• "www.dupontsafetytools.com" Terms of Use
• Terms and Conditions Applicable To Safety Seminars, Training and Consulting Services
• Materials (software, manuals, etc.) License Agreement

1. WELCOME TO DUPONTSAFETYTOOLS.COM. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT DUPONT SAFETY RESOURCES ON 800-532-SAFE OR BY E-MAIL AT info@dupontsafetytools.com.

2. By entering this site you acknowledge and agree that this site is intended for viewing within the United States only and will only be construed and evaluated according to United States law. If you use this site from other locations you are responsible for compliance with any and all applicable local laws.

3. DuPont holds all right title, and interest to everything on this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without DuPont’s express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark or other proprietary notices. This limited right to copy terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the site or any materials and you agree not to "frame" or "mirror" the site, any material contained on or accessible form this site on any other server or Internet-based device with the advance written authorization of DuPont. Modification or use of the material on this site for any other purpose violates DuPont’s legal rights.

4. By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images,video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

5. Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that DuPont or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, postings, discussions, or chats, DuPont and all parties involved in creating, producing, or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, or misrepresentation.

6. You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to DuPont may be used by DuPont anywhere, anytime, and for any reason whatsoever.

7. By entering this site you acknowledge and agree that any name, logo, trademark, or service mark (registered or unregistered) contained on this site is owned or licensed by DuPont and may not be used by you without prior written approval. DuPont will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, information, or images of places or people are either property of DuPont or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

8. Although this site may be linked to other sites, DuPont is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that DuPont has not reviewed all the sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

9. DuPont reserves the right to revise this Legal Guidelines at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.

10. Although the specifications, features, illustrations, equipment and other information contained in the site are based on up-to-date information, and while DuPont makes all reasonable efforts to insure that all material on this site is correct, accuracy cannot be guaranteed and DuPont makes no warranties or representations as to its accuracy. THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. DU PONT, FOR ITSELF AND EACH OF ITS BUSINESS PARTNERS, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. DUPONT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF DUPONT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. The law of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction will govern any action related to these Terms. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or related to these Terms and/or your use of the site.

Warranty and Indemnification DuPont* warrants that Services shall be delivered by individuals who are experienced safety/operations professionals, that DuPont shall comply with all applicable laws while providing Services, and that the information provided to Client is free from the intellectual property rights of third parties. THESE WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARISING FROM OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR LIABILITIES COVERED BY THE INDEMNIFICATION PROVISIONS OF THIS PARAGRAPH, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO DUPONT'S PERFORMANCE OF SERVICES. DuPont shall indemnify, defend and hold Client harmless from and against (a) all liabilities, damages, losses, fines, or penalties (hereinafter collectively "Costs") that arise directly and solely from DuPont's negligent performance of Services hereunder or DuPont's willful misconduct, (b) all claims by employees, agents or consultants of DuPont who may be injured during the course of performing Services for Client, and (c) all claims that the Services developed or supplied by DuPont hereunder infringe a valid patent, trademark, or copyright of any third party. DuPont shall not be required to indemnify Client or otherwise be responsible for Costs that arise from Client's operation of its business, and as to those Costs, including claims alleged to arise from DuPont's negligence, Client shall indemnify, defend and hold DuPont harmless.

Client Facilities While on Client's premises, all DuPont employees, agents and consultants shall comply with Client's safety and similar conduct rules, policies and procedures.

Other

a) DuPont shall at all times be an independent contractor responsible for the compensation and supervision of all of its employees, agents and consultants.
b) No liability shall result from delay in performance or nonperformance caused by circumstances beyond the reasonable control of the party affected.
c) This Agreement shall be governed by and construed in accordance with the laws of the State or Province where Client is incorporated, without giving effect to principles of conflict of law.
d) If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration or litigation. If the parties do not resolve the dispute within sixty (60) days from the date of referral or such earlier date for the termination of any mediation process, such disputes shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such mediation and arbitration shall be conducted in the city wherein the American Arbitration Association has an office that is closest to Client's principle place of business.
e) These Terms and Conditions, together with the terms of DuPont's Safety Services Agreement, constitutes the entire agreement between the parties relating to Client's purchase of Services. No modification of such Agreement shall be of any force or effect unless it is in writing and signed by the party claimed to be bound thereby, and no modification shall be effected by the acknowledgement or acceptance of purchase order forms containing different conditions.

WARNING: These safety training materials ("Materials") are protected by copyright law and international treaties. Unauthorized reproduction or distribution of these Materials or any part thereof may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

Materials License Agreement
Attention: Use of the Materials that you have purchased from DuPont* is subject to the license terms set forth below. Opening this package or use of Materials indicates your acceptance of these terms. If you do not accept these terms, return the Materials for a full refund now. Your right to return and refund expires ten days after purchase from DuPont or any reseller of Materials. The right to return and refund does not extend to your transferee.

Materials License Terms
The following terms govern your use of the enclosed Materials unless you have a separate written agreement with DuPont.

License Grant
DuPont grants you a license to you to use Materials for providing workplace safety training. "You" means the company, entity or individual whose funds are use to pay the license fee. "Use" means making Materials available for training purposes to you and other employees of your company or other business entity. You may not reproduce or make copies of Materials, modify the Materials, or use Materials in the process of providing safety training to, or generating revenue from, third parties. You may not rent, lease, license, transfer or disclose the Materials to any third party except with the prior written consent of DuPont, and your license shall terminate immediately upon any such attempted transfer.

Ownership
Materials are owned and copyrighted by DuPont or its third party suppliers. Your license confers no title or ownership in Materials and should not be construed as a sale of any right in the Materials.

Warranty and Note To Readers
DuPont warrants that Materials and the use of the contents set forth therein are free from the intellectual property rights of third parties. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARISING FROM OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR VIOLATION OF THIS WARRANTY, IN NO EVENT SHALL DUPONT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SALE OR ANY USE OF MATERIALS WHETHER OR NOT CAUSED BY OR RESULTING FROM ANY ERROR, BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL ACT OR OMISSION.

The authors, reviewers, editors and DuPont have made extensive efforts to ensure that the technology, management systems, and other information contained herein are accurate and conform to best practices known to them at the time of publication. However, new approaches to managing safety, reasonable differences in opinions among experts, unique aspects of individual situations, and different laws and cultures require that the reader exercise independent judgment when making decisions affecting the safety of any facility, practice or process. The reader should consider the applicability of the ideas and opinions offered to each situation based on the reader's knowledge of the employee culture, physical premises, practice, or process in question. Suggestions for improvements will be warmly welcomed and carefully considered.

Other
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to principles of conflict of law. The United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement. This Agreement constitutes the entire agreement between the parties relating to the purchase or use of Materials. No modification of such Agreement shall be of any force or effect unless it is in writing and signed by DuPont, and no modification shall be effected by the acknowledgement or acceptance of purchase order forms containing different conditions.

* E.I. du Pont de Nemours and Company