You are being granted access to the information contained on this site in order to enable you to have access to your authorized entity’s environmental, health, and safety (EHS) policy, performance, and program information and those of other entities that you have been authorized access to, due to a business relationship with the entity. EHS GRADES uses a letter-grading system of A+, A, B, C, D or F to rate organizational EHS performances. The grades are derived based on a process that makes use of potent diagnostic tools that identify where an organization’s EHS program currently stands, including what’s working, gaps, and recommendations for continuous improvement.
Each of performance measures evaluated provides critical data and information needed to align decision-makers, employees and other key stakeholders around a clearly articulated shared strategic goal and vision. The solutions that we provide helps organizations recognize weaknesses in their performances so that they can focus their attention on critical aspects of their EHS programs, we work with our clients and contractors to minimize risks. We aid in setting priorities for action by providing an efficient means of identifying underlying problems and addressing them before an accident or incident occurs.
This Agreement was last updated on November 20, 2018
a. This website provides you, among other things, with access to the results of the EHS GRADES evaluation of performances. You agree to use the website and its contents solely in accordance with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the website or any part of it in any way.
c. EHS GRADES may provide employers, companies, contractors, subcontractors, organizations, researchers, instructors, auditors and others authorized, subscribing members the opportunity to gain access to some industry data set such as the industry averages on Total Recordable Incident Rates (TRIR) based on their subscriptions. All other Users who wish to gain access to the dataset should contact firstname.lastname@example.org. All unauthorized are strictly prohibited from any processes designed to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents of the website for any purposes.
d. Organizations wishing to utilize the EHS GRADES logos or our Letter Grade branding to promote or advertise their EHS Performance Grade must sign a licensing agreement in order to do so. Organizations that do not have an active license in place are strictly prohibited from using the EHS GRADES Performance Achievement Letter Grade logo, "A+" or “A” letter grade logo, or any other branding related to the program. For more information on obtaining an EHS GRADES Performance Achievement Recognition license contact email@example.com or PAR@ehsgrades.com.
e. EHS GRADES may provide employers, companies, contractors, suppliers, subcontractors, organizations, researchers, instructors, auditors and others authorized, subscribing members the opportunity to gain access to some industry data set such as the industry averages on Total Recordable Incident Rates (TRIR) based on their subscriptions. All other Users who wish to gain access to the dataset should contact firstname.lastname@example.org. All unauthorized are strictly prohibited from any processes designed to retrieve, index, "data mine” or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents of the website for any purposes.
f. Organizations wishing to utilize the EHS GRADES logos or our Letter Grade branding to promote or advertise their performance must sign a licensing agreement in order to do so. Organizations that do not have an active license in place are strictly prohibited from using the EHS GRADES Performance Achievement Recognition or Award logo, any other logo, our Letter Grade logo for outstanding or excellent performance, the EHS GRADES trademarked "A+" or "A” letter grade logo, or any other branding related to the program. For more information on obtaining an EHS GRADES license, contact email@example.com or PAR@ehsgrades.com.
a. As between you and EHS GRADES, our website and all Intellectual Property Rights (defined below) therein are owned by EHS GRADES. You acknowledge that EHS GRADES selected, compiled, arranged and adjusted data and information regarding Organizations and the Ratings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to EHS GRADES. You must not reproduce, republish, distribute, modify, reverse engineer or otherwise exploit EHS GRADES or this website in whole or in part, in any manner not expressly permitted by this Agreement and must not remove or modify any copyright or trademark notice, or other notice of ownership. As between you and us, EHS GRADES will retain exclusive ownership of the ideas embodied therein, and if you make any modification of EHS GRADES in violation of this Agreement, you will, and hereby do, assign to EHS GRADES all of your rights, title, and interests in and to such modifications and all Intellectual Property Rights therein. You acknowledge that EHS GRADES constitutes the proprietary trade secrets of EHS GRADES. You may not allow anyone other than yourself to access or use EHS GRADES services and must not repost, retransmit or otherwise distribute EHS GRADES website, services or information, in whole or in part, to any party, except as expressly permitted herein. Copyright © EHS GRADES. All rights reserved.
b. You understand and agree that, due to the nature of EHS GRADES’s products and services, any unauthorized citation, reproduction or re-publication of our services and use of any of EHS GRADES services is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by EHS GRADES, misappropriate EHS GRADES’s reputation, goodwill, business opportunities and revenues, or otherwise misappropriate the cachet of EHS GRADES’s products and/or services. Thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Letter Grades without the prior written permission of EHS GRADES and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark infringement action brought against you in the event that you do cite, reproduce or re-publish our Grade without the prior written permission of EHS GRADES.
c. All rights not explicitly granted to you and licensees under this Agreement will remain with EHS GRADES. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to Intellectual Property Rights of EHS GRADES, whether by estoppel, implication, or otherwise. Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an email to firstname.lastname@example.org to receive additional information.
d. "Intellectual Property Rights" means all intellectual property rights of any kind or nature however denominated throughout the world, including, without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
e. In partial consideration of EHS GRADES providing this website, you agree that all Intellectual Property Rights and all ownership of any ideas, modifications, enhancements, improvements, inventions, works of authorship, or any other suggestions you or any of your personnel provide to EHS GRADES relating to this website or EHS GRADES will be, and are hereby, assigned to EHS GRADES and shall be the sole and exclusive property of EHS GRADES.
This Agreement takes effect on the date you first access or uses the EHS GRADES services. EHS GRADES reserves the right at any time in its sole discretion to terminate this Agreement and your access to, and use of, EHS GRADES website or services, with or without notice. Upon such termination for any reason, you will cease access to, or use of, EHS GRADES membership and all of your rights herein will cease and at the request of EHS GRADES you will return or destroy all copies of any such content, including Confidential and Proprietary Information, in your possession and certify in writing to EHS GRADES that you have done so. Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use EHS GRADES will remain in full effect after such termination, including without limitation to those of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.
