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The AJHA conceptual and
detailed design and the computer programming are the shared intellectual
property of Fluor Hanford Inc. (FH) and the United States Department of
Energy (DOE). As a part of the DOE
Voluntary Protection Program (VPP) mentoring commitment, Fluor Hanford
Inc. and DOE are making the Internet AJHAWEB software available through
AllWorkSafe Incorporated, an internet based service provider, at no
license cost to others including both government agencies and private
enterprise.
The
Automated Job Hazard Analysis (AJHA) Terms of Use Agreement (“Agreement”)
is a legal document that details your rights and obligations as an
Internet AJHAWEB software Internet
Based Service (IBS) subscriber. You cannot become an
Internet AJHAWEB software subscriber until you have accepted the terms of
the Agreement. The Agreement provides important information about
Internet AJHAWEB software services, terms of use, privacy, and your
responsibilities so you should take the time to read and understand it.
If you have questions about the Agreement, or about your rights and
responsibilities as an Internet AJHAWEB software subscriber, please
contact AllWorkSafe Incorporated point of contact by e-mail at Miles_Jaeger@AJHAWEB.net
It may be necessary
for AllWorkSafe Incorporated, the Internet AJHAWEB software provider, to
update or revise certain provisions of this Agreement. By subscribing to
AllWorkSafe Incorporated’s Internet AJHAWEB software's services and
accepting the Agreement you agree that AllWorkSafe Incorporated may
change the terms of this Agreement. If AllWorkSafe Incorporated makes
material changes or revisions to the Agreement, we will provide notice to
you thirty days in advance. If you don't agree to the changes proposed,
or to any of the terms in this Agreement, your only remedy is to cancel
your Internet AJHAWEB software subscription.
AllWorkSafe
Incorporated provides the internet software application service known as
the Automated Job Hazard Analysis hereafter referred to as AJHAWEB
software website. The AJHAWEB
software website is provided as a framework for the analysis of job
hazards, for which AllWorkSafe Incorporated charges a fee in accordance
with the Pricing Schedule. As a
subscriber, you and your company’s authorized users’ will use the AJHAWEB
software website to create hazard analysis and related records for use in
support of only your own company’s work.
The AJHAWEB software website is initially provided in it’s
basic configuration without any warranty as stated in section 5
herein. Your responsibility is to
review and approve the content of this initial configuration of the
AJHAWEB software with AllWorkSafe Incorporated. You agree to use and maintain any
hazard analysis results generated by you while using AJHAWEB software
website, with the understanding that you are entirely responsible for the
content configuration and any hazard analysis results
created by you.
1. THE BASICS OF YOUR INTERNET AJHAWEB SOFTWARE SUBSCRIPTION
This
Agreement with AllWorkSafe for the AJHAWEB software website and governs
your use of AJHAWEB software's subscription service. To access AJHAWEB
software services you must accept the terms of this Agreement and comply
with AllWorkSafe Incorporated’s AJHAWEB software Terms of Use guidelines.
Because we sometimes offer free trial offers, we reserve the right to
limit you to just one free trial.
When you
accept this Agreement and complete the AJHAWEB software website
registration process and AJHA Software and Copyright License Agreement,
you become the "main account" holder, and AllWorkSafe
Incorporated provides you with a limited, non-exclusive license for no
more than the term of your subscription to use the User ID and password
you select for your "main account. Your User ID is your online
identity. You may not use a User ID that is used by someone else, and
your User ID cannot be vulgar, or be used in any way that violates the
other parts of the Agreement.
As the
main account holder, you are responsible for all activity on your account
and violations or warnings accrued by the account users can lead to
termination of the main account. If warnings or violations are received
by users, the main account will also receive notification. You may also
receive important notices about your subscription from time to time that
may not be provided to the accounts users, so it is important for you to
regularly check the mailbox for the e-mail address with which your main
account was registered.
