Among other features, the Application may include an online information service (the “FAST-ACT Service”) that allows Hazmat professionals and other qualified users to quickly search for specific chemicals to assess how best to apply the chemical containment and neutralization properties and methodologies of FAST-ACT.
The FAST-ACT Service is intended for professional use only by Hazmat professionals and other qualified users. FAST-ACT does not render medical, scientific, environmental, engineering, legal, tax, HR or other professional advice or services. Users of the FAST-ACT Service are responsible for compliance with all environmental, employee safety, and other laws, statutes, and regulations in connection with their use of the FAST-ACT Service. You represent, warrant, covenant, and agree that: (a) you are a Hazmat or otherwise professionally qualified to the use the FAST-ACT Service; and (b) you have used and will use the FAST-ACT Service in a manner consistent with any and all applicable laws and regulations, including without limitations those related to environmental protection and employee safety. The instructions provided on the FAST-ACT Service are for chemical contamination on surfaces or air space, as noted. All FAST-ACT products should be used in accordance with the packaged instructions, label, and user guide.
PLEASE NOTE THAT THE FAST-ACT SERVICE IS INTENDED TO BE USED BY HAZMAT PROFESSIONALS AND OTHER QUALIFIED USERS TO CONTAIN, NEUTRALIZE, MITIGATE, AND/OR REMEDIATE CHEMICAL HAZARDS. ALL CHEMICAL HAZARD INCIDENTS ARE UNIQUE, AND PRESENT UNIQUE SETS OF HAZARDS THAT SHOULD BE CONSIDERED WHEN RESPONDING. THE FAST-ACT SERVICE PROVIDES A GUIDE BASED ON THE CHEMICAL OR CHEMICAL FAMILY THAT IS BEING REVIEWED AND ITS EXPECTED INTERACTION WITH FAST-ACT. HOWEVER, ACTUAL INTERACTION MAY DEVIATE (IN SOME CASES MATERIALLY) FROM THE INDICATED RESULTS BASED ON THE FAST-ACT SERVICE. USERS ARE SOLELY RESPONSIBLE FOR THEIR USE OF THE FAST-ACT SERVICE, AND ANY ACTIONS TAKEN BASED UPON OR IN RELIANCE UPON THE FAST-ACT SERVICE WILL BE AT YOUR OWN RISK.
Certain information appearing on the FAST-ACT Service may be provided directly by users or other third parties, and discrepancies or errors may appear. FAST-ACT does not assume any responsibility for the accuracy or reliability of any information provided by users or other parties on or off the FAST-ACT Service. Although FAST-ACT endeavors to include most (if not all) of the top chemical hazards (as identified by OSHA), FAST-ACT offers no assurance or guaranty that the FAST-ACT Service includes the specific chemical hazard that you are searching for.
You expressly waive any requirement that purports to impose on FAST-ACT an obligation to perform any services other than those expressly undertaken by FAST-ACT hereunder. FAST-ACT may change, suspend or end the FAST-ACT Service or any services provided thereunder, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
As a user of the FAST-ACT Service, you may be required to submit certain information, including your name, address, e-mail address, telephone number, and other information. FAST-ACT is not responsible for any information, material, or ideas submitted on the FAST-ACT Service. More specifically, FAST-ACT does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the FAST-ACT Service.
To the extent you are accessing any portion of the FAST-ACT Service requiring a login ID or a password, you are responsible for all use of the FAST-ACT Service made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify FAST-ACT, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.
Users of the FAST-ACT Service are prohibited from posting or transmitting any material or information that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the FAST-ACT Service to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.
Users are also prohibited from violating or attempting to violate the security of the FAST-ACT Service. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the FAST-ACT Service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation, or our system or network security may result in civil or criminal liabilities. FAST-ACT reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The information and materials on the FAST-ACT Service could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. FAST-ACT AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE FAST-ACT SERVICE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE FAST-ACT SERVICE, INCLUDING, TO THE EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL FAST-ACT, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE FAST-ACT SERVICE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OUTAGES, DAMAGES, OR DELAYS ATTRIBUTABLE TO FAST-ACT’S LICENSORS, VENDORS, OR SERVICE PROVIDERS, OR OTHER CAUSES BEYOND FAST-ACT OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES’ CONTROL.
If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”