is 30 days from date HSI received your termination notice, whichever is later. Nothing in this Section shall be deemed to limit or restrict HSI's rights as described in Sections 3.4. and 10. Upon termination access to the HSI Platform will be turned off by HSI. Upon termination, each party shall remain liable for any obligations under this Agreement that accrued prior to the effective date of termination. Upon termination, the following provisions shall remain in full force and effect: Sections 3.3., 8.2., 8.3., 9.2. and 11. through 20. Miscellaneous. If any provision of this agreement is found to be invalid, void or otherwise unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties hereto specifically agree to contract with each other via electronic transmissions and that email communications shall be the primary format for all communications regarding this agreement. Any notice to be provided to HSI pursuant hereto shall be delivered to support@hsi.com. Any notice to be provided to you shall be by email to the email address HSI then currently has on file for you, postings within your User account or other reasonable means. Any such notice shall be considered received when actually sent to recipient's correct email address or User account, if applicable, by the sender. This agreement sets forth the entire agreement and understanding between you and HSI regarding your use of the HSI Platform. In the event of a conflict between the terms of this agreement and the Master Agreement, the terms of such Master Agreement shall be controlling. There shall be no amendments or modifications to this agreement, except by a written document provided to you by HSI which is affirmatively consented to by you (a document only viewable by you online whether as part of the HSI Platform, as part of your individual training program enrollment or re-enrollment process or whether otherwise sent electronically to your User account is an acceptable form of writing). You agree that no joint venture, partnership, employment, or agency relationship exists between you and HSI as a result of this agreement or your use of the HSI Platform. Any delay by HSI in enforcing its rights under this agreement or any waiver as to a particular default or other matter shall not constitute a waiver of HSI's rights to the future enforcement of its rights under this agreement You shall not assign this agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of HSI, and any such attempted assignment shall be void. HSI shall have the right to freely assign this agreement, and its rights and obligations hereunder without requiring your consent or provision of prior notice to you. Subject to the foregoing, this agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. Last Revised: September 13th, 2018.
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