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IMPACT Safety Management Database System

Terms of Use

These Terms of Use constitute a license that covers your use of the IMPACT Safety Management Database System ("Site" or "SMDS") pursuant to the Ironworker Management Progressive Action Cooperative Trust (“IMPACT”, “we” or “us”) Drug Free Workforce Program (http://www.impact-net.org/member-programs/ironworkers/impact-drug-free-workforce) and any transactions that you engage in through this Site. The Site is owned by IMPACT and operated by a third party hosting service provider.

BY ACCESSING, VIEWING, OR USING THIS SITE OR ANY OF THE SERVICES OFFERED ON THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE, INCLUDING ANY CHANGES THAT WE MAKE TO THESE TERMS IN THE FUTURE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU BREACH ANY OF THESE TERMS OF USE, YOUR AUTHORITY TO USE THIS SITE AUTOMATICALLY TERMINATES, AND YOU AGREE PROMPTLY TO DESTROY ANY MATERIALS DOWNLOADED OR PRINTED FROM THE SITE IN VIOLATION OF THE TERMS OF USE.

DEFINITION OF TERMS

"Materials" means all documents, information, communications, digital signatures, files, text, software, graphics, and products available through this Site. "Services" means all services operated by IMPACT and third parties through this Site. “Authorized Users” means individuals or entities who have entered into a subscription agreement with IMPACT and have the right to access, view, and rely upon the Services offered by this Site. “You” shall refer to Authorized Users. One of the Services that we offer through this Site is a computer network-based means for Authorized Users to track results of various tests input by Third Parties and authorized users of the Site. We refer to any materials, information, files, communications, and documents that are posted at this Site by users related to employee credentials and drug test results as "Service Content". All other user-supplied materials, information, files, communications, and documents, excluding the Service Content, are referred to collectively as "User Content". "IMPACT Content" is defined as all Materials provided by IMPACT.

Use of Services

When using Services on this Site that are offered by IMPACT, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Materials and Services offered by IMPACT, this Site may also make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate license agreements that accompany such services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services, and the Materials and Services offered by us. You agree that you will not hold or seek to hold IMPACT responsible or liable with respect to the Third Party Services.

Use of Software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of IMPACT and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of IMPACT Content and User Content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the IMPACT Content and User Content available on this Site subject to the following conditions:

The IMPACT Content and User Content may be used solely for personal, informational, and internal purposes.
The IMPACT Content and User Content may not be modified or altered in any way, except that User Content may be modified or altered by the authorized user who posted the User Content.
The IMPACT Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in the IMPACT Content and User Content.
We reserve the right to revoke the authorization to view, download, and print the IMPACT Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from us.
The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the IMPACT Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by various intellectual property rights and other laws and may not be copied or imitated in whole or in part.

Use of Service Content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Service Content available on this Site subject to the following conditions:

Authorized Users of this Site may use Service Content for the purposes of managing the credentials of themselves or their workforce in compliance with the IMPACT Drug Free Workforce Program.
The Service Content on the Site may not be distributed or sold, rented, leased, hyper-linked, or licensed to others.
You may not remove any copyright, trademark, or other proprietary notices contained in the Service Content.
We reserve the right to revoke the authorization to view, download, and print the Service Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from us.
The rights granted to you constitute a license and not a transfer of title.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Services and Materials on this Site, including the trademarks, logos, and service marks displayed as well as their selection and arrangement, are protected by copyright, trademark, patent, trade secret, and/or other proprietary rights. Only Authorized Users are permitted to use this Site. The unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You agree not to republish, frame, download, modify, transmit, rent, lease, sell, loan, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. You shall comply with all copyright laws worldwide in your use of this Site and prevent unauthorized copying of the Materials. Except as provided in this Notice, neither we nor any Third Party grants you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

LICENSE TO IMPACT FOR USER CONTENT

For User Content such as product suggestions, bug reports, or piracy reports, you grant IMPACT and and its designees an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that we shall be free to use any ideas, concepts, know- how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of IMPACT or others.

LICENSE TO IMPACT FOR SERVICE CONTENT

You grant Us and our designees the right to copy, display, distribute, and otherwise use Service Content in connection with operation of this Site. You agree that we may access and/or disclose such Service Content if we have a good faith belief that we must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of this Site; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect us or others from liability or damages. We have no obligation to retain Service Content once the applicable subscription agreement has expired or terminated, and you agree that we shall not be liable for any failure to store Service Content after such expiration or termination.

PROHIBITED COMMUNICATIONS

You may submit only User Content or Service Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from using this Site to send or disseminate:

any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
any material for which any intellectual property rights are owned by someone else or which in any way infringes any rights of another;
any advertisement, solicitation, spam, chain letter, or other similar type information;
any encouragement of illegal activity;
the unauthorized use or disclosure of private, personally identifiable information of others;
any materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree:

not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another's account, password, service, or system without authorization from us;
not to access or attempt to access any Service Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS

Although it is not our intention to do so, we reserve the right, in our sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, IMPACT reserves the right to delete or remove Service Content if the relevant subscription has expired or lapsed or if we have a good faith belief that the user posting such Service Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of IMPACT or others.

We may, but are not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content or Service Content; and (ii) the substance of any User Content or Service Content.

To the maximum extent permitted by law, we will have no liability related to User Content or Service Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We also disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Service Content.

USE AND PROTECTION OF USERNAME AND PASSWORD

You are responsible for maintaining the confidentiality of your username and password. You are responsible for damages resulting from all uses of your username and password, whether actually or expressly authorized by you, unless access to your username and password was obtained through no fault or negligence of your own.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND IMPACT, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS", "WHERE IS", AND "WHERE AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IMPACT MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. IMPACT MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND IMPACT MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) IMPACT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) IMPACT MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) IMPACT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. IMPACT ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMPACT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to products, services, and programs that are not available in your country. These references do not imply that IMPACT intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by IMPACT from its offices within the United States of America. IMPACT makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See section on Export Control Laws, below, for further information.

PERSONAL INFORMATION AND PRIVACY

With the exception of Service Content and certain types of User Content, any non-personal information or material sent to IMPACT will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of IMPACT or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER IMPACT, NOR ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODWILL OR PROFITS, OR FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS, WHETHER OR NOT IMPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS

The export and re-export of IMPACT software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the United States embargoes goods. In addition, IMPACT software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading a IMPACT software product you certify that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All IMPACT products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY AND LIABILITY

You agree to indemnify and hold IMPACT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Service Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by IMPACT from its offices within the District of Columbia, United States of America. By accessing this Site, you and IMPACT agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the District of Columbia, without regard to the conflicts of laws principles thereof. You and IMPACT also agree and hereby submit to the exclusive personal jurisdiction and venue of the District of Columbia Courts and the United States District Court for the District of Columbia with respect to such matters.

LANGUAGE

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. We will notify you of changes to the Terms of Use via a login procedure or posting the changes on our website.

TERM AND TERMINATION

Without limiting its other remedies, IMPACT may immediately discontinue, suspend, terminate or block you and any user’s access to this Site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements, Linked Sites, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by IMPACT. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by IMPACT. IMPACT does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by IMPACT. Links do not imply that IMPACT endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of IMPACT, or any of their affiliates or subsidiaries. Except for links to information authored by IMPACT, IMPACT is not responsible for, nor will we be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Site and/or transact any business on them, you do so at your own risk. IMPACT reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

GENERAL

The Terms of Use and the other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between IMPACT and you with respect to your use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IMPACT with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by IMPACT to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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