Conditions of Use B www.texashillcountryaiha.org
Website
Your use of the website identified as www.texashillcountryaiha.org (AWebsite@) is governed by the terms and conditions
set forth below. Please read them carefully. By using this website you indicate
your acceptance of, and agreement to be bound by, the terms and conditions set
forth below (also referred to as this "Agreement"). If you do not
agree to these terms and conditions, please do not use this Website. This
Agreement shall supercede any prior or subsequent
terms or conditions included with any communications, agreement, purchase
order, or invoice, whether or not such terms or conditions are signed by the Texas Hill Country section of the
American Industrial Hygiene Association (“THC-AIHA”) or Environment-i-media,
Inc. (“E-i-m”).
Copyright and Trademark Notice - All content included on this Website, such
as text, graphics, logos, button icons, images, audio clips, information, data,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material and software (collectively "Content"), is the property of THC-AIHA,
E-i-m or its content suppliers and are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws (17 U.S.C. Section 101, et.
seq.), and THC-AIHA or E-i-m own copyrights in the
selection, coordination, arrangement, and enhancement of such Content. All
software used on this Website is the property of THC-AIHA, E-i-m or its software suppliers and protected by U.S. and
international copyright laws. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. You may not upload, post, reproduce, or distribute in any way or in any
form Content protected by copyright, or other proprietary right, without THC-AIHA=s or E-i-m’s
express prior written permission. Any use other than as contemplated herein,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on this Website is
strictly prohibited.
Environment-i-media is a trademark of Environment-i-media, Inc. AIHA is a trademark of the American Industrial Hygiene Association (“AIHA”). All
other marks, names, and logos mentioned herein are the property of their
respective owners. THC-AIHA=s, AIHA’s
and E-i-m’s trademarks may not be used in connection
with any product or service that is not THC-AIHA=s, AIHA’s
or E-i-m’s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
THC-AIHA, AIHA or E-i-m.
Website Content and Information - This Website contains
photographs, information, text, and other materials ("THC-AIHA
Information") that are provided for your information. You should be aware
that the THC-AIHA Information may contain errors, omissions, inaccuracies, or
outdated information. THC-AIHA and E-i-m make no
representations or warranties as to the completeness, accuracy, adequacy,
currency, or reliability of any THC-AIHA Information and shall not be liable
for any lack of the foregoing.
Disclaimer and Limitation of Liability - You expressly agree that
use of this Website is at your sole risk. Neither THC-AIHA nor E-i-m, nor their
affiliates, officers, directors, or employees, agents, third-party content
providers, merchants, sponsors, licensors (collectively,
"Providers"), or the like, warrant that the content of this website
will be uninterrupted or error-free; nor do they make any warranty as to the
results that may be obtained from the use of THC-AIHA products or services, or
as to the accuracy, reliability, or currency of any information content,
service, or merchandise provided by THC-AIHA.
THIS WEBSITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. THC-AIHA AND E-I-M MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON
THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THC-AIHA AND
E-I-M EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH
RESPECT TO THE GOODS, THE THC-AIHA INFORMATION, OTHER PRODUCTS, SERVICES, OR
MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE WEBSITE OR YOUR USE OF THE WEBSITE
GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT
ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY
NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS
AGREEMENT.
YOU AGREE THAT THC-AIHA, E-I-M AND
ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF ANY INFORMATION
PROVIDED BY THIS WEBSITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN
TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL THC-AIHA, E-I-M OR ANY OF ITS
PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO THE
INFORMATION PROVIDED BY THC-AIHA OR OTHER PRODUCTS, SERVICES, OR MATERIALS
OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF THIS WEBSITE
GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF
WHETHER THC-AIHA, E-I-M OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD
TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF THC-AIHA, E-I-M AND ITS PROVIDERS
TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE GOODS, OR
OTHER PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THIS WEBSITE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE
EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Miscellaneous - This Agreement and any applicable policies and procedures of THC-AIHA and E-i-m, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Texas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Texas to the rights and duties of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or delegate this Agreement or any part of it without THC-AIHA's and E-i-m’s prior written consent. THC-AIHA and E-i-m may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties thereunder, without the requirement of consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.