These terms of use are entered into by and between you and Board of Certified Safety Professionals ("BCSP," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our recertPRO website and learning management system including any content accessible on or through it, features, functionality, and services offered on or through the same (collectively, the "recertPRO site"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the recertPRO site. BY USING THE RECERTPRO SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the recertPRO Site.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the recertPRO site thereafter. However, any changes to the dispute resolution provisions set out in Section 17 (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the recertPRO site.

Your continued use of the recertPRO site following the posting of revised terms of use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the recertPRO site, and any content, services, features, functionality or other material we provide through or in connection with the recertPRO site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the recertPRO site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the recertPRO site.

Portions of the recertPRO site may be made available only to persons who have purchased access or have otherwise been issued an activation key or a username and/or password ("Registered Users"). Only Registered Users’ access to restricted portions of the recertPRO site will be only for the duration specified at the time of purchase or at time the activation key or a username and/or password is issued, as applicable.

It is a condition of your use of the recertPRO site that all the information you provide on the recertPRO site is correct, current, and complete. You agree that all information you provide to register with the recertPRO site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you become a Registered User, you acknowledge that your account is personal to you and agree not to provide any other person with access to the recertPRO site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The recertPRO site including any content accessible on or through it, software, features, functionality, and services offered on or through the same are owned by BCSP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms of Use including the License Restrictions in Section 5 below, BCSP hereby grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the recertPRO site solely for your personal and non-commercial use.

If you become a Registered User, you may have access additional content, functionality, services and materials on the recertPRO site. Your right to access and use such additional materials will terminate in accordance with the duration of access specified at the time of purchase or activations.

In some cases, we may make certain content available for you to print or download. In such a case, you may print or download one copy of the information incorporated into the recertPRO site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Notwithstanding the foregoing license grant, you may not and may not permit any other person to:

• copy, reproduce, download, or store the recertPRO site, any part thereof, or any of the information provided through the recertPRO site, except as may be expressly permitted in these Terms of Use or by additional terms we may provide with certain content;
  
  
• modify, adapt, or otherwise create derivative works of the recertPRO site, any part thereof, or any of the information provided through the recertPRO site;
  
  
• distribute, disclose, sell, publish, transfer, publicly display, rent, lease, lend, sublicense, timeshare, or otherwise make available the recertPRO Site, any part thereof, or any of the information provided through the recertPRO site to or through any other person or entity;
  
  
• reverse engineer, dissemble, decompile, decode or adapt, or otherwise attempt to derive or gain access to the source code of the recertPRO site, any part thereof, or any of the information provided through the recertPRO site;
  
  
• bypass or breach any security device or protection used for or contained in the recertPRO site; or
  
  
• use the recertPRO site for purposes of (i) competitive analysis of the recertPRO site; (ii) developing, using, or providing a competing product or service; or (iii) any other purpose that is to BCSP’s detriment or commercial disadvantage.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the recertPRO site in breach of the Terms of Use, your right to use the recertPRO site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the recertPRO site or any content on the recertPRO site is transferred to you, and all rights not expressly granted are reserved by BCSP. Any use of the recertPRO site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. BCSP reserves all rights not expressly granted to you under this Terms of Use.

The BCSP name and logo, the recertPRO name and logo, the Board of Certified Safety Professionals name and logo, the Board of Certified Safety Professionals, Since 1969 name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BCSP or its affiliates or licensors. You must not use such marks without the prior written permission of BCSP. All other names, logos, product and service names, designs, and slogans on the recertPRO Site are the trademarks of their respective owners.

You may use the recertPRO site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the recertPRO site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the recertPRO site, or which, as determined by us, may harm BCSP or users of the recertPRO site, or expose them to liability.
  
  
• Use the recertPRO site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the recertPRO site, including their ability to engage in real time activities through the recertPRO site.
  
  
• Use any robot, spider, or other automatic device, process, or means to access the recertPRO site for any purpose, including monitoring or copying any of the material on the recertPRO site.
  
  
• Use any manual process to monitor or copy any of the material on the recertPRO site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  
  
• Use any device, software, or routine that interferes with the proper working of the recertPRO site.
  
  
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  
  
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt the recertPRO site, the server on which the recertPRO site is stored, or any server, computer, or database connected to the recertPRO site.
  
  
• Attack the recertPRO site via a denial-of-service attack or a distributed denial-of-service attack.
  
  
• Otherwise attempt to interfere with the proper working of the recertPRO site.

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the recertPRO site.
  
  
• Terminate or suspend your access to all or part of the recertPRO site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the recertPRO site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Any use or reliance you place on any information presented on or through the recertPRO site is strictly at your own risk. We do not warrant the accuracy, adequacy, completeness, or usefulness of the information presented on or through the recertPRO site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the recertPRO Site, or by anyone who may be informed of any of its contents. For additional information, see Section 14 (Disclaimer of Warranties).

The recertPRO site [may include/includes] content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials and content, other than the content provided by BCSP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BCSP. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

All information we collect on the recertPRO site is subject to our Privacy Policy. By using the recertPRO site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

If you purchase access to certain content, web application, functionality, or materials made available or in the restricted areas on the recertPRO site (“Purchases”), you agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to BCSP that any payment information you provide to BCSP is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date). [All purchases are nonrefundable.]

Certain areas of the recertPRO site may also be governed by additional or different terms and conditions. In the event of a conflict between these Terms of Use and those necessary to access restricted portions of the recertPRO site, the terms and conditions governing the restricted portions of the recertPRO site will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms of Use will apply where there is not a conflicting provision.

If the recertPRO site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the recertPRO site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the recertPRO site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE RECERTPRO SITE OR ITEMS OBTAINED THROUGH THE RECERTPRO SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE RECERTPRO SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECERTPRO SITE, IS AT YOUR OWN RISK. THE RECERTPRO SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECERTPRO SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BCSP NOR ANY PERSON ASSOCIATED WITH BCSP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, COMPLETENESS, USEFULNESS, RELIABILITY, QUALITY, ACCURACY, ADEQUACY, OR AVAILABILITY OF THE RECERTPRO SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BCSP NOR ANYONE ASSOCIATED WITH BCSP REPRESENTS OR WARRANTS THAT THE RECERTPRO SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECERTPRO SITE WILL BE ACCURATE, RELIABLE, TIMELY, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS ON ANY BCSP CERTIFICATION EXAM FROM THE USE OF THE RECERTPRO SITE, THAT THE RECERTPRO SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RECERTPRO SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE RECERTPRO SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BCSP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE RECERTPRO SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE RECERTPRO SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless BSCP, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the recertPRO Site, including, but not limited to, any use of the recertPRO site’s content, functionality, services, and materials other than as expressly authorized in these Terms of Use, or your use of any information obtained from the recertPRO Site.

All matters relating to the recertPRO site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the recertPRO site shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of Indiana, in each case located in the City Indianapolis and County of Marion, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE RECERTPRO SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by BCSP of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BCSP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BCSP regarding the recertPRO site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the recertPRO site.

The recertPRO site is operated by BSCP, 8645 Guion Road, Indianapolis, Indiana 46268

All other feedback, comments, for technical support, and other communications relating to the recertPRO site should be directed to: recertPRO@bcsp.org OR recertPRO.com.