Because
you are responsible for all use of your account, you should supervise the
use of your account by others. It is important that you not reveal your
password to other users. You agree not to reveal your password to other
users and you agree to indemnify and hold Fluor Hanford Inc., DOE, and
AllWorkSafe Incorporated, the AJHAWEB software website provider, harmless
for any unauthorized or use in contradiction of this Agreement and the
Automated Job Hazard Analysis
Web Site
Contract. This includes illegal or improper use by someone to whom you
have given permission to use your account. Your account is at risk if you
let someone use it inappropriately. If your subscription is terminated
for violating this Agreement, AllWorkSafe Incorporated’s expressed
permission will be necessary before you are allowed to use AJHAWEB
software website again.
2. CHARGES, BILLING
AND FREE TRIALS
AllWorkSafe
Incorporated , the AJHAWEB software website
provider, reserves the right to change our fees or billing methods at any
time and AllWorkSafe Incorporated will provide notice of any such change
at least thirty days in advance in the same manner described above for
changes to the Agreement. AllWorkSafe Incorporated also has the right to
collect applicable taxes and impose premium surcharges for some areas of
the service and these surcharges may apply even during a free trial. The
answers to many common billing questions can be
found by contacting the AllWorkSafe Incorporated point of contact. If you don't like the changes in fees
or billing methods, you may cancel your subscription at any time, but any
remaining portion of the fee would be pro-rated.
There may
be separate charges to access certain AllWorkSafe Incorporated services.
AllWorkSafe Incorporated will provide notice of any extra charge before
you access such services. You are responsible for any charges for any
such services incurred using your account (including sub-accounts) and
these charges may apply even during a free trial.
Some web sites charge fees which are not included
in the cost of your AJHAWEB software website subscription. Any separate
charges or obligations you incur in your dealings with these web sites
are your responsibility and are not part of the fee charged for your
AJHAWEB software website subscription. Any telephone charges
incurred connecting to AJHAWEB software website are your responsibility.
A) Client
shall pay the Total Startup fees and first annual fee, plus any
additional elective Startup fee and additional annual fee due, with the
return of the signed Contract to initiate AJHAWEB Software Website.
.
B) Annual
Renewal Fees. Client shall be billed for renewal 60 days in advance of
the expiration date of the AJHA Web Site Contract with payment due 30
days in advance of expiration date, for the Total Annual fees and any
elective annual fees due.
C) Any
additional elective fees are due 30 days from date of Invoice.
D) A
late charge will be applied seven (7) days after the due date at a rate
of 18% APR. (Annual Percentage Rate)
Either party may
terminate the subscription by delivering written notice of termination to
the other party no later than 60 days before expiration of any 12-month
period. In the event of such
termination, the subscription shall terminate effective as of the end of
such 12-monthy period.
3. ONLINE CONDUCT AND
CONTENT
Content
By
content, we mean the text, software, communications, images, sounds and
other information accessible online. Content accessible via the AJHAWEB
software service is provided by AllWorkSafe Incorporated, our
subscribers, or third party Internet Web sites. In general, AJHAWEB
software website does not pre-screen content accessible via the AJHAWEB
software website service. AllWorkSafe Incorporated does not assume any
responsibility or liability for content that is provided by others.
AllWorkSafe Incorporated does reserve the right to remove content that,
in AllWorkSafe Incorporated’s judgment, does not meet its standards or
does not comply with AllWorkSafe Incorporated’s current Terms of Use
Guidelines, but AllWorkSafe Incorporated is not responsible for any
failure or delay in removing such material.
Keep in
mind that AllWorkSafe Incorporated, the AJHAWEB software website
provider, is not responsible for content available on the Internet,
although we reserve the right to block access to any Internet area
containing illegal or other harmful content or otherwise being used for
purposes that are unlawful or injurious to AJHAWEB software website or
its subscribers.
But it is
important to remember that there are rules and standards that you must
abide by as an AJHAWEB software website subscriber. These rules and
standards are described in this Agreement. You acknowledge that
AllWorkSafe Incorporated has the right to enforce them in its sole
discretion. This means that if you, or anyone using your account, violate
the AllWorkSafe Incorporated AJHAWEB software website Terms of Use
Agreement, AllWorkSafe Incorporated may take action against your account.
This can range from the issuance of a warning to the termination of your
account, or other legal actions as deemed appropriate.
