The Content on this Website is limited to bona fide actual and prospective authorized users of HSE International products and related documentation (“Products”). In addition, you may not: a. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content; b. use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; c. use any robot, spider, other automatic software or device, or other process to monitor or copy our Website or the Content; d. use this Website to transmit any false, misleading, disparaging, fraudulent or illegal communications; e. copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Website, except for authorized downloads of Products by parties with valid Product licenses from HSE International. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of Canada. Any unauthorized use of this Website or its Content is prohibited.
The following terms apply to interactive areas of this Website (the “Interactive Areas”), which includes, without limitation, “Ideas,” “Answers,” and “Q&A” sections, and any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and other interactive features: a. Postings to be in Your Name. Your Postings shall be accompanied by your real name and email address and shall not be posted anonymously, and we may require that you identify the name of the organization(s) for which you work or are affiliated. Participants in Interactive Areas shall not misrepresent their identity or employer, or their affiliation with any person or entity. b. Postings to be Lawful and Proper. Any Content you provide in Postings must be limited to relevant technical questions and information relating to the Products, services, and other appropriate Third Party Items as described below. Without limiting the generality of the foregoing, you shall not post, publish, upload or distribute any Postings which are unlawful, improper or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, disparaging, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations or rules of any securities exchange, intentionally or unintentionally. c. Recommending Third Party Items; No Soliciting or Promoting For Gain. Postings should be made on a voluntary, collaborative, basis among fellow colleagues and professionals in the HSEI community without an expectation of economic gain. You may Post your own or recommend other parties’ Third Party Items and their websites if they contain helpful technical information for users of the Products, so long as you have no economic interest in and receive no direct or indirect benefit from such Posting or recommendations. In no event may any person or organization solicit anyone with information retrieved from this Website, or distribute on or through this Website or any Postings, any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any organization without the express written authorization by HSE International. d. Your Obligations for Postings; No HSE International Obligation to Monitor Postings. You are required to take reasonable steps to ensure that your Postings (including your own Third Party Items) are accurate and will not contain or cause errors or problems, and to update your Postings when you learn they are inaccurate or may contain or cause errors or problems. HSE International has no obligation to monitor or screen Postings and is not responsible for the Content in such Postings or any other content linked to or from such Postings. HSE International however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and delete or remove Postings, at any time and for any reason or no reason and without notice or permission. e. No Partnerships; No Liability for Third Party Items. The availability of Third Party Items on interactive areas of the website in no way implies or creates any partnership, joint venture, agency, or other relationship between HSE International and any Third Party. Third Party Items are provided on this Website by third parties over which HSE International has no control. Third Party Items may also be accessible via links or downloads from this Website, and may be referred to in other Third Party Items. HSE International disclaims all liability for any Third Party Items you may view or download from this Website or otherwise receive, or any actions you may take or refrain from taking as a result of viewing, downloading or otherwise receiving any Third Party Items. You (and your organization) are solely responsible for verifying the identity, trustworthiness and quality of the third party source and content before downloading any Third Party Items, running virus and security programs as appropriate, and performing tests and pilots before using or deploying Third Party Items. HSE International assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or Content of any Third Party Items. HSE International shall not be responsible for and assumes no liability for any infringement, defamation, disparagement, falsehood, or any other objectionable material contained in any Third Party Items. You understand that the information and opinions in Third Party Items are neither endorsed by nor does it reflect the belief or opinion of HSE International. Further, information and opinions provided by employees and agents of HSE International in Interactive Areas are not necessarily endorsed by HSE International and do not necessarily represent the beliefs and opinions of HSE International. As used herein, “Third Party Items” means any communications, products or other information or items provided by any third party directly or indirectly in connection with this Web site, including but not limited to third party Postings and other Content (which may include software scripts, objects, applications, programs and other items).
