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Terms of Use Agreement

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEB SITE.

Each access of this Web site by you is governed by the Agreement that is accessible on this Web site at the time of use, which may be updated by the American Safety Council from time to time without notice to you other than the posting of the Agreement on this Web site.

The information on this Web site is presented for informational purposes only. Any email or correspondence from this Web site, or from the American Safety Council regarding this Web site, is provided for information purposes only. This Web site also includes links to other Web sites where the content is not controlled by the American Safety Council. In any case, the information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose. The American Safety Council makes no warranties or representations regarding the accuracy or completeness of the information. In no event shall the American Safety Council, its directors or employees, or any affiliate organizations be liable for any damages, including incidental or consequential damages, lost profits, or lost data, or any indirect damages even if we have been informed of the possibility thereof.

Graphics, Photos & Art

All graphics, photographs, and art made available on this Web site are the property of the American Safety Council and/or its affiliates or suppliers. These items are provided on this Web site for personal use only. You may not reproduce, distribute, download for any commercial use, post on any network computer, or rebroadcast any of these items in any media for any purpose. Unauthorized reproduction or redistribution is strictly prohibited.

Links

The American Safety Council may provide links on this Web site to other World Wide Web sites or resources. Because the American Safety Council has no control over such sites and resources, you acknowledge and agree that the American Safety Council shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Termination

The American Safety Council may terminate this Agreement and/or deny you access to the Web site at any time, with or without cause or notice.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AMERICAN SAFETY COUNCIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) THE AMERICAN SAFETY COUNCIL MAKES NO WARRANTY THAT (i) THE CONTENT OF THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND/OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; AND (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU AGREE THAT NEITHER THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THIS WEB SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE WEB SITE ARE HEREBY EXCLUDED EVEN IF THE AMERICAN SAFETY COUNCIL AND ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Proprietary Rights

You acknowledge and agree that this site is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the American Safety Council, you agree not to modify, distribute, copy, reproduce, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials on this site for any purpose not expressly permitted in these Terms of Use is prohibited.

Miscellaneous

This Agreement is governed by the laws of the State of Florida, without regard to its laws related to conflicts of law. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

Any rights not expressly granted herein are reserved to the American Safety Council.

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