You
understand AllWorkSafe Incorporated is not required to provide notice
prior to terminating your account for violating these rules and
standards, but it may choose to do so. Because of the changing nature of
the Internet and Online Services, the Agreement may change at any time.
You can always find the most current version of the Agreement here.
Proprietary
Rights
You acknowledge that
all content included herein (including but not limited to , all text,
images, photographs, illustrations, multimedia (graphic, audio and
video), charts, reports, data, software HTML code and screens contained
therein) is owned by or licensed to FH, DOE, and AllWorkSafe Incorporated and is
subject to protection by U.S. and international intellectual property
laws, including but not limited to any patent rights, copyrights, trade
secrets, trade names, trademarks, services marks, moral rights, know-how
and any other similar rights or intangible assets recognized under the
laws or international conventions in any country or jurisdiction in the
world as intellectual creations to which rights of ownership accrue.
AllWorkSafe Incorporated reserves the right to copy, relocate, back-up
and remove content and information from the Website in its sole
discretion.
Except as expressly
provided in this Agreement and the AJHA Software and Copyright License
Agreement, or as otherwise authorized in advance in writing by
AllWorkSafe Incorporated, you may not download, copy, store, manipulate,
reformat, print, display, publish, distribute, create a derivative works
from, resell or make any other use of, any information contained on the
AJHAWEB software website.
Violations
of these property rights can lead to the termination of your AJHAWEB
software account and may even subject you to further legal action beyond
the termination of your subscription.
4. AJHA SOFTWARE AND COPYRIGHT LICENSES
The AJHA
Software and Copyright License Agreement is a separate document, and will
be signed by both parties and kept on file with FH and AllWorkSafe Incorporated, the
Internet AJHAWEB software website provider.
AllWorkSafe
Incorporated provides you through the AJHA Software and Copyright License
Agreement with a limited license to use our AJHAWEB software, which you
agree to use in accordance with these rules. You may not sub-license, or
charge others to use or access, our software without first obtaining
written permission from AllWorkSafe Incorporated. We will periodically
provide automatic upgrades to improve your online experience, and may
employ virus-screening technology to assist in the protection of our
network and our subscribers.
This
license is subject to the restriction that, except where expressly
permitted by law, you may not translate,
reverse-engineer or reverse-compile or decompile, disassemble or make
derivative works from AJHAWEB software. You may not modify AJHAWEB
software or use it in any way not expressly authorized by this Agreement.
You understand that AJHAWEB software's introduction of various
technologies may not be consistent across all platforms and that the
performance and some features offered by AJHAWEB software may vary
depending on your computer and other equipment.
Under this
license AllWorkSafe Incorporated grants the Recipient a nontransferable,
non-exclusive license to use the AJHAWEB software for the Recipient’s own
purpose of safeguarding its employees, contractors, and entrants. This
grant is not a license to use for commercial purposes (e.g., consulting
services offered to third parties).
5. DISCLAIMER OF
WARRANTIES
THE WEBSITE IS
PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT FH, DOE, AND ALLWORKSAFE INCORPORATED MAKE NO REPRESENTATION,
WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE AJHAWEB
SOFTWARE WEBSITE OR ANY CONTENT. FH, DOE, AND ALLWORKSAFE INCORPORATED
DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, DIRECTLY
OR INDIRECTLY, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS, WITH RESPECT TO THE INERNET AJHAWEB SOFTWARE WEBSITE OR ANY
CONTENT HEREIN. ____________________
(Initials)
Limitation of Liability
IN NO EVENT, SHALL
FH, DOE, ALLWORKSAFE INCORPORATED OR ANY OF THEIR OFFICERS, DIRECTORS,
ADVISORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS BE
LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR
LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN
CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF FH HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) ARISING OUT OF (A) YOUR
USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE
CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR
OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE AJHAWEB SOFTWARE
WEBSITE, (B) YOUR INABILITY TO USE THE WEBSITE FOR WHATEVER
REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY
OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED
ON OR THOUGH THE WEBSITE, (C) THE DELETION, CORRECTION,
DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, OR (D) ANY
OTHER MATTER RELATING TO THE AJHAWEB SOFTWARE WEBSITE.
