Last updated: 27 September 2018
This is a legal agreement between you and B.C. Construction Safety Alliance (“BCCSA”) stating the terms and conditions that govern your access to and use of the websites available at www.bccsa.ca and www.silicacontroltool.com (the “BCCSA Websites").
BCCSA provides the BCCSA Services primarily, but not limited to, as a service to the construction industry to assist employers in ensuring the health and safety of workers by reducing exposures to respirable crystalline silica (“RCS”) dust. It may also be used to assist in complying with the provisions of applicable occupational health and safety regulations (“OHSR”) relating to RCS exposures and related exposure control plans (“ECPs”).
The BCCSA Services should be used and completed by a qualified person with the requisite knowledge, expertise, and experience in occupational exposure assessment, control, and planning.
ARTICLE 1 – SERVICES
1.1 Scope of License
(a) you may store any number of electronic copies of ECPs generated by the BCCSA Services;
(b) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(c) a reasonable number of copies may be printed keeping any proprietary notices thereon, which may only be used in connection with ensuring the health and safety of workers, meeting workplace occupation health and safety standards, and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
1.2 Accessing BCCSA Services
BCCSA reserves the right to modify or remove all or any part of the BCCSA Services in BCCSA’s sole discretion without notice. BCCSA will not be liable if for any reason all or any part of the BCCSA Services are unavailable at any time or for any period.
1.3 Linking to BCCSA Websites
ARTICLE 2 – USER OBLIGATIONS
2.2 Restricted Use
(a) you will not access content or data that is not intended for you;
(b) you will not attempt to breach or breach the security and/or authentication measures which are not authorized;
(c) you will not interfere or disrupt all or part of any of the BCCSA Services or servers or networks connected to the BCCSA Services, including by introducing or transmitting any viruses, Trojan horses, worms, logic bombs, spyware, malware, or other code or material of a destructive or disruptive nature
(d) you will not illicitly reproduce Transmission Control Protocol (TCP)/Internet Protocol (IP) packet header;
(e) you will not disrupt network services and otherwise disrupt BCCSA's ability to monitor the BCCSA Websites;
(f) you will not use using any robot, spider, or other automatic device, process, or means to access any of the BCCSA Services for any purpose, including monitoring or copying any of the material on the BCCSA Websites;
(g) you will not attack any of the BCCSA Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing or crashing;
(i) you will not use any of the BCCSA Services for any illegal or unauthorized purpose; and
(j) you will not otherwise attempt to interfere with the proper working of any of the BCCSA Services.
You agree to comply with all laws, rules, and regulations (for example, federal, provincial, and local) applicable to your use of any of the BCCSA Services, including but not limited to, copyright laws
2.3 Use of BCCSA Trademarks
You agree not to use any of the marks “Silica Control ToolTM Site”, “BCCSA”, and “B.C. Construction Safety Alliance”, or any related names, logos, product and service names, designs, slogans, or any other marks belonging or licensed to BCCSA (collectively, the “BCCSA Marks”) in whole or in part in any way except as expressly authorized in writing by BCCSA in each instance. You agree that all goodwill arising out of your authorized use of the BCCSA Marks shall inure to the benefit of and belong to BCCSA.
ARTICLE 3 – USER SUBMISSIONS
3.1 User Submissions
The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit to the BCCSA Websites or to other users or other persons (collectively, “User Submissions”), and any submissions you make to the BCCSA Websites through any functionality such as the BCCSA Services, other applications, chat rooms, e-mail, message boards, personal or interest group webpages, profiles, forums, bulletin boards, and other such functions (collectively “Interactive Functions”). Without limiting the foregoing, you warrant and agree that your use of the BCCSA Services and any User Submissions and Interactive Functions shall not:
(b) involve, provide, or contribute any false, inaccurate, or misleading information.
(d) impersonate or attempt to impersonate BCCSA, a BCCSA employee, another user of the BCCSA Services, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(e) transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation to BCCSA, BCCSA employees, or another user of the BCCSA Services.
(f) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the BCCSA Services, or which, as determined by BCCSA, may harm BCCSA or users of the BCCSA Services, or expose them to liability.
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(h) promote any illegal activity, or advocate, promote, or assist any unlawful act.
(i) give the impression that your User Submissions and/or Interactive Functions originate from or are endorsed by BCCSA or any other person or entity, if this is not the case.
You understand and agree that you, not the BCCSA, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the BCCSA Services.
3.2 Grant of License
3.3 Monitoring, Enforcement, Suspension, and Termination
BCCSA has the right, without provision of notice to:
(a) remove any User Submissions for any or no reason in its sole discretion.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority, or harmed party for any illegal or unauthorized use of the BCCSA Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the BCCSA Website.
You waive and hold harmless BCCSA and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by BCCSA and any of the foregoing parties relating to any investigations by either BCCSA or such parties or by law enforcement authorities. We have no obligation, or any responsibility to any party to monitor the BCCSA Websites or use, and do not and cannot undertake to review material that you or other users submit to the BCCSA Websites. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
ARTICLE 4 – PRIVACY
ARTICLE 5 – TERM
5.1 Term and Termination
BCCSA may terminate or suspend your account at BCCSA’s sole discretion at any time, for any reason at all, or for no reason. If your account is terminated or suspended, BCCSA reserves the right to deny your reapplication at any time in BCCSA’s sole discretion.
