Terms of Use

Last Update: August 25, 2023
 

1. Acceptance

By accessing or using any of the Board of Certified Safety Professionals (“BCSP, “we,”, or “us”) Internet properties including, without limitation, www.bcsp.org, mobile websites, microsites, mobile applications, and any other digital services or platforms operated or used by BCSP from time to time (collectively referred to as the “Sites”), you agree to comply with and be bound by these Terms of Use (“Terms of Use”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of BCSP Sites, including any content accessible on or through it, features, functionality, and services offered on or through the same, whether as a guest or a registered user. Please read these Terms of Use carefully as well as the BCSP’s Privacy Policy, which is incorporated herein by reference. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions set out in Section 17 (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites.

Your continued use of the Sites following the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Sites and Account Security

We reserve the right to withdraw or amend the Sites, and any content, services, features, functionality or other material we provide through or in connection with the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Sites.

Portions of the Sites may be made available only to persons who have purchased access or have otherwise been issued an activation key or a username and/or password (“Registered Users”). Only Registered Users’ access to restricted portions of the Sites will be only for the duration specified at the time of purchase or at time the activation key or a username and/or password is issued, as applicable.
It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you become a Registered User, you acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You are responsible for maintaining the confidentiality of your password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Grant of License

The Sites including any content accessible on or through it, software, features, functionality, and services offered on or through the same are owned by BCSP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Use including the License Restrictions in Section 5 below, BCSP hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites solely for your personal, non-commercial use and for no other purpose.

Others may view, print, and temporarily store materials from this site for internal use only, provided that copying fees are paid to the Copyright Clearance Center for printing of files beyond that permitted by Section 107 or 108 of the U.S. Copyright Act, that BCSP’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.

A link or links may be made to any document or location at this site, provided that the link has been approved by the BCSP and does not bypass any license agreement or lead to any secure areas on this site for which a fee has been assessed.

We reserve the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason.

If you become a Registered User, you may have access additional content, functionality, services and materials on the Sites. Your right to access and use such additional materials will terminate in accordance with the duration of access specified at the time of purchase or activations.

In some cases, we may make certain content available for you to print or download. In such a case, you may print or download one copy of the information incorporated into the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5. License Restrictions

Notwithstanding the foregoing license grant, you may not and may not permit any other person to:

• copy, reproduce, download, or store the Sites, any part thereof, or any of the information provided through the Sites, except as may be expressly permitted in these Terms of Use or by additional terms we may provide with certain content;
• modify, adapt, or otherwise create derivative works of the Sites, any part thereof, or any of the information provided through the Sites;
• distribute, disclose, sell, publish, transfer, publicly display, rent, lease, lend, sublicense, timeshare, or otherwise make available the Sites, any part thereof, or any of the information provided through the Sites to or through any other person or entity;
• store BCSP Content on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials;
• reverse engineer, dissemble, decompile, decode or adapt, or otherwise attempt to derive or gain access to the source code of the Sites, any part thereof, or any of the information provided through the Sites;
• bypass or breach any security device or protection used for or contained in the Sites; or
• use the Sites for purposes of (i) competitive analysis of the Sites; (ii) developing, using, or providing a competing product or service; or (iii) any other purpose that is to BCSP’s detriment or commercial disadvantage.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by BCSP. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. BCSP reserves all rights not expressly granted to you under these Terms of Use.

6. Anti-Trust Policy

BCSP has a strict Antitrust Policy, ensuring that it and its members comply with federal and state antitrust laws.

7. Proprietary Rights

The content of the Sites includes, without limitation, (i) BSCP’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names, and other distinctive identification (collectively “BCSP Marks”); (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “BCSP Content”).

BCSP Content is the property of the BCSP, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any BCSP Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the BCSP Marks or BCSP Content without BCSP’s express written consent is strictly prohibited. All use must be requested in writing/email to BCSP at trademarks@bcsp.org. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the BCSP Content, including any such notices appearing on any BCSP Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

8. Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm BCSP or users of the Sites, or expose them to liability.
• Upload, download, post, email, transmit or otherwise make available any BCSP Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Upload, post, email, transmit or otherwise make available BCSP Content, including but not limited to, magazines, journals, books, or portions thereof (including articles, figures, tables, photos, etc.) that are published by the BCSP Press without prior written permission.
• Reproduce, photocopy, and/or enter into a computer database or copy in handwritten format any e-mail addresses on the Sites without prior written permission of the BCSP.
• Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.

9. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10. Reliance on Information Posted

Any use or reliance you place on any information presented on or through the Sites is strictly at your own risk. We do not warrant the accuracy, adequacy, completeness, or usefulness of the information presented on or through the Sites. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. Unless expressly required by law, BCSP does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. BCSP shall not be obligated to correct or update the Sites or the BCSP Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites. For additional information, see Section 14 (Disclaimer of Warranties).

The Sites [may include/include] content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials and content, other than the content provided by BCSP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BCSP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Information About You and Your Visits to the Sites

All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

12. Purchases

If you purchase access to certain content, web application, functionality, or materials made available or in the restricted areas on the Sites (“Purchases”), you agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to BCSP that any payment information you provide to BCSP is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date). All purchases are nonrefundable.

13. Additional Terms and Conditions

Certain areas of the Sites may also be governed by additional or different terms and conditions (collectively “Additional Terms and Conditions”) and are incorporated herein by reference. In the event of a conflict between these Terms of Use and the Additional Terms and Conditions necessary to access restricted portions of the Sites, the Additional Terms and Conditions governing the restricted portions of the Sites will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms of Use will apply where there is not a conflicting provision.

14. Third Party Sites and Services

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BCSP NOR ANY PERSON ASSOCIATED WITH BCSP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, COMPLETENESS, USEFULNESS, RELIABILITY, QUALITY, ACCURACY, ADEQUACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER BCSP NOR ANYONE ASSOCIATED WITH BCSP REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, TIMELY, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS ON ANY BCSP CERTIFICATION EXAM FROM THE USE OF THE SITES, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BCSP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless BSCP, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, any use of the Sites’ content, functionality, services, and materials other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

18. Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of Indiana, in each case located in the City Indianapolis and County of Marion, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Waiver and Severability

No waiver by BCSP of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BCSP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BCSP regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

22. Your Comments and Concerns

The Sites are operated by BSCP, 8645 Guion Road, Indianapolis, Indiana 46268

All other feedback, comments, for technical support, and other communications relating to the Sites should be directed to our Privacy Officer by email as follows, privacyofficer@bcsp.org.

You can also reach us by U.S. mail:

Attn: Privacy Officer
Board of Certified Safety Professionals
8645 Guion Road
Indianapolis, IN 46268