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.
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.
4. Grant of License
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:
- 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.
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 firstname.lastname@example.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
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 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.
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
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
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.
18. Governing Law and Jurisdiction
19. Limitation on Time to File Claims
20. Waiver and Severability
21. Entire Agreement
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, email@example.com.
You can also reach us by U.S. mail:
Attn: Privacy Officer
Board of Certified Safety Professionals
8645 Guion Road
Indianapolis, IN 46268