| |
BY ACCESSING OR USING ANY PART OF THIS WEB
SITE, YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF
THESE TERMS OF USE, REGARDLESS OF WHETHER YOU
HAVE ACTUALLY READ THEM.
Scope of Use Rights.
You are permitted to access and use the
information available through the web site only
under these terms of use and for your own
internal business use.
Security.
You will be solely responsible for the security,
confidentiality and integrity of all messages
and the content that you receive, transmit
through or store on the web site.
Responsibility for Employees, Contractors,
and Other Representatives.
You acknowledge and agree that you will be
liable for all of the actions of your agents or
representatives in connection with their use of
the web site, regardless of whether they are
authorized to use the site by ISEE or whether
you have authorized them to access and use the
web site. In addition, you will be responsible
for all of the actions of your employees, former
employees and other agents or representatives
with respect to the use of this site.
Prohibited Uses.
You are solely responsible for, and you agree
not to engage in unacceptable use of the web
site, which includes, without limitation, use of
the web site to: (a) interfere, disrupt or
attempt to gain unauthorized access to the web
site or any other computer network; (b)
disseminate, store or transmit viruses, trojan
horses or any other malicious code or program;
(c) enter into a members only area if you are
not a member, or (d) engage in any other
activity deemed by us to be in conflict with the
spirit or intent of these terms of use.
Interactive Areas.
You may be permitted to access and use
discussion groups, bulletin boards, industry
forums, mail lists, customized home pages,
services and other tools, and other forms of
group electronic communications through the web
site ("Interactive Areas"). If you participate
in or use any Interactive Area you are
responsible for your own communications and the
consequences of posting your communications and
agree to abide by any rules for listserve or
interactive areas. If you choose to post
material using such Interactive Areas, you agree
to do so solely for lawful purposes and in
compliance with all applicable laws. You
expressly agree that ISEE has no responsibility
for or control over the information, creations,
data or material you may post on or encounter
using these Interactive Areas. ISEE make no
representation that your use of the Interactive
Areas will comply with applicable laws or that
they were designed to comply with the applicable
laws. You expressly agree that you will not post
any material that: (1) is defamatory, libelous,
abusive, or obscene, including, without
limitation, material which encourages conduct
that would constitute a criminal offense, give
rise to civil liability or otherwise violate any
applicable local, state, federal, or
international law; (2) infringes on the
copyright or any other proprietary right of a
third party; (3) would invade the privacy of any
other person; (4) is intended to advertise to or
solicit others without our express permission;
(5) constitutes charity solicitations, chain
letters or pyramid schemes; (6) contains a
virus, worm, trojan horse, time bomb, or any
other harmful program or component; or (7) does
not generally pertain to the designated topic or
theme of the web site. You further expressly
agree that you will not: (a) after receiving
warning, continue to post material which we have
advised you not to post; (b) create a false
identity or forged e-mail address or header, or
otherwise attempt to mislead others as to the
identity of the sender or the origin of the
message; (c) post, generate or disseminate
so-called "spam" or mass-mailings; (d) harvest
or otherwise collect information about others,
including email addresses, without their
consent; (e) interfere with or disrupt networks
connected to the web site; (f) attempt to gain
unauthorized access to restricted areas of the
web site, other accounts, computer systems or
networks connected to the web site, through
password mining or any other means; or (g)
interfere with another user's use and enjoyment
of the web site.
We are not responsible for screening or
monitoring material posted by you or any other
person or entity in Interactive Areas. If
notified by one of our Users of any material
that is alleged not to conform to the terms of
this Agreement, we may investigate the
allegation and determine in our sole discretion
to remove or request the removal of the
material. We reserve the right to remove
material that is abusive, illegal, disruptive,
or that otherwise fails to conform to this
Agreement. We reserve the right to edit or
delete any material posted on our web site,
regardless of whether such material violates
these standards for content. We have no
liability or responsibility to you or any other
person or entity for performance or
nonperformance of the screening activities set
forth above.
