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Terms & Conditions

  1. The hspinc.ca online training library web site is intended for use for lawful purposes only. By subscribing to our service, you agree that you have read and understand the terms and conditions of use. You also agree to review this agreement periodically in order to be aware of any modifications that might be made from time to time. Your continued access to our site will be deemed your acceptance of any modified agreement.

    By clicking on the ‘subscribe here’ button, you are consenting to be bound by and are a party to this agreement. The terms and conditions of such agreement shall prevail in governing your rights of use. If you do not agree to be bound by all of the terms of this agreement, do not select the ‘register now’ button.

    DEFINITIONS

    o "hspinc." refers to Health & Safety Professionals Inc.
    o "you" refers to the user or subscriber.
    o "Software" refers to the hspinc. training content
    o "Site" refers to the hspinc.ca web site.
    o "Agreement" refers to the terms and conditions of use agreement
    o "Terms" refers to the terms and conditions of use found within this Agreement

  2. LICENSE: Health & Safety Professionals Inc. hereby grants to you a worldwide, non-royalty bearing, non-exclusive license to use the courses according to the provisions contained herein and subject to payment of the applicable fees.

  3. FEES: The rights granted under this Agreement are effective only upon payment of the fees, which are strictly non-refundable other than as expressly provided herein.

    Health & Safety Professionals Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site, including, without limitation, the content, availability, access and/or the terms of this site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this site. Health & Safety Professionals Inc. may terminate this Agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or it may terminate this Agreement for its convenience or for any other reason.

  4. RESTRICTIONS: You may not do any of the following:
    • Permit others who have not properly purchased the course to use your copy;
    • Save the Courses to your hard disk or other storage medium;
    • Copy, modify, reverse engineer, disassemble, redistribute, republish or adapt the Course;
    • Make derivative works based on the Course;
    • Publish or otherwise disseminate the Course;
    • Delete any author attributions, legal notices, or proprietary designations or labels that you upload;
    • Manipulate or otherwise display the Site or any of its content by “deep linking” or “framing” or similar navigational technology;
    • Violate hspinc security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
    • Use the Site in any manner that adversely affects the availability of its resources to other users; or
    • Transmit any material that contains a virus or corrupted data.

    Health & Safety Professionals Inc.’s online training library and the hspinc.ca website is owned and operated by Health & Safety Professionals Inc. as a corporation of record. All materials on this site are the property of Health & Safety Professionals Inc. unless otherwise specified. No material from these pages may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purposes is a violation of the Copyright law and other intellectual property laws. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

    LIMITED WARRANTY:

    Health & Safety Professionals Inc. warrants that the Course, if operated as directed, will substantially achieve the functionality described. Health & Safety Professionals Inc. does not warrant, however that your use of the Course will be uninterrupted or that the operation of the Course will be error-free or secure.

    Health & Safety Professionals Inc. also warrants that the media containing the Course, if provided by hspinc.ca is free from defects in material from the date you acquired the Course. Health & Safety Professionals Inc.’s sole liability for any breach of this warranty shall be, at Health & Safety Professionals Inc.’s sole discretion:
    (i) to replace your defective Course; or
    (ii) to advise you how to achieve substantially the same functionality with the Course as described; or
    (iii) if the above remedies are impracticable, to refund the fee you paid for the Course.
    Only if you inform Health & Safety Professionals Inc. of your problem with the Course during the applicable period will Health & Safety Professionals Inc. be obligated to honour this warranty. Health & Safety Professionals Inc. will use reasonable commercial efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Course by you during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if you violate the Terms of this Agreement, then this warranty shall immediately terminate.

    This warranty shall not apply if the Course is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Course was designed to be used as described.

    This is a limited warranty, and it is the only warranty made by Health & Safety Professionals Inc. or its suppliers. Health & Safety Professionals Inc. makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of third parties' rights. You may have other statutory rights, however, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the above limited warranty period. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. No dealer, agent, or employee of Health & Safety Professionals Inc. is authorized to make any modifications, extension, or additions to this limited warranty.

  5. PROPRIETARY RIGHTS:

    Health & Safety Professionals Inc. reserves all proprietary rights in and to the Course, and is protected by copyright and other intellectual property laws and international treaties. Health & Safety Professionals Inc. retains all worldwide rights in its intellectual property, including, but not limited to its trademarks, inventions, ideas, trade secrets, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content included on the Site. The information contained herein is subject to change without notice.

    HSP Inc. Trademark Notice: “HSPInc online Training Library” and the HSPInc. logo are trademarks of Health & Safety Professionals Inc.

  6. TERMINATION:

    This Agreement shall automatically terminate if you fail to comply with the restrictions described herein. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

  7. LIMITATION OF LIABILITY:

    Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Health & Safety Professionals Inc. or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk and you are solely responsible for any damage to your computer system in excess of the amount Health & Safety Professionals Inc. received from you for a license to the course, and for any loss of data that results from the download of any such content, including any damages resulting from computer viruses.

    In no event will Health & Safety Professionals Inc. be liable for any damages in excess of the amount Health & Safety Professionals Inc. received from you for a license to the software, even if Health & Safety Professionals Inc. shall have been informed of the possibility of such damages, or for any claim by any other party.

  8. THIRD PARTY MATERIALS:

    This Site may contain links and pointers to internet sites maintained by others (“third party sites”). Health & Safety Professionals Inc. does not purport to review, monitor, or endorse any such third party sites and Health & Safety Professionals Inc. is not responsible or liable for the content or availability of such sites; does not warrant, guarantee, endorse, recommend, or otherwise promote the products, processes, services, or content of such sites or of any external site; and makes no representations whatsoever about such sites. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk. You agree that Health & Safety Professionals Inc. is not liable, directly or indirectly, for any damage or loss caused by or in connection with use or reliance on the content, goods or services available on third party sites. Once you link to another site, you are subject to the privacy policy of the new site.

    This Site may contain material submitted, posted, or owned by others (“third party materials”). You acknowledge that Health & Safety Professionals Inc. does not pre-screen third party materials, but reserves the right to screen, block, or restrict access to, or the availability of, or to disable, any third party materials that are available on or through this Site. You must evaluate and bear all risks associated with use of any third party materials. Health & Safety Professionals Inc. may disable, restrict access to or the availability of, any third party material that violates its Terms, is illegal, or is otherwise objectionable.

    PRIVACY:

    Health & Safety Professionals Inc. respects and pledges to protect your privacy consistent with this Site’s posted Privacy Policy. Please see Health & Safety Professionals Inc.’s Privacy Policy for further details.

    GOVERNING LAW AND DISPUTE RESOLUTION:

    All disputes between you and Health & Safety Professionals Inc. shall be finally resolved through binding arbitration. If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. Health & Safety Professionals Inc.’s failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.

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Have a question not answered here?
Please contact HSPI (705-254-3752), Toll-Free (877-254-3752) Monday to Friday, 9:00 a.m. to 4:00 p.m. Eastern Standard Time or send an e-mail to whmis@hspinc.ca if you have any questions, concerns or would like more information about the Online WHMIS Training Module.


 

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© Health & Safety Professionals Inc. All rights reserved.
536B Fourth Line East
Sault Ste. Marie, P6A 6J8
Ontario, Canada
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