HSEI Partnership Program
Virtual and Online Training
The following terms apply to virtual and online training areas of this Website (the “Virtual and Online Training”), which includes, without limitation, any training or course accessed through this website either directly from HSE International or via a third party. a Bookings. Please ensure that you have read, understood and accepted the conditions of booking before you submit a course booking. By placing a booking, you will be deemed to have read, understood and accepted these terms and conditions, therefore entering into a contract. When booking via our website, payment can be made immediately by Credit/Debit Card. You can also select the invoice option for other payment methods. If you are paying via invoice, your booking is then classed as a confirmed booking and terms and conditions herein apply. Although your booking will be classed as confirmed, your place on the course selected will be provisional until full payment has been received. b Payment. Full payment must be received at least three (3) weeks before the course start date. If payment has not been received within this timeframe, login details for the virtual course will not be provided and you may forfeit your place on the course. Payment can be made by Credit/Debit card at the time of booking, or you can select Invoice payment. HSE International reserves the right to refuse course participation if payment has not been received within 3 weeks prior to the course date and our Cancellation Policy shall apply. c Transferring from virtual to in-house training. All transfers must be confirmed in writing via email to firstname.lastname@example.org within 14 days prior to the start of the virtual or online course. All transfers to a in-house or face-to-face learning courses will be subject to availability and an additional charge will be incurred. HSE International reserves the right to refuse changes to the agreed timings should these be made after the initial agreement has been entered into. Participants joining a training session late or leaving early will not be entitled to a transfer. d Cancellation Policy. All cancellations must be confirmed in writing and emailed to email@example.com within 48 hours prior to the start of the course. Any cancellations within that time frame are subject to a 50% service fee. Cancellations made on the day of the course forfeit 100% of the course costs. Participants joining a training session late or leaving early will not be entitled to a refund. e No-show Policy. Where HSE International does not receive a cancellation notice from the client before the course start date, and the participant does not attend the training, no refund of the course fee will be made. The option to transfer is not available and a new course booking will need to be made and paid for. f Technical issues policy. It is the client's responsibility to ensure that the participant(s) has suitable software, hardware and connectivity to join the session without issues. The trainer will allow time at the beginning of the session to talk participants through the practical elements of using the virtual learning platform and participants are encouraged to join the session ahead of the start time to ensure connectivity, sound and video are working correctly. Should a participant be unable to continue with a session due to personal or technical capability issues, the virtual learning session will continue for other participants and no refund will be provided. Should the HSE International trainer experience technical difficulties that seriously impact on the quality of the session for participants, an alternative session will be arranged. g Substitution Policy. Only those participants registered for the course will be permitted access. The access link and password should not be shared with other colleagues without confirming a substitution with HSE International in writing. HSE International reserves the right to refuse access to the virtual learning course to any unregistered/unconfirmed participants. A substitute can be provided up to 24 hours before the course at no extra charge but must have the necessary pre-requisites in order to attend the course. Only 1 substitution can be made per booking. Details of the change in participants must be sent in writing to firstname.lastname@example.org. h Refunds. HSE International will refund fees paid in accordance with
section d. If payment was made by credit/debit card, any refund due will be made back to the same card, minus any card charges incurred by HSE International. If payment was made by another method, the refund will be made by bank transfer. i Cancellation/Alterations to Course Contents, Dates, Fees or Trainer. HSE International reserves the right to alter or cancel courses without liability. We undertake to provide reasonable notice of any change or cancellation except in the case of an emergency. In the rare event of HSE International cancelling a course, and where an alternative cannot be provided, the booker will be entitled to a refund of fees paid to HSE International (or keep a course credit on their account), but shall not otherwise be entitled to compensation, costs or damages arising from such a cancellation or change. We will do our utmost to accommodate participants on to a suitable alternative course/date. HSE International reserves the right to provide a substitute trainer without notice. HSE International seeks to ensure that the course contents are continually reviewed and kept up to date. This may result in some alterations to the published contents. HSE International reserves the right to make amendments to published course contents without notice. All fees are subject to change and can be altered at any time prior to booking. j Course materials. Course materials provided before, during or after the virtual learning session remain the intellectual property of HSE International and are copyrighted. Materials are not to be reprinted, adapted, reused or shared without express permission of HSE International. k Special Offers and Discounts. Only one Special Offer or Discount can be used per course. Discounts and Special Offers are at the discretion of HSE International and can be withdrawn at any time. l Certificates. Replacement certificates for attendance on a course, will be subject to a service fee of $25 CAD.
