Terms and Conditions
1.1 Agreement. These Terms constitute the User Agreement between BLR®—Business & Learning Resources, a division of Simplify Compliance LLC (“BLR”), and you as a user who accesses or establishes a connection (“user,” “you,” or “your”) to our services, including but not limited to those at www.BLR.com, HRHero.BLR.com, EHSHero.BLR.com, HandbookBuilder.BLR.com, store.BLR.com, and/or other services and services based on these services (“Service” or “Services”). You agree to abide by all the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions.
1.2 Changes to Terms. BLR reserves the right, in its sole discretion, to change any or all the provisions of this Agreement at any time. BLR will make the current Agreement available at this URL, as well as from a link at the bottom of each Service’s home page. Unless you have entered into a specific written agreement with BLR, the Agreement in effect at the time you use the Service shall govern your use, and your use of the Service after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. For your convenience, substantive changes to the Agreement will be noted in this “Changes” section for at least one month after a change becomes effective. Any change will be effective immediately, however, and need not be noted in the “Changes” section to be binding upon all subsequent visitors to the site.
1.3 Passwords. Sharing or distributing your user name and password to others for access to the Services is prohibited and may result in termination of your account. BLR makes multi-user and site licenses available for subscribers needing broader access.
1.4 Changes to Services. BLR is constantly changing, updating, and improving its Services. BLR reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services.
1.5 Restrictions, suspensions. BLR further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on BLR’s belief that your use of the Services violates that permitted by this Agreement or applicable law.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
2. Rights in Service Content and the Service
2.1 Copyright. The Services, together with all content and tools provided by BLR on the Services, are protected by copyright, trademark and/or other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by BLR. All trademarks appearing on the Services are the property of their respective owners. You agree not to use any trademarks or copyrighted material without express written permission of BLR. You agree that you do not acquire any ownership rights in any downloaded content.
2.2 Internal business use. You may search, retrieve, display, download, and print content from the Services solely for your internal business research and reference purposes only (either for the benefit of yourself or for the benefit of your organization). You shall make no other use of the content without the express written permission of BLR. If your subscription order includes a specific number of Users, the Service(s) may not be accessed by more than that number of Users. If you wish to add users within your organization, multiple-user accounts and site licenses can be obtained by contacting BLR ( 800-727-5257 or service@blr.com).
2.3 Prohibited uses. You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology, in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Services that would create any electronic database or archive containing such content. You are also prohibited from using frames or iFrames when accessing the Services as these often cause problems in the authentication process. You shall not employ any automated search tools, including so called “crawlers,” “bots” and “spiders” that programmatically access and extract content in order to repurpose or resell the Services content and tools, nor may you “scrape” and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents without the express written permission of BLR. You shall not use the Services to train any artificial intelligence (AI) application without BLR’s express written permission. Those seeking more information on permission for systematic access (automated queries, meta-search, etc.) should contact service@blr.com.
2.4 Policies and Forms. The Services contain sample policies, forms, and checklists that you may adapt to your organization. As a paid subscriber, you are granted a specific license to modify such documents or to incorporate them into your organization’s policy handbooks. However, this license does not include the right to resell the documents, to create a product for sale, or to share them outside of your organization. This license is perpetual.
2.5 Training materials. The Services contain training materials that you may download and use for internal training within your organization. You are granted a specific license to modify such materials to fit your organization’s policies, procedures, and workplace features. You may display such training materials within your organization. However, they may not be distributed via your organization’s intranet or the internet or loaded into a learning management system without specific written permission from BLR. This license shall remain in effect so long as you remain a subscriber of the Services.
Certain training materials are available as versions that include audio narration. These materials may be played via the BLR websites for classroom use or for training of individuals. However, they may not be downloaded, stored on your intranet or the internet, or loaded into a learning management system without specific written permission from BLR.
2.6 Third party use. Consultants, Professional Employee Organizations, associations, and similar entities may not distribute any of these materials to their clients or members without an Enhanced Use License or other written permission from BLR. To obtain such permission and information about associated pricing, contact BLR (800-727-5257 or service@blr.com).