_______________
(Initials)
BECAUSE SOME
JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DMAGES, IN SUCH JURISDICTIONS FH’S AGGREGATE LIABILITY WILL BE LIMITED TO
THE EXTENT PERMITTED BY THE LAWS OF THAT JURISDICTION.
WITHOUT LIMITING THE
FOREGOING, YOU AGREE THAT IF YOU USE THIRD-PARTY INFORMATION, SERVICES OR
PRODUCTS OFFERED ON A WEBSITE LINKED TO OR THAT IS OTHERWISE REFERRED TO
ON OR THROUGH THIS WEBSITE, SUCH PARTY IS SOLELY RESPONSIBLE FOR SUCH
INFORMATION, SERVICES OR PRODUCTS, AND YOU HEREBY RELEASE FH, AND ANY OF
THEIR OFFICERS, DIRECTORS, ADVISORS, MEMBERS, EMPLOYEES, AGENTS,
REPRESENTATIVES AND LICENSORS, FROM ANY CLAIMS, DEMANDS AND DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH INFORMATION, SERVICES OR
PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND SUCH PARTY AND ANY DISPUTES
BETWEEN YOU AND SUCH PARTY.
6. INDEMNIFICATION
You agree to indemnify and
hold harmless AllWorkSafe, Flour Hanford, Inc, the Department
of Energy, their agents, employees, officers and directors from
and against all claims, damages, losses and expenses of property
damage, bodily injury, sickness, disease or death, or to injury to
or destruction of tangible or property, business losses,
including expenses and loss of profits arising out of use of the
AJHAWEB software and internet-based application by you, your agents
employees, officers and others using the software using your access
codes, whether authorized to do so or not.
7. TERMINATION AND
CANCELLATION
Either you
or AllWorkSafe Incorporated may terminate or cancel your subscription at
any time. You understand and agree that the cancellation of your account
is your sole right and remedy with respect to any dispute with
AllWorkSafe Incorporated. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Agreement or
AllWorkSafe Incorporated's enforcement or application of this Agreement;
(2) any policy or practice of AllWorkSafe Incorporated , including
AJHAWEB software's Terms of Use Guidelines , or AllWorkSafe
Incorporated‘s enforcement or application of these policies; (3) the
content available through AJHAWEB software website or the Internet or any
change in content provided through AJHAWEB software website; (4) your
ability to access and/or use AJHAWEB software website; or (5) the amount
or type of fees, surcharges, applicable taxes, billing methods, or any change
to the fees, applicable taxes, surcharges or billing methods.
You can
cancel your subscription by delivering notice to AllWorkSafe
Incorporated's point of contact through Miles_Jaeger@AJHAWEB..net.
Cancellation will take effect within 72 hours of receipt of your request,
and AllWorkSafe Incorporated will send you written confirmation to your
registered e-mail address. If you cancel near the end of your billing
period and are inadvertently charged for the next period’s fee contact
AllWorkSafe Incorporated’s Point of contact at Miles_Jaeger@AJHAWEB..net to
have the charges reversed. AllWorkSafe Incorporated reserves the right to
collect fees, surcharges or costs incurred before you cancel your AJHAWEB
software website subscription. In addition, you are responsible for any
charges incurred to third-party vendors or content providers prior to
your cancellation.
In the event that your
account is terminated or canceled, no refund, including any subscription
fees, will be granted. Active AJHAWEB software website subscribers may
not allow former subscribers or other agents whose subscriptions have
been terminated to use their accounts.
8. LAW AND LEGAL NOTICES
The
Agreement represents your agreement with AllWorkSafe Incorporated. You
agree that this Agreement is not intended to confer and does not confer
any rights or remedies upon any person other than the parties to this
Agreement. You also understand and agree that this Agreement
, including AllWorkSafe Incorporated's enforcement of these
policies, are not intended to confer, and do not confer, any rights or
remedies upon any person. If any part of this Agreement is held invalid
or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect.