Intellectual Property Rights, Including Postings and Content
Copyright Act – Notification of Alleged Copyright Infringement
HSE International is registered with the Canadian Copyright Office and in accordance with the terms of the Copyright Act (the “Act”) avails itself of the protections under the Act. HSE International reserves the right to remove any Content that allegedly infringes another person’s copyright. HSE International will terminate, in appropriate circumstances, access to this Website to repeat infringers of another person’s copyright. Notices to HSE International regarding any alleged copyright infringement should be directed to email@example.com or via mail or courier to HSE International, PO Box 24078, Windermere PO, Edmonton, Alberta, T6W2W2. You are required to include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
HSE International prohibits the use of HSE International' trademarks as a "link" on or to any other Website unless HSE International has approved the link in writing in advance.
The parties who are referred to as “Partners” herein or on HSE International’s websites are NOT partners of HSE International in any legal sense, and instead through the purchase of the HSEI Partnership Program have an monthly or annual membership subscription that awards the client with certain entitlements to HSE International’s products and services. Neither the use of the term “partners” nor the actions of any party, nor any statements regarding “partners” or a “partnership” herein or on HSE International’s websites, in its marketing materials or other documentation, or made in any communications between any parties shall be interpreted as creating an actual or implied partnership, joint venture, agency or other relationship.
Any purchase of a Partnership Package through this website is subject to this policy and the HSEI Partnership Program Terms and Conditions. You can view the HSEI Partnership Program Terms and Conditions here.
This website, the interactive areas, the content, and postings are provided on an “as is, as available” basis. HSE International does not represent or warrant that this website or the content or postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. HSE International does not warrant or represent that the content or postings available on or through this website will be correct, accurate, timely, or otherwise reliable. HSE International may make improvements and/or changes to its features, functionality or content or postings at any time. HSE International, for itself and its licensors and suppliers, expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. HSE International disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to a. Any errors in or omissions from this website, the interactive areas, the content, and the postings including, but not limited to, technical inaccuracies and typographical errors, b. Third party items, c. Any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, d. The unavailability of this website, the interactive areas, the content, the postings, or any portion thereof, e. Your use of this website, the interactive areas, the content, or the postings, or f. Your use of any equipment or software in connection with this website, the interactive areas, content, or postings.
Limitation of Liability and Damages
HSE International and its licensors and suppliers shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from use of this website, the content, the postings, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third party items. HSE International shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this website, the interactive areas, the content, the postings, or any third party items. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, HSE International’s sole obligation for damages to you or your organization or any other party claiming by or through you shall be limited to $1,000 in the aggregate. In no event will our (company and its affiliates', contractors', employees', agents', attorneys', or third-party partners', licensees, licensors', or suppliers') total liability to you for all damages, losses, claims, and causes of action arising out of or relating to this terms, or your accessing or using the site, program, platform, service, or reference site/program, or your interaction with other users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing or using any program, site, platform, or service, during the twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100.00), whichever is greater. The liabilities limited by this section include, without limitation, liability for negligence. These limitations of damages also apply with respect to damages incurred by you by reason of any use of any site, platform, content, program, products, or services licensed, sold, or provided on any platform, reference site / program or otherwise by third parties and received through or advertised on any site, program, platform, service, or content, or received through any reference site / program. The limitations or exclusions of warranties, remedies, or liability contained in the terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you reside, if the laws of the jurisdiction where you reside apply at all. Certain jurisdictions may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights, though it is our position that since the laws of Canada govern these terms, the laws of the jurisdiction where you reside do not apply. You agree that the foregoing does not give you any right to assert, and you will not assert, that the laws of the jurisdiction where you reside apply or that the venue for any such claims should be in such jurisdiction.
