Terms and Conditions
HASP Online, LLC (HASP Online), shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms & Conditions without notice or liability to you; however, if you are a purchaser of LOTOBuilder.com services, we will notify you of any such changes via email. Any changes to these Terms & Conditions shall be effective immediately following the posting of such changes on this website. The most recent version of these Terms & Conditions may always be found at http://www.LOTOBuilder.com/terms. You agree to review these Terms & Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms & Conditions shall constitute your acceptance of all such changes.
Specific purchaser licensing terms and conditions drawn up in an agreement between you, the purchaser, and HASP Online will have precedence over these Terms & Conditions.
LOTOBuilder.com is intended as an online resource for professionals, deemed by the user to be qualified based on current industry standards, to create job safety analyses by inputting and/or selecting content consisting of 1) data supplied by the user and 2) standard user reviewed and selected content provided on the LOTOBuilder.com website. This website is not intended to constitute health and safety advice or substitute for obtaining professional health and safety advice.
Health and Safety related topics found on any LOTOBuilder.com webpage should not be substituted for professional project-specific advice. As with any new or ongoing task, always consult an appropriate professional before beginning any project, job or task in which the LOTOBuilder.com service is used. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on or linked with the site, and to consult with an appropriate professional as to whether the information complies with the needs of the project, job or task. HASP Online assumes no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information, services, or material on or linked to this site.
Since Health and Safety developments occur daily, this site may contain outdated material. While HASP Online makes every reasonable effort to present current and accurate information, no guarantee of any kind is made. HASP Online is not liable for any damage or loss related to the accuracy, completeness or timeliness of any information contained on this site.
Any links to external Web sites and/or non-HASP Online information provided on LOTOBuilder.com pages or returned from LOTOBuilder.com web search engines are provided as a courtesy. They should not be construed as an endorsement by HASP Online of the content or views of the linked materials.
THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICE PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY HASP ONLINE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
By signing up with us, you agree to receive email communications specific to your account. You also agree to receive other communications from us, which may include but not be limited to, service and promotional information, payment and subscription notices, feedback requests, and newsletters. We will offer an opt-out feature for communications not specific to your account.
USER CONDUCT AND OBLIGATIONS
You agree to follow all applicable laws and regulations when using this website. By uploading material to LOTOBuilder.com, you warrant that you own the rights to such material or that you have obtained the signed, written permission of the owners of all rights in such material. You shall retain ownership of the copyrights in any original material that you upload to this site (to the extent such material may be entitled to copyright protection). Furthermore, you agree that you shall not upload, post or otherwise transmit through or to this website any content that:
- is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
- might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
- contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
- provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
- transmit junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
- collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- sell access to or the use of this website, including any content contained on, downloaded or accessed from this website; and
- intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data.
INDEMNIFICATION BY USER
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms & Conditions.
IN NO EVENT SHALL HASP ONLINE, OR HASP ONLINE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION, ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY OR USE OF THIS WEBSITE OR ANY INFORMATION, EVEN IF HASP ONLINE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THE FOREGOING NEGATION OF DAMAGES OF ANY KIND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HASP ONLINE AND YOU. THIS SITE AND THE INFORMATION PROVIDED ON THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH TERMS.
THIRD PARTY WEB SITES, CONTENT AND PRODUCTS AND SERVICES
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other Terms & Conditions on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
All content on this website, including without limitation all programs, interface layout, interface text, documentation and graphics, is the copyrighted property of HASP Online and is protected by international copyright law. The content on this website may be used by you only as provided for in these Terms & Conditions and applicable licensing and service agreements, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
If any provision of these Terms & Conditions is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms & Conditions shall continue in full force and effect. No waiver of any provision of these Terms & Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms & Conditions.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of California and the laws of the United States. The parties consent to the exclusive jurisdiction of the courts of, and venue in, Los Angeles County, California.
If you have any questions or concerns about our website or these Terms & Conditions, please feel free to contact us at (888) 539-HASP (1-888-539-4277).