The laws
of the State of Washington govern this Agreement and your
subscription. As noted above, subscriber conduct may be subject to other
local, state, national, and international laws. You expressly agree that
exclusive jurisdiction for any claim or dispute with AllWorkSafe
Incorporated, the AJHAWEB software website provider or relating in any
way to your subscription or your use of AJHAWEB software website resides
in the courts of Washington and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of Washington in
connection with any such dispute including any claim involving Fluor
Hanford Inc., Department of Energy (DOE),
AllWorkSafe Incorporated, the AJHAWEB software website provider,
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers. You agree to abide by U.S. and other applicable export
control laws and not to transfer, by electronic transmission or
otherwise, any content or software subject to restrictions under such
laws to a national destination prohibited under such laws, without first
obtaining, and then complying with, any requisite government
authorization.
You
further agree not to upload to AJHAWEB software website any data or
software that cannot be exported without prior written government
authorization, including, but not limited to, certain types of encryption
software. This assurance and commitment shall survive termination of this
agreement. Control laws currently prohibit the export of any browser with
128-bit encryption, including Internet Explorer, available through
AJHAWEB software website. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain
content on AllWorkSafe Incorporated’s AJHAWEB software website.
Miscellaneous
This Agreement,
including the Privacy Policy and Acceptable Use Policy and
all other policies of AllWorkSafe Incorporated by reference herein, may
be amended from time to time by AllWorkSafe Incorporated including, but not
limited to, by posting such amendments on the AJHAWEB software website,
constitute the complete and exclusive agreement between AllWorkSafe
Incorporated and you with respect to the subject matter hereof and
supersede all prior discussions, understandings and agreements with
respect to the subject matter hereof. If any provision of this Agreement
shall be held invalid in any respect by any court or governmental agency
of competent jurisdiction and all appeals have been exhausted, then that
provision shall be deemed severable from these Terms and Conditions of
Use and shall not affect the validity and enforceability of any remaining
provisions. AllWorkSafe Incorporated’s failure or delay to enforce the
strict performance of any provision of this Agreement will not constitute
a waiver of AllWorkSafe Incorporated’s right to subsequently enforce such
provision or to exercise any other right, power or remedy. No waiver of
any provision of this Agreement shall be effective unless in writing. You
agree that all agreements, notices, disclosures and other communications
between you and AllWorkSafe Incorporated that are electronic in form
satisfy any legal requirement that such communications be in writing.
9. ACCEPTABLE USE
POLICY
You are
responsible for compliance with the Acceptable Use Policy (UAP) by your agents employees, officers and others
using the software using your access codes, whether authorized to do so
or not. The UAP sets forth certain permitted and prohibited uses of
the AJHAWEB software and internet-based application.
AllWorkSafe
Incorporated reserves the right to determine, in its sole discretion,
whether a use of the AJHAWEB software website is in violation of the AUP.
AllWorkSafe Incorporated reserves the right to monitor the AJHAWEB
software website, and when AllWorkSafe Incorporated’s becomes aware of an
actual or attempted violation of the AUP, to take such action as it deems
appropriate to address the violation.
AllWorkSafe
Incorporated, FH or DOE shall not be responsible for any loss or damage
arising out of your failure to comply with the AUP.
10. PROHIBITED
USES
The following are
examples of types of uses of the AJHA Software Website that are
prohibited under the AUP:
Illegal/Criminal Activity
You may not use the
AJHAWEB software website to commit, or in connection with, criminal or
civil violations of federal, state, local or international laws,
regulations or other government requirements. Such violations include,
but are not limited to, theft or infringement of patents, copyrights,
trademarks, trade secrets or other types of intellectual property; fraud;
forgery; theft or misappropriation of funds or information; violation of
export control laws or regulations; encouraging conduct that would
constitute a criminal offense or give rise to civil liability; and
assisting or permitting any third parties engaged in or attempting to
engage in any of the activities described above.
AllWorkSafe
Incorporated reserves the right to report any activity that may violate
any law or regulation to appropriate law enforcement officials,
regulators or other third parties. In order to cooperate with
governmental requests with respect to possible violations of laws or
regulations, AllWorkSafe Incorporated may access and disclose to law
enforcement officials, regulators or other third parties, any information
AllWorkSafe Incorporated considers necessary or appropriate.