You agree to indemnify, defend, save, and hold harmless HSE International, its affiliated companies, its subsidiaries, affiliates, contractors, employees, officers, principals, directors, licensees, licensors, attorneys, agents, assigns, grantees, successors, and their suppliers, licensees, licensors, and partners, (collectively “Releasees”), from any claims, causes of action, losses, damages, liabilities, including legal fees and expenses, arising out of this Agreement, including Your accessing or using any Platform or Service, Your use or misuse of any Program or HSE International Sites, Platform, Service, any violation by You of any term of this Terms, or any breach of any of the representations, warranties, promises, or covenants made by You herein. HSE International reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless HSE International, and You agree to cooperate with HSE International's defense of these claims. HSE International will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. Users and Third Party Business Partners are responsible for their acts and omissions and anything placed on or made available through any HSE International Platform. In the event that You have a dispute with or claim against one or more Users or Third Party Business Partners, You release HSE International (and, as usual, our subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also hereby release, discharge and hold harmless the Releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal, provincial, or state laws arising from this Agreement, including Your accessing or using any Platform or Service (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder. You understand and agree that all rights You may have under the Canadian Civil Code and any similar law of any country, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release Releasees from any such unknown and/or unsuspected claims and Released Claims. You acknowledge that, in the event of a breach of this agreement by HSE International or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin HSE International, nor to revoke or otherwise impair any of the rights granted to HSE International herein. You and we agree that any claim or cause of action arising out of or related to your accessing or using any platform or service, the terms, except for our rights to seek indemnification, defense, and to be held harmless, must commence within one (1) year after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
Third Party Rights
The provisions of paragraphs 9 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) are for the benefit of HSE International and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Governing Law and Jurisdiction
Severability of Provisions
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Sensitive information (such as credit card data), is encrypted and transmitted in a secure way to the third party merchant - either Square, PayPal, or Sezzle - and therefore bypasses HSE International preventing any confidential information being collected. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Arbitration Agreement; Class & Consolidation Waiver; Waiver of Trial by Jury
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HSE International, including without limitation any disagreement, dispute, or claim related to or arising out of this Agreement, you and HSE International must and will attempt to negotiate any claim or dispute informally (the "Informal Negotiations") before initiating any arbitration proceeding, or court proceeding to the extent a court proceeding is proper unless injunctive relief is being sought by HSE International in which instance Informal Negotiations are not required. Such Informal Negotiations will commence shortly following written notice. A party who intends to seek arbitration must and will first send to the other, by both certified mail if a physical mail address is provided, and email, a completed form Notice of Dispute ("Notice of Dispute"). The Notice of Dispute to HSE International is to be both mailed or otherwise delivered to HSE International, c/o HSE International Group Limited, Attn: Legal, 10665 Jasper Avenue NW, 14th Floor, Edmonton, Alberta, T5J 3S9 and by email to firstname.lastname@example.org. We may email You a confirmation of receipt of Your Notice of Dispute and require that You verify that You submitted the Notice of Dispute. If we do, and we do not promptly receive back a verification then You agree that Your attempt to give Notice of Dispute is deemed ineffective. HSE International may send any Notice of Dispute to You to the physical address we have on file associated with Your HSE International account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is Your responsibility to keep Your physical address and all other contact information up to date. All information called for in the Notice of Dispute must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. b. Arbitration. If the claims or disputes described in the Notice of Dispute is not resolved through Informal Negotiations within 30 days after the Notice of Dispute is sent, You or HSE International may initiate arbitration proceedings You and HSE International expressly agree to resolve any and all disputes not resolved through Informal Negotiations (except those disputes expressly excluded in Limitations by Applicable Law) through final and binding arbitration ("Arbitration Agreement") - except if you properly opt-out arbitration. The Canadian Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, which evidences a transaction involving commerce; the arbitrator shall apply Federal or Alberta Provincial law to all other matters. Except as may be otherwise set forth in this Arbitration Agreement, the arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "CAA Rules") of the Canadian Arbitration Association ("CAA") and, where appropriate, the CAA's Supplementary Procedures for Consumer Related Disputes ("CAA Consumer Rules"), both of which are available at the CAA website (www.canadianarbitrationassociation.ca). The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the CAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Arbitration Agreement. The arbitrator(s) shall