5.2 Effects of Termination
ARTICLE 6 – WARRANTIES
6.1 Disclaimer of Warranties; Liability Limitation
BCCSA and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “Silica Control ToolTM” for the purposes of this Section 6.1 and the following Sections 6.2 and 6.3) do not promise that the BCCSA Services, or the information or materials that you receive as a user of any of the BCCSA Services (all of the foregoing, collectively, the “Deliverables” for purposes of this Section 6.1 and the following Section 6.2) will be accurate, reliable, timely, secure, error-free, or uninterrupted, or that any defects will be corrected. The Deliverables are provided on an “as-is” and “as-available” basis and the Deliverables are subject to change without notice. Silica Control ToolTM cannot ensure that any of the content (including files, reports, information, or other data that you access, purchase, or download from or through any of the BCCSA Services) will be free of viruses, contamination, or destructive features. Further, Silica Control ToolTM does not guarantee any results or identification or correction of problems as part of the Deliverables and Silica Control ToolTM disclaims any liability related thereto. Silica Control ToolTM takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Silica Control ToolTM makes no representations or warranties as to the interoperability of any of the BCCSA Services with any network or servers. You acknowledge that Silica Control ToolTM shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of any of the BCCSA Services to properly operate with your network or servers, or from any errors occurring on your networks or servers as a result of your use of any of the BCCSA Services. Silica Control ToolTM makes no representations about the suitability, reliability, availability, timeliness, or accuracy of any networks or communications lines or functioning of any mobile phone or device necessary to use any of the BCCSA Services. Silica Control ToolTM disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Silica Control ToolTM disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Deliverables. You acknowledge and agree that Silica Control ToolTM may make improvements and/or changes in any of the BCCSA Services at any time without notice or liability to you. You assume total responsibility and all risks for your use of the Deliverables, including, but not limited to, any information obtained thereon. Your sole remedy against Silica Control ToolTM for dissatisfaction with the Deliverables is to stop using the Deliverables. The BCCSA Services and any information produced through the use of any of the BCCSA Services are in no way meant to replace professional advice relating to measuring, controlling and ensuring that workers’ exposures are within safe and legally mandated limits. The BCCSA Services are not a replacement for air monitoring tests where circumstances warrant such testing and should not be construed as providing legal or other advice regarding any legal or other requirements relating to RCS dust exposures or otherwise, including in the user’s particular circumstances. This limitation of relief is a part of the bargain between the parties. To the extent that Silica Control ToolTM makes any pre-release or other products, services, or information related thereto available to you as a registered user of any of the BCCSA Services, you understand that Silica Control ToolTM is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that Silica Control ToolTM may make, or to publicly announce or introduce the products or services at any time in the future. Silica Control ToolTM shall use reasonable efforts to protect information submitted by you in connection with the BCCSA Services, but you agree that your submission of such information is at your sole risk, and you hereby release Silica Control ToolTM from any and all liability to you for any loss or liability relating to such information in any way.
The BCCSA Websites may include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third party content, other than the content provided by Silica Control ToolTM, are solely the opinions and the responsibility of the person or entity providing that content. Such content does not necessarily reflect the opinion of Silica Control ToolTM. Silica Control ToolTM is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.
ARTICLE 7 – MISCELLANEOUS
7.1 Changes of Terms
7.2 Third Party Websites
The BCCSA Websites may contain links and/or pointers to third party websites. We make no representations about any third party websites that may be accessed from the BCCSA Websites. If you choose to access any such websites, you do so at your own risk. BCCSA has no control over the content of any third party websites and accepts no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party websites.
7.3 Governing Law and Jurisdiction
7.6 Entire Agreement
Should you become aware of misuse of the BCCSA Services, including libelous or defamatory conduct, you must report it to BCCSA.
All other feedback, comments, requests for technical support, and other communications relating to the BCCSA Services should be directed to BCCSA.
Information Collection & Use
The BCCSA Services collect information for the purpose of providing users with a service to help ensure the health and safety of workers who may be exposed to Respirable Crystalline Silica (RCS) dust. While using the BCCSA Services, you may be asked to provide BCCSA with personal information that can be used to identify you, including your name, email address, phone number, payment information, physical address, date of birth, account activity, and/or other personally identifiable information (the “Personal Information”).
BCCSA protects your Personal Information and will not share this information with non-designated third parties without your permission or unless such disclosure is necessary (as determined in BCCSA’s sole discretion) to comply with court order or other legal process or to protect the rights, property, and/or safety of BCCSA or any third party.
Cookies, Aggregate Data and Other Technologies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. Most browsers automatically accept cookies as the default setting. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, some portions of the BCCSA Services may not function properly.
The security of your Personal Information is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. The BCCSA Services use commercially acceptable means to protect your Personal Information, but you agree that your submission of such information is at your sole risk, and you hereby release BCCSA from any and all liability to you for any loss or liability relating to such information in any way.