Security Violations
You are prohibited
from violating, or attempting to violate, the security of the AJHAWEB
software website. Any such violations may result in criminal and civil
liabilities to you. Examples of prohibited security violations include,
but are not limited to, logging into a server or account that you are not
authorized to access; accessing data or taking any action to obtain
services not intended for you or your use; attempting to probe, scan or
test the vulnerability of any system, subsystem or network; tampering,
hacking, modifying or otherwise corrupting or breaching security or
authentication measures without proper authorization; transmitting
material that contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines with the
intent or effect of damaging, destroying, disrupting or otherwise
impairing a computer’s functionality or the operation of the system;
interfering with, intercepting or expropriating any system, data or
information; or interfering with service to any user, host or network
including, but not limited to, by means of overloading,
"flooding," "mailbombing" or "crashing" any
computer system.
Offensive Materials
The AJHAWEB software
website may not be used for the distribution of offensive materials,
including, but not limited to, materials that are libelous, defamatory,
obscene, pornographic, indecent, vulgar or hateful, materials that
violate the privacy, publicity or other personal rights of others, or
materials that impair the privacy of communications.
Spam
Spam is an
unacceptable use of the AJHAWEB software website. Spam includes, but is
not limited to, any of the following activities: sending any unsolicited
email that could be expected, in AllWorkSafe Incorporated’s discretion,
to provoke complaints; sending unsolicited email without identifying in
the email a clear and easy means to be excluded from receiving additional
email from the originator of the email; or sending email that does not
accurately identify the sender, the sender’s return address and the email
address of origin.
Other Prohibited Conduct
You may not (a)
use any device, software or routine to interfere or attempt to interfere
with the proper working of the AJHAWEB software website, or take any
action that imposes an unreasonable or disproportionately large load on
our infrastructure; (b) copy, reproduce, republish, upload, post,
transmit, or distribute in any way material from the website AJHAWEB
software website in any manner inconsistent with the purposes for which
we offer the material; (c) without our express written permission,
copy, modify, or display our name or logo, or any text, graphic images,
or other content from the website; (d) redeliver any of the pages,
text, images, or other content of the website using "framing,"
redirection or similar technology without our express written permission;
(e) use devices (including software) that are designed to provide
repeated automated access to the website other than those made generally
available by AllWorkSafe Incorporated; (f) include AllWorkSafe
Incorporated’s or any other
trademark, trade name or service mark of ours, the name of any of our advisors,
members, affiliates or personnel, or any variation of any of the
foregoing, as a metatag, or hidden textual element; (g) include
AllWorkSafe Incorporated or any other trademark, trade name or service
mark of ours, the name of any of our advisors, members, affiliates or
personnel, or any variation of any of the foregoing, as any other
indicator that may create a likelihood of confusion or a false or
misleading impression of affiliation, sponsorship, or endorsement between
us and any user and/or site; (h) collect or store personal data
about other users of the website; (i) upload, post, reproduce or
distribute any information, software or other material protected by
copyright or any other intellectual property right (as well as rights of
publicity and privacy) without first obtaining the permission of the
owner of such rights; (j) archive the Internet AJHAWEB software
website; and (k) create a link to the Internet AJHAWEB software
website unless our express written permission is received and any such link
satisfies all of the following requirements: (i) indicates clearly
that the link will lead to the AJHAWEB software website of AllWorkSafe
Incorporated; (ii) does not falsely or misleadingly represent or
suggest any relationship between the linking site and AllWorkSafe
Incorporated (including suggestions of affiliation, endorsement, or
sponsorship); (iii) does not link to the AJHAWEB software website
in a manner that results in the dilution or disparagement of our
intellectual property; (iv) delivers content of the website
AJHAWEB software website in a frame environment; (v) maintains the
integrity of the layout, content, and look and feel of the AJHAWEB
software website; and (vi) delivers users to the AJHAWEB software
website, unaltered, unmodified, unadulterated in any way by the linking
site.