be a retired judge or justice, or a duly licensed attorney with no less than 10 years of experience in arbitrating commercial disputes involving the claims in dispute. If the parties cannot agree upon an arbitrator within fifteen days of the filing of the demand for arbitration, the CAA shall select the arbitrator. A form for initiating arbitration proceedings is available on the CAA's site at www.adr.org. In addition to filing this form with the CAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You must and will send a copy to HSE International at both the following address: c/o HSE International Group Limited, Attn: Legal, 10665 Jasper Avenue NW, 14th Floor, Edmonton, Alberta, T5J 3S9 and by email to email@example.com. In the event HSE International initiates an arbitration against You, it will send a copy of the completed form to the physical address we have on file associated with Your HSE International account, if we have one, and if not then by email or any other commercially reasonable method (including social media); it is Your responsibility to keep Your physical address and all other contact information up to date. Any settlement offer made by You or HSE International shall not be disclosed to the arbitrator. All claims or arbitrations filed, brought, initiated, or commenced (“initiated”) by You contrary to the above shall be deemed improperly initiated. Should You initiate a claim or arbitration contrary to the above, HSE International may recover attorneys' fees and costs up to $1,000.00, provided that HSE International has notified You in writing of the improperly initiated claim or arbitration, and You have failed to promptly withdraw the claim or arbitration. c. Excluded Disputes. You and HSE International agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. d. Prohibition of Class and Representative Actions and Non-Individualized Relief. We each agree that any and all disputes or claims relating in any way to the site, services or this terms must be brought in the party’s individual capacity and not as a plaintiff or class member in any purported class or representative or consolidated proceeding. By entering into these terms and agreeing to arbitration, You agree that You and HSE International are each waiving any right to file a lawsuit, go to court, and the right to a trial by judge or jury, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. (Arbitration procedures are typically, but not always, more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.) Further, In the event any litigation should arise between You and HSE International in any state or federal court in a suit to vacate or enforce an arbitration award, You and HSE International waive all rights to a jury trial, instead electing that the dispute be resolved by a judge. in addition, You may only resolve disputes with us on an individual basis, and You agree to waive the right to participate in a class or representative action or litigate or arbitrate on a multi-party, class- wide, or consolidated basis. class arbitrations, class actions, private attorney general actions, multi-party, and consolidation with other arbitrations aren't allowed and are waived. unless both You and HSE International agree otherwise in writing during the arbitration, the arbitrator(s) may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, multi-party, or class proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect other users or parties. You agree that You have expressly and knowingly waived these rights. e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a dispute covered by this Arbitration Agreement must initiate an arbitration proceeding within one (1) year, or the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct reasonable and adequate civil discovery and present witnesses and evidence as reasonably needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. No part of the proceedings shall be revealed or open to the public or the media. All evidence discovered or submitted is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court or arbitrator order, as may be applicable, or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to the arbitrator, or a court of law or equity, as may be applicable, any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or solely to seek injunctive or equitable relief to stop unauthorized use of any Platform or Services, or to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein. Notwithstanding anything to the contrary in the rules or procedures of CAA, the arbitrator's award shall be final and binding. The arbitrator will decide the substance of all claims in accordance with applicable law and rules, including regarding the admissibility of evidence, and including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall set forth in writing evidentiary rulings, findings of fact and conclusions of law, and in supported and reasoned decision(s) shall render all awards, including for baseless motions, motions not brought in good faith, and bad faith evasions, failures, and refusals, to comply with procedures, discovery, or proceedings, based thereon, and shall apply the law as the law is. Following application by any Party to a court of competent jurisdiction for an order entering, confirming, modifying, or vacating an award, the court shall, upon the request or motion of either party, have the duty, right and power to review: (a) whether the findings of fact rendered by the arbitrator(s) are supported by admissible evidence, and by the proper burden of proof; (b) whether, as a matter of law based on such findings of fact, the award should be confirmed, modified or vacated; and (c) whether the decision is thus properly supported by law and properly reasoned, and if not whether such portion as is not should be modified or vacated. Upon such determination, judgment shall be entered in favor of any Party consistent therewith. The Court shall grant attorneys’ fees and costs to the Party that prevails on any action, proceeding, motion, appeal, or the like, to oppose entry, confirmation, or to modify or vacate an arbitration award. The Parties agree to use reasonable efforts to maintain all matters relating to any proceeding (judicial or arbitration) hereunder confidential, including by seeking to have court filings sealed. