USE AT YOUR OWN RISK
We provide the content, information, and other materials available through our Website for informational purposes only. You may
use the content, information, consumer reviews, data and materials from this Website solely for your personal and non-commercial
use. Before you act on any information you have found on our Website, you should independently confirm any facts that are
important to your decision. If you rely on any content, information, or other materials, products, or services available through
our website, you expressly agree that you do so at your own risk. You understand that you are solely responsible for any damage
or loss that you may occur as a result of our content, information, or other materials, products, or services. End User will
assume any and all responsibility for ascertaining whether he, she or which of its personnel are required to undergo training,
testing. Such responsibility will include End User
familiarizing himself, herself or its personnel with the necessary machinery and on-site hazards and conditions. End User agrees
that he, she or it is solely responsible for determining whether he, she or which of its employees are, required to complete the
necessary training and to ensure that he, she or any employee has in fact completed all necessary training. End User agrees
that www.nationalhazwoperfoundation.com nor any of its officers, employees, members, affiliates, or agents shall have any
liability or responsibility for End User’s failure to comply with any regulations including, but not limited to, the
regulations regarding the operation of machinery. By registering to use this site or purchasing products from this site, End User
hereby releases and agrees to indemnify, defend, and hold harmless the Company, and its officers, employees, members, affiliates,
and agents, for, from, and against any and all liability, loss, damage, claim, threatened claim, or expense (including, without
limitation, attorneys’ fees) resulting from, arising out of, or in any way related to End User’s failure to comply
with regulations, or any act, error or omission by End User and/or his, her or its employees or agents in the operating of
machinery at any time following the review or completion of this training. Any and all certificates or licenses will also be the
complete responsibility of End User.
We do not warrant that our site will be uninterrupted or error free. In addition, we do
not make any warranty as to the content on our site. Our site and its content are distributed on an “as is, as
available” basis. Any material that you download or otherwise obtain through our site is done at your own discretion and
risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your
download of any such material. We do not make any warranty that: our site will meet your requirements; our site will be
uninterrupted, timely, secure, or error free; the results that may be obtained from the use of our site will be accurate or
reliable; the quality of any products, services, information, or other material that you purchase or obtain through our site will
meet your expectations; any errors will be corrected. We do not make any warranties of any kind, either express or implied,
including, without limitation, warranties of title or implied warranties of merchant ability or fitness for a particular purpose,
with respect to our site, any content, or any of our services, tools, products, or properties. You expressly agree that you will
assume the entire risk as to the quality and the performance of our site and the accuracy or completeness of its content.
YOUR ACCOUNT
If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password. You also agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security of which you become aware. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Website due to someone else using your account or password. Please see our privacy policy for further information regarding your account or password. In order to purchase products or services from this Website, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion. National Hazwoper Foundation aims to provide the best content and user experience in the industry and periodically makes changes to the content and site structure. Users acknowledge and agree that updates and changes will be made without prior notice to users. NYC Construction Safety Training LLC reserves the right to stop (permanently or temporarily) providing services without prior notice. Users acknowledge and agree that if NYC Construction Safety Training LLC decides to disable the website, there will be no future access to your account.
LINKS
This Website may provide links or references to third party sites that we do not operate. Some of these sites may force you to leave this Website or open an additional browser connecting you to the third-party site. Any such links to third party sites are provided merely as a convenience to the users of this Website. Thus, such links do not imply our endorsement of such other third-party sites or the content contained therein. We disclaim all liability with regard to your access to such linked websites. Your use of and access to any other websites linked to this Website is at your own risk. Furthermore, we have no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on, or access to such third-party sites. For information about third party websites, we encourage you to consult the specific terms of use and privacy policies of such other websites.
IMAGES, LOGOS, TRADEMARKS, AND COPYRIGHT:
The images, logos, copy, and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without the express written consent of www.nationalhazwoperfoundation.com. Some files may be used is they are believed to be in the public domain or used with permission of the respective trademark or copyright holder. Please contact us if you have any questions or concerns about site content.
ACCEPTANCE OF ORDERS:
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. National Hazwoper Foundation reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants permission to contact their bank to verify name and address.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
We respect the rights of all copyright holders and have adopted/implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLOSURE OF YOUR INFORMATION - VIOLATION OF THESE TERMS AND CONDITIONS
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website. We may also do so to identify, contact, or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website. You also agree that we may disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to comply with legal process or enforce these Terms and Conditions. We may also disclose this data to respond to claims that any such data violates the rights of others, or to protect our rights, our affiliates, employees, users of this Website, or the public. Without limiting any other portion of these Terms and Conditions, you agree that we may, at our sole discretion and without prior notice, terminate your access to our Website and/or block your future access to our Website if we determine that you have violated these Terms and Conditions or other guidelines. These remedies are in addition to any other remedies we may have at law or in equity.
DISCLAIMER OF WARRANTIES
You agree that our website and all content, information, materials, products, and services available through our website are provided by us on an “as is” basis. This means that they may possess no warranty of any kind, either express or implied, and that your use of our website is entirely at your own risk. Without limitation, we, our affiliates, licensors, and licensees specifically disclaim any and all warranties, express or implied by statute or otherwise. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to this website and your use thereof.
LIMITATION OF LIABILITY
Neither we, our affiliates, licensors, or licensees shall have any liability for any errors, inaccuracies, omissions, or other defects in the content, information, or other materials available through our website. In no event shall we, or our affiliates, licensors, or licensees be liable to you or anyone else for any damages (other than direct damages) arising out of your access to or use of, materials, products, or services within or otherwise available through our website or our use of any materials that you provide to us. In no event shall we, our affiliates, licensors, or licensees be liable to you or anyone else for any special, indirect, consequential, punitive, exemplary, or similar damages whatsoever, even if we or any such other person has been advised of the possibility of such damages. As some areas may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
INDEMNITY
You hereby agree to indemnify, defend, and hold harmless us, and our affiliates, licensors and licensees, from and against any and all claims, costs, demands, losses, damages and expenses. This includes, without limitation, attorneys’ fees arising from or relating to your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions. This also applies to third party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims, or any dispute between you and any third party.
If you have questions or comments about the Terms & Conditions, please contact us at mail@pdhsafety.com .