We further do not represent, warrant or
guarantee the truthfulness, accuracy, or
reliability of any of the material posted in
Interactive Areas. We also do not endorse any
opinions expressed in Interactive Areas. YOU
ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED
IN INTERACTIVE AREAS OR ANY OTHER AREAS OF OUR
SITE AND YOUR USE OF THOSE AREAS IS AT YOUR OWN
RISK.
You hereby grant to ISEE a non-exclusive,
worldwide, royalty-free, perpetual license, with
right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly
display and publicly perform any materials and
other information you submit to the Interactive
Areas by all means and in any media now known or
hereafter developed for any use or purpose.
No Professional Advice.
Since much of the information contained on this
site is general in nature and because each job
site is unique, the information presented may
not apply to a specific field situation.
Customers and members are cautioned that the
content contained on this web site (including,
without limitation, instructions, guides,
techniques, tips, and estimates) is offered for
informational and educational purposes only, and
is not intended to be a substitute for
professional blast design, engineering,
seismology, mining, quarrying, construction,
safety, compliance, or training advice. ISEE
cannot be responsible for the specific
application of any information presented. You
should not act upon this information without
seeking professional advice. Remember to always
consult the manufacturer of the product(s) you
are using for recommended practices. If you act
without professional advice, you assume all risk
for such actions.
No Endorsements.
ISEE does not endorse any sponsors or specific
tests, products, procedures, services, opinions,
contractors, or other information that may be
mentioned or described in this web site. If you
rely on any content obtained by you on or
through this web site, you do so solely at your
own risk. You are solely responsible for
compliance with the laws and regulations
applicable to your place or country of
residence.
Privacy Statement.
Our Privacy Statement can be found by following
this link:
Privacy Statement. The Privacy Statement is
incorporated herein by this reference and made
an integral part hereof.
Not Intended for Children.
This web site is not intended to be used by
children. The web site itself is intended to be
used by adults. If you are under 18 years of
age, you may use this web site only with the
involvement of a parent or guardian. We do not
collect personally identifiable information from
any person we actually know is a child under the
age of 13.
Advertisements and Links to Other Web sites.
Any link (including a hyperlink, button or
referral device of any kind) used on this web
site is provided for your use and convenience.
The appearance of a link on this web site does
not constitute an endorsement, recommendation or
certification by us. ISEE is not responsible for
the content of linked third-party web sites or
third-party advertisements, and does not make
any representations regarding their content or
accuracy. ISEE does not endorse any product,
service, or service provider that may be
advertised on our web site. Links to Our Web
site; Advertising. Links into our web site must
be by prior written approval of ISEE. No other
links into our web site are permitted.
Termination.
ISEE reserves the right, in our sole discretion
and without notice, at any time and for any
reason, to remove or disable access to all or
any portions of the web site and to suspend your
access to or use of all or any portion of the
web site.
Disclaimer of Warranties.
THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. USE OF THE WEB SITE IS AT YOUR SOLE
RISK. ISEE DOES NOT WARRANT THAT THE WEB SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES
ISEE MAKE ANY WARRANTY AS TO ANY RESULTS THAT
MAY BE OBTAINED BY USE OF THE WEB SITE. ISEE
DOES NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENTNESS, OR TIMELINESS OF THE INFORMATION
CONTAINED IN THE WEB SITE. WE MAKE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS,
TITLE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, IN RELATION TO THE WEB SITE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL ISEE BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR
RELATING TO THIS AGREEMENT, THE WEB SITE OR THE
INTERNET GENERALLY, INCLUDING, WITHOUT
LIMITATION, YOUR USE OR INABILITY TO USE THE WEB
SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE
WEB SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO
OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR
RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED
INTO THROUGH THE WEB SITE, OR ANY DATA OR
MATERIAL FROM A THIRD PERSON ACCESSED ON OR
THROUGH THE WEB SITE, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT OR
OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES PROHIBIT THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR
SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO
DISCONTINUE USE OF THE WEB SITE AND TERMINATE
THIS AGREEMENT.
