Description of Service
Bowen EHS® provides an online member center for individuals preparing to take safety certification exams (members). Bowen EHS® Member Center registrants have access to view and participate in online discussion forums related to health and safety certification topics and other topics of general interest. Members participating in each forum agree to follow the stated rules of the forums. The Member Center also includes publicly available resources for download as well as an opportunity to participate in live on-line study sessions. This document is also known as the Member Center Site Policy Agreement.
Forum Rules
- Treat other members respectfully.
- We all come to this forum and to the exam with different experience and education. We can learn from each other.
- Use ALL CAPS sparingly and only to emphasize a point.
- Respect the integrity of the exam. No specific exam questions may be posted. Posts containing exam specific questions or information may be edited or removed entirely.
Bowen EHS®, LLC reserves the right to remove forum posts that are deemed to violate the rules. Bowen EHS®, LLC at its sole discretion may remove a participant from the Member Center for repeated rule violations.
Limitation of Liability:
The aggregate liability of Bowen EHS®, LLC for any and all claims arising out of this agreement and the accompanying registration form and the services to be provided hereunder shall be limited to the total compensation actually received by Bowen EHS®, LLC. from Member in connection herewith.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BOWEN EHS®, LLC. HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND CURRENTNESS. IN NO EVENT SHALL BOWEN EHS®, LLC BE LIABLE TO MEMBER OR ANYONE CLAIMING THROUGH OR FOR MEMBER FOR ANY LOST PROFITS, COMMERCIAL LOSS, LOSS OF USE, OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES.
Ownership of Content and Materials:
Any and all content and materials created, supplied, included, or provided by Bowen EHS®, LLC. in connection with any course or membership either before, during, or after the course shall be and remain the sole property of Bowen EHS, LLC Without limiting the foregoing, the parties acknowledge and agree that any and all right, title, and interest (including copyrights and trademarks) in and to the lectures as originally presented and any recordings thereof as well as any training, study, or other materials provided (whether in print or via email, CD-ROM, floppy disk, flash drive, or other formats) are and shall remain the sole property of Bowen EHS®, LLC.
The foregoing notwithstanding, Member shall have a personal, nonexclusive, nontransferable, limited license to use and view such content and materials for purposes of preparing for and participating in the course and for studying and reviewing for any examination which is the subject of or is related to the course and otherwise in accordance with the terms and conditions set forth herein. A Member participating in the course may make copies of any materials so provided by Bowen EHS®, LLC. for his or her own personal use only. Member acknowledges and agrees that Member has no right to, and that he or she will not, sell, assign, license, convey, transfer, publish, or distribute training materials or copies of recorded lectures, or any parts thereof, to others without the express prior written consent of Bowen EHS®, LLC.
Member hereby grants to Bowen EHS®, LLC complete rights to store, broadcast, and sell recorded training and other lectures in which the Member participated or may have made contributions. Such grant by Member specifically includes the right to include Member's image or voice in any such recording as long as such items are included only in a manner consistent with how they may have been a part of or appeared in such lecture originally.
The foregoing notwithstanding, with respect to any written materials, software, or other materials or items which may be provided to Member by Bowen EHS®, LLC. but which are not the property of Bowen EHS®, LLC, Member agrees that such items are and shall remain the property of the owner of such items, that such items are being provided to Member with the permission or other agreement or authorization of the owner, and that Member's use of those items shall be subject to any applicable licenses, copyrights, or other agreements governing such items.
Entire Agreement:
This Membership Agreement and the accompanying registration form constitute the entire agreement between the parties concerning the subject matter hereof. No waiver, variation, or amendment of any term or condition hereof shall be effective without the written consent or approval of both parties hereto. This agreement shall be governed by and subject to the laws of the State of North Carolina.
No written signature by Member shall be required for online registrations. However, in such case, by affirmatively checking the requisite box on the online registration form (which action Member hereby acknowledges and agrees shall constitute Member's electronic signature, Member acknowledges that he or she has read and understands this Training and License Agreement and the accompanying registration form and that Member agrees to be bound by the terms thereof.