ONLINE TRAINING SITE TERMS AND CONDITIONS

Limitation of Liability

Learning Management System Platform and Access

Mid Atlantic Safety Council (hereafter MASC) services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through www.ma-sc.org and www.masconlinetraining.org platforms are provided by MASC on an "as is" and "as available" basis, unless otherwise specified in writing.

MASC makes no representations or warranties of any kind, express or implied, as to the operation of MASC platforms, services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the MASC platform(s), unless otherwise specified in writing. By accessing any platform data, you expressly agree that your use of the MASC platforms, services, content and any other hosted material is at YOUR SOLE RISK.

BSafe General Safety Orientation

The MASC General Safety Orientation content, organizational structure and instructional design are the intellectual property of Mid Atlantic Safety Council, a 501 c 3 not for profit organization focused on safety educational services. BSafe is an awareness level general safety orientation for construction and general industry.

Neither MASC (the Authors), nor those individuals or companies that have provided assistance in preparation of MASC content, assume any liability for the accuracy or completeness of the material presented, nor are they liable for any direct or consequential loss or damage of any nature whatsoever arising from or in connection with the use of the information contained therein.

Neither MASC nor any person associated with MASC, including but not limited to its board of directors, executive staff, administrators, instructors or any other MASC employee or contract worker makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the BSafe general safety orientation. Neither MASC nor anyone associated with MASC represents or warrants that MASC access platform(s), orientation content, or any services or items obtained through the platform will be accurate, reliable, error-free or uninterrupted.

To the fullest extent provided by law, in no event will MASC, its affiliates or 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 MASC LMS platform, the MASC student records database or any content on the MASC platform(s) 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 negligence, breach of contract or otherwise, even if foreseeable.

To the full extent permissible by law, MASC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MASC does not warrant that the MASC services, information, content, materials, products (including software) or other services included on or otherwise made available to you through MASC, MASC servers or electronic communications sent from MASC are free of viruses or other harmful components. To the full extent permissible by law, MASC will NOT be liable for any damages of any kind arising from the use of any MASC service or product or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through MASC, including, but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

Site-Specific Orientations/Courses and 3rd Party Content

MASC is not responsible for the content, delivery and/or use of any site-specific orientation or course that can be accessed from MASC platform(s). MASC does not assume any liability for the accuracy or completeness of any site-specific or 3rd party orientation or program accessed via MASC platform(s), nor is MASC liable for any direct, indirect or consequential loss or damage of any nature whatsoever arising from or in connection with the use of the information contained in site-specific or 3rd party orientations and educational materials.

Neither MASC nor any person associated with MASC, including but not limited to its board of directors, executive staff, administrators, instructors or any other MASC employee or contract worker makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of any site-specific or 3rd party safety orientation or course accessed through MASC.

User Terms and Conditions

A user should read the terms and conditions carefully before browsing or accessing MASC services or content via MASC platforms. By browsing, accessing or using any part of a course or MASC LMS platform, including registration by a user to open an account ("User Account"), registration for a course or courses, or accessing content by using the platform, User agrees to be bound by these terms and conditions. If a user disagrees with or cannot follow these terms and conditions, in part of in whole, then such user should not browse or access the platform, use any services or register to create a user account. Access or use of MASC services and products must be authorized by MASC and your employer.

Your use of MASC services, accessing content on the MASC LMS and accessing your educational records via the MASC platform(s) are subject to compliance with the following Terms and Conditions.

MASC orientations, courses, and all copyrights, trademarks, trade dress and other intellectual property rights are the property of MASC, and are protected by USA and International trademark, copyright and other intellectual property laws. No license, right, title or interest in MASC or MASC materials is transferred to you as a result of your use of MASC services and/or materials.

Users are authorized to access the materials provided that all copyright, trademark or other proprietary designations contained on all materials are retained, and that you do not modify or alter materials in any way; and do not provide or make available the materials to any 3rd party for any reason.

Using the MASC platform(s) to access anything other than MASC-administered courses, interfering with the functioning of the service, using automated scripts to collect information, impersonating a user of MASC-administered courses, using another person's account, and/or assisting people as they access courses and content and/or take associated quizzes, is strictly prohibited.

Making copies in any form of content accessed from MASC platforms, including but not limited to video recording, audio recording, photographing, copying or transcribing, is strictly prohibited.

Users are not allowed to make any copies, modify, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by MASC services and materials.

You may not assign, sell, distribute, lease, rent, sublicense or transfer any MASC intellectual property. MASC may terminate your use of MASC services and/or products or suspend your access at any time. MASC shall have no liability or responsibility to you, and MASC will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

U.S. Government Restricted Rights

The products and services described herein are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c) (1 ) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/Manufacturer is Mid Atlantic Safety Council, 3904 Oleander Drive , Suite 201, Wilmington, NC 28403. This agreement is governed by the laws of the state of North Carolina.