Ownership and Use of Content.
All of our web site design, text, graphics and
the selection and arrangement thereof are
protected by copyrights of Society of Explosives
Engineers, Inc., dba International Society of
Explosives Engineers (ISEE), All Rights
Reserved. This web site, including but not
limited to its design and content, is protected
by the copyright laws of the United States and
foreign countries. Title to the content is owned
by ISEE or our licensors, and all use thereof
inures to the benefit of ISEE or our licensors.
You may download and print a single copy of the
content solely for your internal business
purposes and not for any commercial purpose or
use, provided that such content must not be
altered in any way and must contain all
copyright and proprietary rights notices that
accompany such content. All rights not expressly
granted herein are reserved to us and our
licensors. You agree that you will not upload or
transmit any content of any type that infringes
or violates the rights of anyone. The web site
and any portion thereof may never be used by
anyone to create or re-create a similar or
competing web site. Any use of the content not
expressly permitted by these terms of use is a
breach of these terms of use and may violate
copyright, trademark and other laws. ANY
UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE
CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND
SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES
PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL
COPYRIGHT, TRADEMARK, AND OTHER LAWS AND
TREATIES.
Indemnification. You agree to indemnify, hold
harmless and defend ISEE and our directors,
officers, volunteers, employees and agents from
and against any action, cause, claim, damage,
debt, demand or liability, including reasonable
costs and attorney's fees, asserted by any
person, arising out of or relating to: (a) these
terms of use; (b) your use of the web site,
including any data or work transmitted or
received by you; and (c) any unacceptable use of
the web site.
No Extraterritoriality.
We are based in Cleveland, Ohio, in the United
States of America. We make no claims that the
web site is appropriate for, or may be accessed
or downloaded by, persons residing outside of
the United States of America. Access to our web
site and its content and accessible products or
services may not be legal by certain persons in
certain countries. If you access this web site
from outside the United States of America, you
do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
Miscellaneous.
ISEE will have the right, at any time and
without notice, to add to or modify these terms
of use simply by posting such amended terms on
this web site. You consent to the modification
of these terms of use in this manner. Your
access to or use of the web site after the date
such amended terms are posted shall be deemed to
constitute acceptance of such amended terms.
These terms of use are made in and shall be
governed by the laws of the State of Ohio
without reference to conflicts of laws.
All actions, claims or disputes arising under or
relating to these terms of use shall be brought
in the federal or state courts in Cleveland,
Ohio. You irrevocably submit and consent to the
exercise of subject matter jurisdiction and
personal jurisdiction by these courts.
If ISEE sues you to enforce these terms of use
and prevail, then we will be entitled to
reasonable fees of attorneys, accountants, and
other professionals, and costs and expenses in
addition to any other relief to which we may be
entitled.
The terms and provisions of the sections
regarding "Responsibility for Employees,
Contractors, and Other Representatives,"
"Disclaimer of Warranties," "Limitation of
Liability," "Indemnification," and
"Miscellaneous" shall survive any termination or
expiration of this Agreement.
These terms of use constitute the complete and
exclusive statement of the agreement between you
and ISEE with respect to the web site and
supersedes any and all prior or contemporaneous
communications, representations, statements and
understandings, whether oral or written, between
you and us concerning the web site.
The waiver by ISEE of a breach of any provision
of these terms of use shall not operate or be
construed as a waiver of any other or a
subsequent breach of the same or a different
kind. If any provision of these terms of use
shall be held by a court of competent
jurisdiction to be contrary to law, the
remaining provisions of these terms of use shall
remain in full force and effect.
Thank you for using our web site. We hope you
find it helpful and convenient to use! Questions
or comments regarding this web site should be
directed by electronic mail to
webmaster@isee.org or by U.S. Mail to
International Society of Explosives Engineers,
30325 Bainbridge Road, Cleveland, Ohio
44139-2295. Tel. (440) 349-4400.
|
|