Terms & Conditions
- Introduction
The Toxics Use Reduction Institute at the University of Massachusetts Lowell (“TURI”), is a state agency and public institution of higher education, formed under MGL c. 75, and the Toxics Use Reduction Act (“TURA”), MGL c. 21I.Use of the trainings and courses on TURI’s website] (the “Site”) and its contents is subject to the following Terms of Use (“Terms”). By becoming a registered user of the Site, you agree to be legally bound by these Terms of Use. If you do not understand or do not wish to be bound by the Terms, do not use the Site.TURI may make changes to the Terms at any time in its sole discretion. Your continued use of the Site constitutes your agreement to the Terms. You are responsible for reviewing these Terms on a regular basis. - Password Use and Security.
Use of the Site is for your exclusive use only. Use or sharing of your login information with another user is not permitted and is cause for immediate termination of your access to the Site without advance notice to you.You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur under your username and password. You agree to immediately notify TURI if you become aware or have reason to believe that there is any unauthorized use of your account or any other breach of security. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with TURI in any investigation of such unauthorized uses or infringements of TURI’s intellectual property in the Site. TURI will not be responsible for any loss or damage arising from unauthorized access to your user account. - Intellectual Property
The Site and all content posted to the Site, including but not limited to texts, video, images and other instructional materials available on this Site (collectively, “Site Content”) are protected by copyright, trademark and other laws. TURI, Toxics Use Reduction, UMASS®, and the University of Massachusetts, and associated logos are trademarks and the exclusive property of the University of Massachusetts. Their use is prohibited without the University’s prior written permission.Site Content created, modified, compiled, arranged, and/or displayed by TURI and/or by TURI’s agents or representatives through the services is copyrightable material that is exclusively owned by TURI, and is protected under and subject to all of the rights and remedies provided under the U.S. Copyright Act at 17 USC §§ 101 et seq. Therefore, unless otherwise expressly allowed for herein or unless expressly approved in writing by TURI, any copying or distribution of the Site Content is prohibited and is a violation of the U.S. Copyright Law and world copyright laws under, for example, the Berne Convention and the Universal Copyright Convention. You may use the Site Content only in the manner and for the purposes specified in these Terms. - License
In consideration for your agreement to these Terms of Use, TURI grants you a personal, nonexclusive, nontransferable, revocable license to access and use the Site and Site Content. You may obtain and use Site Content only for your personal, noncommercial use in connection with participating in the trainings and courses. Noncommercial use means that you may not sell, profit from, or commercialize the Site, its materials, or content within or works derived from them. In addition, you may download Site Content for which a downloading option is offered on the Site. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of TURI Site content without TURI’s express written permission. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site. - Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” turi makes no representations or warranties of any kind, express or implied, as to THE SITE, its operation, or the information, content or materials included in THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TURI DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, accuracy or the presence or absence of errors. TURI MAKES NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. TURI DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. - Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR ANY BODILY HARM OR DEATH RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TURI EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TURI, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT TURI HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. - Indemnification
You agree to indemnify and hold harmless TURI, the Commonwealth, the University of Massachusetts, its Trustees, Officers, servants, and employees from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, and/or your failure to comply with any provision of these Terms of Use. - Refund
If you withdraw before the start of a course that charges a fee for enrollment, you may be eligible, in TURI’s sole discretion, for a refund of all or part of the fee. If you withdraw after the start of the course or if you are found to be in violation of these Terms, you will not be issued a refund unless TURI elects to do so. - Termination
You agree (1) that TURI may terminate your use of the Site or your participation in it immediately upon notice to you if you materially breach any of these terms and fail to cure such breach within 30 days of receiving written notice from us about the breach; and (2) that in appropriate circumstances, we may terminate any users of the Site who are repeat copyright infringers. You will not be entitled to a refund if TURI terminates your use of or participation in the Site for either of these reasons. TURI reserves the right at any time in its sole discretion to cancel, postpone, reschedule, or alter the format of any course offered through the Site, or to cease providing any part or all of the Site content or related services, in which case TURI will refund to you any fees prepaid for courses not delivered. If you no longer desire to participate in the Site, you may terminate your access at any time. The rights granted to you hereunder will terminate upon any termination of your access and right to use the Site, but the other provisions of these Terms will survive any such termination. - Governing Law and Venue
The laws of the Commonwealth of Massachusetts, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and TURI. All disputes related to these Terms or the Site will be brought solely in the Suffolk County Superior Court located in Boston, Massachusetts, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. - Severability and Waiver
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. TURI’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. - Entire Agreement
These Terms of Use set forth the entire understanding and agreement between you and TURI with the respect to the subject matter thereof.