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same HSE International user to the extent required by applicable law. f. Enforcement of Arbitration Award. In the event an arbitration decision, award or judgment is obtained, whether entered, filed or confirmed in court or not, the Party against which there may be obligation or against which the decision, award or judgment has been made agrees to pay all reasonable attorneys' fees and costs incurred in the enforcement of any such agreement, decision, award or judgment. g. Severability. With the exception of any of the provisions in Section 'Excluded Disputes' of these terms, if an arbitrator or a court, as applicable, decides that any part of this Arbitration Agreement is invalid or unenforceable, that portion will be severed and the other parts of this Arbitration Agreement shall still apply and will be given full force and effect. If an arbitrator or a court properly decides that any of the provisions in these terms is invalid or unenforceable, then with the exception of Sections 'Disputes Resolution', 'Informal Negotiations', and 'Improperly Initiated Claims', the entirety of these terms shall be null and void, will be severed, and the remainder of the Agreement and the exceptions previously mentioned will continue to apply. h. Opt-Out Procedure. There are no exceptions to this opt-out procedure. By submitting the information required, You warrant and represent that the information You are submitting is true, correct, and complete. You are opting out of the agreement to arbitrate in the Arbitration Agreement. This opt-out doesn't affect any other parts of the Terms, including, for example, the controlling law provision or the requirements about in which courts legal disputes may be brought. This procedure is the only way You can opt out of the Arbitration Agreement. If You opt out of the and Arbitration Agreement, all other parts of the Terms/Agreement, including all other provisions of the exceptions previously mentioned, will continue to apply. Opting out of this particular Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that You may have with us. There are no exceptions to this opt-out procedure and requirements. We may email You at the primary email address You provide a confirmation of receipt of Your opt-out notice and require that You verify that You submitted the opt-out. If we do, and we do not promptly - no later than five (5) calendar days - receive back a verification then You agree that Your attempt to opt-out is deemed ineffective. i. Future Amendments to the Arbitration Agreement. Notwithstanding any provision in the Terms to the contrary, You and we agree that if we make any amendment to the Arbitration Agreement (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against HSE International prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between You and HSE International. We will attempt to notify You of amendments to the Arbitration Agreement by posting the amended terms on or through a HSE International Platform at least 30 days before the effective date of the amendments or by providing notice through any HSE International notice or message center, social media platform, and/or by email. If You do not agree to these amended terms, You must cease using the Platforms or Services within the 30 day period and You will not be bound by the amended terms. If You continue to use the HSE International Platforms or Services You will be deemed to have agreed to the amendments. j. Survival. The Arbitration Agreement, and the exceptions previously mentioned, will survive the termination of Your relationship with HSE International.
Except as specifically permitted by this section, You may not disclose Your password to access HSE International’s service Platforms to any third party or share it with any third party. If You lose control of Your password, you may lose substantial control over personally identifiable information about You and may be subject to the consequences of actions taken on Your behalf. Therefore, if Your password has been compromised for any reason, You should immediately change Your password and notify us that You believe Your password has been compromised. You may, however, disclose your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard Your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to our services.
HSE International Platforms are not intended for use by children, especially those under age 16. No one under age 16 is allowed to use the Platforms, provide any personal information, or receive our email distributions. Minors between the ages of 13 and 17 must be properly employed as a worksite employee and have the explicit permission of a parent or legal guardian in order to use the Platforms, provide any personal information, or receive our email distributions.
When You use any HSE International Platform or Services, accessing or using any Platform or Services, or send emails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with You by email, text, short message system (SMS), chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on this Site or through any other HSE International Platform or Services. You may be charged by your mobile cell phone carrier for texts and SMS. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You understand and agree that HSE International may, without further notice or warning and in our discretion, monitor or record telephone conversations You or anyone acting on Your behalf has with HSE International or its agents for quality control and training purposes or for its own protection, including to use as evidence. You acknowledge and understand that, while Your communications with HSE International may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by HSE International, and HSE International does not guarantee and disclaims that recordings of any particular telephone calls will be retained or retrievable.
Incentive Prize Official Rules
Your participation in any survey conducted (or in part) by HSE International is subject to the HSE International’s incentive prize official rules. You can view the rules here.