3. User Activities and Privacy of User Information on the Service
3.1 Lawful uses. You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
3.2 Ownership of Customer Data. All Customer information/data that is entered into or built within the BLR suite of tools will remain the property of the Customer.
3.3 Review of submissions. BLR has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and BLR is not responsible for any content of this material or information. However, BLR reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, BLR reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
3.4 User data. BLR reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. BLR further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. All such use and distribution shall be in accordance with BLR’s privacy policy, which is incorporated herein by reference. Nothing herein shall prevent BLR from complying with valid requests by governmental authorities investigating civil or criminal matters.
3.5 Copyright, DMCA, takedown claims. If you believe that content posted on or through the website has been used in a manner that constitutes copyright infringement, please provide BLR’s Copyright Agent with a written notice to the email or mailing address indicated below that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
BLR’s Copyright Agent for notice of claims of copyright infringement is: Brad Forrister, VP Legal, by email at bforrister@blr.com or by mail to BLR, 101 Creekside Crossing, Suite 1700-375, Brentwood, TN 37027 .
4. Fees and Payments; Account Management; Free Trial Use
4.1 Payment terms. Access to premium areas of the Services requires payment. If you subscribe, you must provide accurate, complete and updated subscriber information. You acknowledge that you will pay BLR all such fees, charges, and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your organization on your behalf. If you enroll in the Services using a credit card, you certify to BLR that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Services. In any event, you expressly certify and represent that you are not under the age of 13.
4.2 Use of Service. You further acknowledge that your obligation to pay BLR all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay BLR for the Service regardless of whether the Service is used or not. Unless you enroll as part of a free trial, your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service. If made available, free trial or free access periods to use the Service also begin on the date of your enrollment in the free trial for the Service, and not the date of your first use of it.
4.3 Prices, renewals. The price you pay for a Service is stipulated at the time you enroll in such Service, and are valid for your initial subscription period. BLR reserves the right to change the price after the initial period. Unless other arrangements have been made directly with BLR, SUBSCRIPTIONS TO THE SERVICE ARE ON A CONTINUOUS RENEWAL BASIS. This means your subscription will automatically renew every year on your annual enrollment anniversary. Your subscription renewal will be at the then current price charged for the Service. YOU MUST CANCEL PRIOR TO YOUR SUBSCRIPTION RENEWAL DATE TO AVOID CONTINUED CHARGES.
5. Disclaimer of Warranties & Limitation of Liability
5.1 Reference; legal advice. This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the content and tools provided at this site are useful, accurate, and current, we cannot guarantee that they will be error-free. This site and the information available through it are not intended to constitute legal or other professional advice. HR, Compensation, Safety and Environmental compliance often involves complex decisions requiring the services of competent, licensed professionals; we urge you to obtain such services before making decisions with legal and other professional implications. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
5.2 Your risk. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. BLR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
5.3 As is. THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.4 Consequential damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLR (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD PARTY PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BLR (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD PARTY PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF BLR (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD PARTY PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO BLR DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
6. Termination
BLR may terminate this Agreement and your use of the Services, or discontinue the Services, at any time upon notice to you in the event of any conduct by you which BLR, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
7. Governing Law
This Agreement and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Tennessee, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Tennessee in any and all actions, disputes, or controversies relating to this Agreement. THE PARTIES HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL ARISING FROM ANY DISPUTES RELATED IN ANY WAY TO THE AGREEMENT.
8. Force Majeure. BLR shall not be liable nor be deemed to have defaulted or breached this Agreement for any failure or delay in performing any term of this Agreement for the period that such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of BLR including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot, national emergency, pandemic or epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or telecommunication breakdown or power outage.
9. General Terms
This Agreement and any policies and rules posted on the Services by BLR constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either BLR or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of BLR and its successors and assigns. BLR may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by BLR does not relieve you of your obligations under this Agreement.