Consequences
Violations of the AUP
may result in a demand by AllWorkSafe Incorporated for immediate removal
of the offending material, immediate, temporary or permanent filtering,
blocked access, suspension or termination of use of the AJHAWEB software
website, or other action appropriate to the violation, as determined by
AllWorkSafe Incorporated in its sole discretion. When feasible and
lawful, it is AllWorkSafe Incorporated preference to give notice so that
violations may be addressed voluntarily; however, AllWorkSafe
Incorporated reserves the right to act without notice as AllWorkSafe
Incorporated may determine in its sole discretion. AllWorkSafe
Incorporated will cooperate with law enforcement agencies if unlawful
activity is suspected. Violators of the AUP may also be subject to civil
or criminal liability under applicable law.
AllWorkSafe
Incorporated in its sole discretion, may
terminate your access to the AJHAWEB software website, or any portion
thereof, without notice for any reason, including, but not limited to, if
AllWorkSafe Incorporated believes that you have breached the AUP.
AllWorkSafe Incorporated reserves the right to terminate your access to
AJHAWEB software website upon notice if you violate the policies of the
AJHAWEB software website’s Internet service provider.
INCIDENT REPORTING
Any complaints
regarding violations of the AUP by a user should be directed to
AllWorkSafe Incorporated’s point of contact at Miles_Jaeger@AJHAWEB.net .
Where possible, all complaints should include details that would assist
AllWorkSafe Incorporated in investigating and resolving the complaint
(e.g., expanded headers and a copy of the offending transmission).
11. PRIVACY POLICY
At AllWorkSafe
Incorporated, your privacy is important to us. We maintain physical,
electronic and procedural safeguards to store and secure information
about you from unauthorized access, alteration and destruction. We
collect information from you only to create content and functionality that best serve
your needs and interests, to improve the quality of the service we
provide for you, and to meet legal and regulatory requirements. We never
rent or sell your name or other personally identifiable information. We
will not share information with people or entities that are not
affiliates ("nonaffiliated third parties") except as described
below.
Policy Introduction
This Privacy Policy
("Policy") describes AllWorkSafe Incorporated’s collection and
use of data from visitors or users who access data, communications or
software applications on or through this AJHAWEB software website. As a
user or visitor of this AJHAWEB software website, you are referred to
herein as "you" or "user".
This Policy may change
over time. AllWorkSafe Incorporated shall provide notice of changes to
the Policy on this Website. Such changes shall become effective on the
tenth calendar day after their initial posting on this Website. If you
want to opt out of any new disclosures we propose to make, you must
notify us before the effective date of the change. Use or visitation of
this AJHAWEB software website following any such ten-day period signifies
your consent to such additional changes. Therefore, AllWorkSafe
Incorporated recommends that you review this Policy regularly to ensure
that you are familiar with the Policy.
If at any time
you have questions regarding this Policy, you may contact a
representative at Miles_Jaeger@AJHAWEB.net
Collection of Personal Information
AllWorkSafe
Incorporated understands the importance of maintaining the
confidentiality, integrity and security of its users’ non-public,
personally identifiable information ("Personal Information").
In order for AllWorkSafe Incorporated to provide and improve our
services, AllWorkSafe Incorporated collects and maintains Personal
Information about users. AllWorkSafe Incorporated collects Personal
Information in circumstances when you knowingly provide Personal Information
and through invisible means, as part of the Automatically Collected
Information described below. The AJHAWEB software website will indicate
when the provision of any Personal Information is optional.
In the normal course
of serving our users, AllWorkSafe Incorporated may disclose Personal
Information of the type listed below to AllWorkSafe Incorporated’s
affiliates and agents for purposes related to the services and
information provided by AllWorkSafe Incorporated. AllWorkSafe
Incorporated may collect and store the following information:
·
Personal
Information from emails that have been sent by users to AllWorkSafe
Incorporated, including email address, email subject, or other
information provided by the user;
·
Personal
Information collected from users’ registration forms, including name, physical address, email
address, etc.;
·
Personal
Information collected when a user applies for a position with AllWorkSafe
Incorporated or programs sponsored by AllWorkSafe Incorporated.;
·
Automatically
Collected Information (as described below).
