Terms & Conditions

LAST UPDATED:  March 13, 2012

 

Terms of Service

 

Please read this Terms of Service (the “Agreement”) carefully.  Your access to or use of the Site (as defined below) constitutes your consent to this Agreement.  If you do not consent to this Agreement, you shall not access or use the Site.

 

This Agreement is between you (“you”) and Research Applications and Financial Tracking, Inc. (“Company,” “we,” “us”) concerning your use of the online site currently located at http://labsafetyworkspace.org (together with any successor sites and all Services (as defined below), the “Site”).

 

1.         Acceptance of Terms.  The Site is made available by Company subject to this Agreement.  By accessing or using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

We reserve the right to update this Agreement from time to time by notifying you of such updates by any reasonable means, including by posting the updated Agreement on the Site.  You can determine when this Agreement was last updated by referring to the “LAST UPDATED” legend at the top of this Agreement.  Any updates will be effective immediately upon such posting or other notification.  Your access to or use of the Site after such posting or other notification will signify your acceptance of and agreement to be bound by such updates.  Notwithstanding the foregoing, any updates to this Agreement shall not apply to any dispute between you and Company arising prior to the date of such posting or other notification.  When using any Services (as defined below), you agree to comply with any additional posted terms and conditions applicable to such Services.

We reserve the right, from time to time and without notice, temporarily or permanently, in whole or in part, to:  modify, suspend or discontinue the Site; charge fees in connection with the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site.  You agree that neither we nor any of our affiliates or Course Suppliers (as defined below) shall be liable to you or to any third party for any such changes.  If you are dissatisfied with any such changes, your sole and exclusive remedy is to stop accessing and using the Site.

2.         Jurisdictional Issues.  The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than the United States.  Company does not represent or warrant that the Site (or any part thereof) is appropriate or available to access or use in any jurisdiction other than the United States.  In choosing to access or use the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes and other federal rules and regulations restricting exports.  We may (but are not obligated to) limit the availability of the Site (or any part thereof) to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

3.         Description of the Services.  We may provide users of the Site with access to certain content and services related to training courses made available through the Site, which may include, without limitation:  (a) services such as registration functionality, Courses, Assessments and Certificates (each as defined in Section 10 below), confirmations of the validity of Certificates, Forums (as defined in Section 7 below), Promotions (as defined in Section 13 below), news items and links to third-party websites; and (b) content such as training materials, audio and video clips, images, text, data and other similar content (such content and services, collectively, the "Services").

 4.         Information Submitted Through the Site.  Your submission of information through the Site is governed by Company's Privacy Policy, which is located at http://labsafetyworkspace.org/privacy-policy (the “Privacy Policy”).  You represent and warrant that any information you provide in connection with the Site is and shall remain true, accurate and complete, and that you will maintain and update such information regularly.  You agree that if any such information is false, inaccurate, obsolete or incomplete, we may terminate your access to the Site (or any part thereof) pursuant to Section 17 below.  

 5.         Rules of Conduct.  While using the Site, you will comply with all applicable laws, rules and regulations.  In addition, we expect users of the Site to respect the rights and dignity of others.  Your access to and use of the Site is conditioned upon your compliance with the rules of conduct set forth in this Section 5; your failure to comply with any such rule may result in termination of your access to or use of the Site (or any part thereof) pursuant to Section 17 below.  You agree that you will not:

• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Post, transmit or otherwise make available through or in connection with the Site any information or materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right without the express written consent of the owner of such right.
• Use the Site for any fraudulent or unlawful purpose.
• Request, receive, offer or provide any assistance (including any assistance from or to third parties or from reference sources including the Internet) in connection with any Assessments.
• Use the Site to harvest or collect personally identifiable information about users of the Site.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirement, procedure, policy or regulation of such servers or networks.
• Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Site without Company’s express prior written consent.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
• Frame or mirror any portion of the Site without Company’s express prior written consent.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent.  Notwithstanding the foregoing, and subject to the following sentence, Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Such permission is subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, and Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You also acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, networking and computer hardware, equipment and services needed to access and use the Site, and paying all related charges.

 6.         Registration; User Names and Passwords.  You may be required or permitted to register with Company to access certain Services or areas of the Site.  We may refuse to grant you, and you may not use, a username (or e-mail address) for such registration that is already used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of another person; that is offensive; or that we reject for any other reason in our sole discretion.

