Agreement Between the California Hazardous Materials Investigators Association and User
This is a binding agreement ("Agreement") between the California Hazardous Materials Investigators Association (“CHMIA”) and you, the user ("You" or "Your") and governs Your use of all portions of www.chmia.com ("CHMIA's Website"), and any associated material or functionality contained on CHMIA's Website. CHMIA's Website is offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using CHMIA's Website, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
Modification of These Terms of Use
CHMIA reserves the right to change the terms and conditions of this Agreement from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. CHMIA has no duty or obligation to inform prior users of CHMIA's Website that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of CHMIA's Website after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes. CHMIA may change, restrict access to, suspend, or discontinue CHMIA's Website, or any portion of CHMIA's Website, at any time.
No Professional Advice
The information and materials available through CHMIA's Website are for informational and educational purposes only and are not a substitute for the professional judgment of legal professionals. The legal and general information included on CHMIA's Website may reflect innovations and opinions not universally shared and does not necessarily reflect the view of CHMIA. Your use of CHMIA's Website does not create an attorney-client relationship between you and CHMIA or between you and any of CHMIA's representatives.
CHMIA HAS NO CONTROL OR RESPONSIBILITY FOR YOUR USE OF THE INFORMATION OR MATERIALS PROVIDED ON CHMIA'S WEBSITE AND HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH SUCH INFORMATION MAY BE USED BY YOU. THE PARTIES AGREE THAT CHMIA DOES NOT PROVIDE LEGAL ADVICE AND YOUR USE OF THE INFORMATION PROVIDED ON CHMIA'S WEBSITE IS NOT A SUBSTITUTE FOR LEGAL ADVICE.
Privacy Statement
CHMIA will operate CHMIA's Web Site in accordance with its Privacy Statement, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the Privacy Statement.
BY CONSENTING TO THIS TERMS OF USE AGREEMENT FOR CHMIA'S WEB SITE, YOU CONSENT TO THIS PRIVACY STATEMENT.
Usage of CHMIA's Website
You represent and warrant to CHMIA that You will not use CHMIA's Website (i) for any unlawful purpose or in any manner prohibited by this Agreement or (ii) in any manner which could damage, disable, overburden or impair CHMIA's Website or interfere with any other party's use and enjoyment of CHMIA's Website.
The CHMIA Members Only portion of CHMIA's Website ("Members Only Site") will be accessible only to dues paying members of CHMIA ("Members") and is governed by the terms and conditions contained herein. You agree that when using CHMIA's Website, You will not:
- Violate any applicable laws or regulations;
- Send, publish, post, upload, distribute or disseminate any information that may violate antitrust law.
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as CHMIA's logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
- Falsify or delete author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from CHMIA's Website;
- Send, publish, post, upload, distribute or disseminate any inappropriate, threatening, abusive, profane, defamatory, infringing, obscene, indecent, or otherwise objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
- Harass, abuse, threaten or otherwise violate any legal rights of others;
- Attack, ridicule, denounce, impugn a person's character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation;
- Upload viruses, corrupted files or any other software or information that may damage the operation of another's computer or network;
- Use CHMIA's Website for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
- Violate any of CHMIA's policies, guidelines or other codes of conduct which are applicable to CHMIA's Website or in particular to one of CHMIA's Web Services;
- Reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics without express written permission of CHMIA;
- Frame, squeeze back, overlay or employ other techniques to enclose or display the CHMIA Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the CHMIA Website, with any other software or content of a third party;
- Use any meta tags or any other "hidden text" utilizing the names or trademarks of CHMIA without its prior written consent;
- Access, monitor or copy any content or information of this Website using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose; or
- Violate any of CHMIA policies, guidelines or other codes of conduct.
CHMIA has no obligation to screen or monitor CHMIA's Website; however, CHMIA reserves the right to review information or materials posted to CHMIA's Website, to remove any such information or materials in its sole discretion, and to use any other forms of information available to us by virtue of Your use of CHMIA's Website. CHMIA reserves the right at all times, in its sole discretion, to refuse to post, delete, move, edit or to remove any information or materials from CHMIA's Website, including without limitation any information or materials posted through use of CHMIA's Website, regardless of whether such material does or does not violate this Agreement or any of CHMIA's policies, guidelines, or other codes of conduct which are applicable to CHMIA's Website or in particular to one of CHMIA's Web Services.
CHMIA DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY PORTION OF CHMIA'S WEBSITE, AND CHMIA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO CHMIA'S WEBSITE. CHMIA DOES NOT ENDORSE OR OTHERWISE VERIFY THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON CHMIA'S WEBSITE UNLESS IT IS PROVIDED BY AN AUTHORIZED CHMIA SPOKESPERSON. ANY STATEMENTS MADE ON CHMIA'S WEBSITE REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND YOUR RELIANCE ON ANY SUCH CONTENT IS AT YOUR OWN RISK. CHMIA'S WEBSITE WILL BE MANAGED OR HOSTED BY EITHER EMPLOYEES OR MEMBERS OF CHMIA, WHO ARE NOT AUTHORIZED CHMIA SPOKESPERSONS, AND THEIR VIEWS OR ACTIONS IN MANAGING OR HOSTING CHMIA'S WEBSITE DO NOT NECESSARILY REFLECT THOSE OF CHMIA.
Accounts, Passwords and Security
Certain features or services offered on or through CHMIA's Websites require a user identification and password to access and use. You are solely responsible for (1) maintaining the strict confidentiality of the user identification, passwords and codes ("Member Information") assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel's failure to maintain the strict confidentiality of Member Information; and (3) promptly informing CHMIA in writing of any need to deactivate or replace any Member Information due to security concerns. CHMIA is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify CHMIA immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to CHMIA under this section of the Agreement may be accomplished by sending e-mail to secretary@chmia.com or membership@chmia.com.
MEMBERSHIP RIGHTS AND OBLIGATIONS
- Generally. Member agrees to pay the annual dues established for its Membership Class, as may be amended from time to time in accordance with the Association’s Bylaws.
- Compliance with Policies. Member agrees to abide by, and shall have all applicable rights and obligations as set forth in, the Association’s Bylaws, and any and all additional policies and procedures adopted by the CHMIA, as any of these may be amended from time to time in accordance with the Association’s Bylaws and Policies.
- Suspension and Termination. CHMIA shall have the right to suspend participation, or cancel the membership, of Member if it (1) fails to pay its annual fees on time or, if the Member’s user account has been in expired status for ≥ 2 consecutive years; or (2) if Member violates any of the Association’s Bylaws and/or Policies; or (3) if Member substantially, flagrantly or repeatedly violates any of the Association’s Bylaws and/or Policies; or (4) if Member no longer qualifies for membership. No refunds of Membership dues or other payments will be given.