Automatically Collected Information
When users interact
on and with this AJHAWEB software website, AllWorkSafe Incorporated
automatically collects and stores some Personal Information. AllWorkSafe
Incorporated logs Internet Protocol ("IP") addresses, browser
types, operating systems, operating platforms and URL click stream data;
such information may include the date and time of usage, pages viewed or
searched, and any other usage patterns (collectively, "Automatically
Collected Information").
AllWorkSafe
Incorporated does not place cookies on your computer except "session
cookies". Session cookies are small pieces of information
transferred from AllWorkSafe Incorporated and temporarily stored on your
computer’s hard drive. Session cookies allow us to administer your
session on the AJHAWEB software website. The session cookie automatically
terminates when your session ends. Your privacy and security are not
compromised when you accept a session cookie from AllWorkSafe Incorporated
because we do not use cookies to collect Personal Information. If a
visitor rejects cookies, the visitor may be limited in some areas of the
site. Consult the Help section of your browser software to choose the
appropriate setting to accept or reject cookies.
Use of Personal Information
Except as otherwise
provided herein, AllWorkSafe Incorporated will not disclose any Personal
Information. We may disclose some or all of your Personal Information to
our affiliates. We do this in order to enhance the services that you
receive. Unless otherwise explained to you, these affiliates do not have
any right to use your information that we provide to them beyond what is
necessary to assist us.
We use Personal
Information to provide services for you. Your Personal Information lets
us know how to contact you so that we may answer your questions or
respond to your requests. In addition, when a user applies for a position with
AllWorkSafe Incorporated or for a program sponsored by AllWorkSafe
Incorporated, we will use any related Personal Information provided by
the user only for the purpose of processing and evaluating the
application.
We may also disclose
some or all of your information to nonaffiliated third parties such as
our legal or other advisors or external service providers who help us
maintain and improve our services. These parties are subject to their own
security and privacy policies and procedures. We may also disclose
information to government authorities when required or permitted by law
or regulation. We may disclose information as necessary to comply with a
subpoena or court order, or to protect our rights or the rights of
another person for any reason permitted by law or regulation. If it is
lawful to do so, AllWorkSafe Incorporated will make reasonable efforts to
notify you of any request for disclosure of your information as soon as
reasonably practicable following receipt of such a request.
We recognize that
your information is very sensitive, and protecting the privacy of this
information is a top priority for us. Your information is not shared by
AllWorkSafe Incorporated with any non-affiliated parties, unless such
disclosure is necessary for one of the reasons stated in the preceding
paragraph. However, AllWorkSafe Incorporated reserves the right to
transfer Personal Information to a third party in the event of a sale of
stock, merger or consolidation or other transfer of all or substantially
all of the assets of AllWorkSafe Incorporated, whether voluntarily or by
operation of law, to such third party, provided that such third party
agrees to protect the confidentiality of your Personal Information
consistent with this Policy.
Protecting the Confidentiality and Security of
Personal Information
This website takes
reasonable precaution to protect visitors’ Personal Information obtained
on or through this AJHAWEB software website. Please note, however, that
no transmission over the Internet can be 100% secure.
AllWorkSafe Incorporated maintains the following controls to
protect the security of information you provide us:
·
Use of secure connections use SSL to safeguard
information when transmitted from the Web browser to AJHAWEB software
website
·
Security controls to restrict access to
databases housing personally identifying information
·
Restricting employees with access to databases
containing personal information and confidentiality requirements for
employees
·
Binding subcontractors by contractual
technical and organizational measures to protect your personal
information
12. Links to From Third Party Sites
AllWorkSafe
Incorporated’s Website contains links to other sites. Such links are
provided solely for your convenience. This Policy applies solely to
information collected by or through the AllWorkSafe Incorporated AJHAWEB
software website. AllWorkSafe Incorporated is not responsible for the
content, privacy and security practices of other sites. In addition,
please note that AllWorkSafe Incorporated does not take responsibility
for the privacy practices of other websites that link to the AllWorkSafe
Incorporated AJHAWEB software website. You should consult the privacy
policies of each linked website to determine whether such website’s
privacy policy is acceptable to you.
Use of the AJHAWEB software website
constitutes acceptance of this Agreement, which incorporate the AJHAWEB
software website’s Privacy Policy and Acceptable Use Policy.
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