Your username and password are for your personal use only; you agree not to disclose or transfer your username or password (or sell, lend or otherwise share or transfer your access to or use of the Site) to any third party.  You are responsible for maintaining the confidentiality of your username and password.  You agree to immediately notify Company of any unauthorized use of your username or password or any other breach of security related to your account or the Site, and to ensure that you “log off” and exit your account with the Site (if applicable) at the end of each session.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations; you are fully and solely responsible for all interactions with the Site that occur in connection with your username.

 7.         Forums.  We and/or our service providers may make available through the Site certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a "Forum").

Information contained in Forums may be provided by employees of Company as well as by third-party visitors to the Site.  Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive.  Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties.  Without limitation, Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials.  Under no circumstances will Company or its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) or service providers be liable for any loss or damage caused by your reliance on such information or materials.  The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.

In addition, Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

8.         Submissions.  The Site may make available certain functionality (including Forums, e-mail addresses and the “Contact Us” page) through which you are able to post or send information and materials (each, a “Submission”).  For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement.  For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to:  (i) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.

 9.         Feedback.  Unless we expressly agree otherwise in writing, if you provide us with any ideas, proposals, suggestions or materials (including training materials) (“Input”), whether related to the Site, the Services or otherwise, you hereby acknowledge and agree that (a) your provision of any Input is gratuitous, unsolicited and without restriction and does not place Company under any fiduciary or other obligation; (b) any Input is not confidential and Company has no confidentiality obligations with respect to such Input; and (c) to the extent permitted under applicable law, any Input will become our sole property.  Without limiting the foregoing, you hereby grant to us a world-wide, royalty-free, fully paid-up, exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to:  (i) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify and otherwise use and exploit such Input, in any format or media now known or hereafter developed, and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.  We may use Input for any purpose whatsoever without compensation to you or any other person.  You are and remain responsible and liable for the content of any Input.

 10.       Courses, Assessments and Certificates.  We may make available on or through the Site training courses (“Courses”), including Courses related to laboratory safety.  We may also allow users of the Site to complete related quizzes or other assessments (“Assessments”) and receive certificates indicating completion of a Course (“Certificates”).  You represent and warrant that you have not and will not request, receive, offer or provide any assistance (including any assistance from or to third parties or from reference sources including the Internet) in connection with any Assessments.  A Certificate (and any confirmation of the validity of a Certificate) indicates only that, TO THE BEST OF OUR KNOWLEDGE, the recipient has submitted an Assessment for a particular Course that meets the standards established by us or the applicable Course Supplier for such Course, in our or its sole discretion, and does not indicate or imply that such recipient has any other competence, qualifications, knowledge or skills.  Neither we nor ANY Course Supplier are responsible or liable for any errors or fraud in connection with the issuance or confirmation of any Certificate.  If you receive a Certificate, you acknowledge and agree that we may provide details of such Certificate to any person possessing the identification number of such Certificate.  We may revoke Certificates at any time and without prior notice, in our sole discretion.

 Courses, Assessments and Certificates may be supplied by third parties (“Course Suppliers”) and not by Company.  The availability of Courses on or through the Site does not imply our endorsement of or our affiliation with any Course or Course Supplier.  The Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers are neither responsible nor liable for (a) any Courses, Assessments or Certificates, including the accuracy, completeness, integrity, quality, legality, usefulness, safety or non-infringement thereof; (b) the failure of any third party or Course Supplier to accept any Certificate (including a Certificate issued in connection with such Course Supplier’s own Course); or (c) the competence, qualifications, knowledge, skills, acts or omissions of any person holding a Certificate.

 11.       Company's Proprietary Rights.  The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers (including Course Suppliers), and are protected by copyright, trademark, patent and/or other proprietary rights and laws.  Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to access and use the Site, you may view any content on the Site to which we provide you access hereunder, solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices.  Except as expressly authorized in advance by Company in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) upon all or any part of the Site or any materials made available through the Site.

Trade names, trademarks and service marks of Company include BioRAFT™ and any associated logos.  All trade names, trademarks and service marks on the Site that are not owned by Company are the property of their respective owners.  The trade names, trademarks and service marks that are owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting (by implication, estoppel or otherwise) any license or right to use any of Company’s trade names, trademarks or service marks without our express prior written consent.

 12.       Links.  The Site may provide links to third-party websites and other online resources.  Because Company has no control over such resources, you acknowledge and agree that Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers are not responsible for the availability of such resources, and neither endorse nor are responsible or liable for any content, information, data, advertising, services, products or other materials available on or through such resources, or any loss or damages incurred in connection therewith.  In addition, third-party websites or other online resources may provide links to the Site with or without our authorization.  You acknowledge and agree that Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers neither endorse such resources, nor are responsible or liable for any links from such resources to the Site or any content, information, data, advertising, services, products or other materials available on or through such resources, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH RESOURCES.

