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Terms of Service

Welcome to OSHAcademy

Please read these Terms of Service ("TOS") and the Privacy Policy and Honor Code prior to registering for OSHAcademy training or using any portion of the OSHAcademy website (the "Site," which consists of all content and pages located within the oshatrain.org web domain), including accessing any course material, chat rooms, or other electronic services. These TOS, the Privacy Policy, and the Honor Code are agreements (the "Agreements") between you and OSHAcademy. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Site.

OSHAcademy reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

DESCRIPTION OF OSHACADEMY

OSHAcademy offers online courses in the area of occupational health, safety, and the environment. Students can document their training through a certificate of completion and training transcript.

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the Site. You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

As a condition of your use of the OSHAcademy services, you will not use the Site in any manner intended to damage, disable, overburden or impair any OSHAcademy server or the network(s) connected to any OSHAcademy server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any OSHAcademy server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to, course materials, on-line textbooks, or PDF study-guides. You agree not to misrepresent or attempt to misrepresent your identity while using the Site.

USER ACCOUNTS AND AUTHORITY

In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you OSHAcademy collects and how OSHAcademy uses that information.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

AUTHENTICATION

In order that OSHAcademy can authenticate your identity as required by these TOS, you will be prompted to take a webcam photo of yourself, as well as a photo of an acceptable form of photo ID (described below). Once submitted to OSHAcademy, this information will be subject to the OSHAcademy Privacy Policy and will be used only for the purpose of verifying your identity. Acceptable forms of photo ID's are:

In order to be accepted by OSHAcademy, your photo ID must:

Unfortunately, if you do not posses a photo ID meeting the criteria described above, OSHAcademy is unable to provide you with an ID Verified Certificate at this time.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

OSHACADEMY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. OSHACADEMY ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE OSHACADEMY PRIVACY POLICY.

Links to Other Sites

The Site may include hyperlinks to sites maintained or controlled by others. OSHAcademy is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OSHACADEMY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OSHACADEMY WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT OSHACADEMY HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify OSHAcademy, and their respective subsidiaries, affiliates, officers, instructors, students, governing board members, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from, or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OSHAcademy will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights

Discontinuation of Courses and Content. You agree that OSHAcademy, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, with or without notice to you. It is OSHAcademy's policy to terminate in appropriate circumstances users of the Site who are repeat TOS infringers. OSHAcademy reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through OSHAcademy, or to cease providing any part or all of the Site content or related services, and you agree that OSHAcademy will not have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement

These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and OSHAcademy with respect to your use of the Site, superseding any prior agreements between you and OSHAcademy regarding your use of the Site.

Waiver and Severability of TOS

The failure of OSHAcademy to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection

You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Oregon, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Portland, Oregon, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date: September 1st, 2014.