Company shall have the right, at any time and without prior notice, to block links to the Site through technological or other means.

 13.       Promotions.  In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  Company urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

 14.       Disclaimer of Warranties.  THE SITE (INCLUDING ALL SERVICES) IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SERVICES AVAILABLE ON OR THROUGH THE SITE (INCLUDING ANY COURSES, ASSESSMENTS AND CERTIFICATES).  Company and ITS shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE (INCLUDING ALL SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.

 15.       Limitation of Liability.  Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers are NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSt PROFITS, LOST DATA, LOSS OF other INTANGIBLES, OR acquisition or interception by third parties of any materials PROVIDED IN CONNECTION WITH THE SITE (or any other loss of security related to such materials), EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  IN PARTICULAR, AND WITHOUT LIMITATION, Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers are not LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM (a) YOUR USE OF OR INABILITY TO USE THE SITE, (b) FROM ANY materials POSTED ON THE SITE BY Company OR ANY THIRD PARTY (INCLUDING COURSE SUPPLIERS); (C) FROM THE ISSUANCE (OR NON-ISSUANCE) OR ACCEPTANCE (OR NON-ACCEPTANCE) OF ANY CERTIFICATE; OR (D) THE CONDUCT OF ANY PERSON WHO MAY HAVE TAKEN A COURSE OR RECEIVED A CERTIFICATE ON OR THROUGH THE SITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP ACCESSING AND USING THE SITE.  THE MAXIMUM LIABILITY OF Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Company TO ACCESS AND USE THE SITE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site is or will remain secure, complete or correct, or that access to the Site will be uninterrupted.  The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement, including unauthorized alterations to the Site by third parties.  If you become aware of any such alterations, please contact us via our “Contact Us” page (currently located at http://labsafetyworkspace.org/contact) with a description of the materials at issue and the URL or location on the Site where such materials appear.

 16.       Indemnity.  You agree to defend, indemnify and hold harmless Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your access to or use of the Site; (b) your activities in connection with the Site; (c) any Certificates that you obtain or submit to any third parties (including Course Suppliers); or (d) any violation or alleged violation of this Agreement by you.

 17.       Termination.  This Agreement is effective until terminated.  Company, in its sole discretion, may terminate your access to or use of the Site for any reason, at any time and without prior notice, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.  Upon any such termination, your right to access and use the Site will immediately cease, and Company may (but have no obligation to) immediately deactivate or delete your username and password and all related information and materials (including any Assessments or Certificates), and/or bar any further access to such information and materials.  You agree that Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers (including Course Suppliers) and service providers shall not be liable to you or any third party for any termination of your access to or use of the Site or any such information or materials.  Sections 2, 4–5, 7–12 and 14–23 shall survive any expiration or termination of this Agreement.

 18.       Governing Law; Jurisdiction.  This Agreement is governed by and shall be construed in accordance with the laws of the State of Virginia, U.S.A., without regard to its principles of conflicts of law.  You agree to the exclusive jurisdiction of the federal and state courts located in Loudoun County, Virginia, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 19.       Contact Us.  If you have any questions regarding the meaning or application of this Agreement, please contact us via our “Contact Us” page (currently located at http://labsafetyworkspace.org/contact).  Please note that e-mail communications are not necessarily secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

 20.       Copyright Infringement Claims.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices should be sent to: Ben Benone, 25 First Street, Cambridge, MA 02141, copyright[@]labsafetyworkspace{dot}org, FAX: 1-800-939-7238.

We suggest that you consult your legal advisor before filing a notice or counter-notice.

 21.       Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on the websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).  Please note that Company does not endorse any of the products or services listed at such websites.

 22.       Notice for California Residents.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please contact us via our “Contact Us” page (currently located at http://labsafetyworkspace.org/contact).  You may also contact us by writing to LSW Support - BioRAFT, 25 First Street, Cambridge, MA 02141, or by calling us at 1-800-939-7238.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 23.       Miscellaneous.  This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  Any such attempted assignment, transfer or sublicense shall be void.  We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.  The term “including” as used herein means “including without limitation.” This Agreement is the entire agreement between you and Company relating to the subject matter herein, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter.  Notices to you (including notices of updates to this Agreement) may be made via posting to the Site, by e-mail or by regular mail, in Company's discretion.  Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Company will not be responsible for failures to fulfill any of Company’s obligations due to causes beyond its control.