You are granted a limited, non-exclusive right to create a text hyperlink to this website for non-commercial purposes, provided the information is not modified and such link does not portray EHS GRADES, the website, EHS GRADES, or any of our other products and services, in any misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. EHS GRADES may revoke this limited right at any time. You may not use an EHS GRADES logo or another proprietary graphic of EHS GRADES to link to this site without the express written permission of EHS GRADES. Further, you may not frame, inline link, or otherwise utilize framing techniques to enclose any EHS GRADES trademark, logo, or other proprietary information, including the content found on this website, without the express written consent of EHS GRADES. Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of EHS GRADES or any third party.
You agree to indemnify and hold each of EHS GRADES and any agent appointed by EHS GRADES to pursue and enforce its rights and to undertake and fulfill its obligations under this Agreement ("Agent”) and their respective affiliates and all of their respective past, present and future directors, officers, employees, successors and agents and all of their respective successors and assigns, both individually and in their official capacities (collectively "Indemnitees”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to the failure of you to fulfill any of your obligations under this Agreement or your use of or access to the EHS GRADES database.
You hereby expressly forever release, and discharge EHS GRADES, the Agents, and the Indemnitees from, and covenant not to assert against EHS GRADES, the Agents, and the Indemnitees any and all causes of action, rights or claims of any type or description, known or unknown, which may arise in the future in any way resulting from, arising out of or in connection with your use of EHS GRADES services. EHS GRADES reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of, or access to our website, or any portion of the site, for any reason including, but not limited to failure to maintain subscription, provision of false or fraudulent information or documentation to EHS GRADES, unauthorized refunds or charge-back of subscription fees or any other fee or payment, voluntary or involuntary termination of your membership subscription; (ii) to modify or change our website, or any portion of the site, and any applicable policies or terms; and (iii) to interrupt the operation of our website, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree that you are waiving any right that you may have to obtain or receive any monetary damages or other relief of any kind (including but not limited to settlement proceeds) as a result of any action or proceeding brought by you or by any other person or entity on your behalf regarding your use of EHS GRADES, and to the extent permitted by law, you agree that you will not seek or accept any monetary damages or other relief of any kind in any such action or proceeding.
You absolve and release us and our affiliates from any claim of harm resulting from any cause over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our site.
From time to time, we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “trial”).EHS GRADES reserves the right, in its absolute discretion, to determine your eligibility for a trial, and, subject to applicable laws, to withdraw or to modify a trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some trials, we’ll require you to provide your payment details to start the trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial, on a recurring monthly or yearly basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription by contacting EHS GRADES customer service at email@example.com to terminate your EHS GRADES account before the end of the trial. If you do not want to continue to be charged on a recurring monthly or yearly basis, you must cancel the applicable paid subscription you must contact EHS GRADES to terminate your EHS GRADES account before the end of the recurring monthly or yearly period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, EHS GRADES will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding cancellation of your paid subscription.
Your election to discontinue or terminate any of EHS GRADES services will take effect for the following subscription cycle or year, provided that your election is received by EHS GRADES at least thirty (30) days before the beginning of your next yearly subscription cycle. If you elect to discontinue your subscription before the end your subscription cycle, you will not receive a refund for the then-current cycle’s subscription Fees (e.g., if you have made a payment for our service and EHS GRADES has performed a service of any kind for the current subscription cycle and during the current cycle, you elect to discontinue your membership, your subscription will expire at the end of the current cycle, but all payments made and other Fees for the current subscription cycle will not be refunded).
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the EHS GRADES service is to contact EHS GRADES customer service at firstname.lastname@example.org to terminate your EHS GRADES account and cancel your membership, uninstall any EHS GRADES software and to stop using the EHS GRADES service. While EHS GRADES accepts no responsibility for third party applications or the content thereof, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to EHS GRADES, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third-party applications. To the fullest extent permitted by law, in no event will EHS GRADES, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the EHS GRADES service, third party applications, or third party application content, regardless of legal theory, without regard to whether EHS GRADES has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the EHS GRADES service, third party applications, or third party application content more than the amounts paid by you to EHS GRADES during the prior twelve months in question, to the extent permissible by applicable law. Nothing in the Agreements removes or limits EHS GRADES liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
EHS GRADES does not issue refunds for services once an order is confirmed and the service had been activated or performed. In extremely rare cases, refunds are issued as permitted by applicable law. We recommend contacting us at email@example.com for assistance if you experience any issues with our services or your membership subscription.
THIS WEBSITE AND EHS GRADES ARE INTENDED FOR EHS PERFORMANCE IMPROVEMENTS PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, EHS GRADES MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. NEITHER EHS GRADES NOR ITS AGENT WILL HAVE ANY RESPONSIBILITY AND WILL BEAR NO LIABILITY WHATSOEVER WITH REGARD TO REPLACING, UPLOADING, OR CORRECTING ANY SAFETY GRADE ONCE RELEASED. YOU ACKNOWLEDGE AND AGREE THAT, SINCE THE EVALUATION RESULTS, SOLUTIONS PROVIDED AND RECOMMENDATIONS FOR CONTINUOUS IMPROVEMENTS OFFERED BY EHS GRADES ARE BASED ON INFORMATION PROVIDED BY YOU OR THIRD PARTIES, IT IS REASONABLE THAT EHS GRADES, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT BE, AND THEY ARE, "AS IS,” "AS AVAILABLE” AND "WITH ALL FAULTS.” EHS GRADES AND ITS AGENT DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR ARISING OUT OF ANY COURSE OF DEALING.
TO THE FULL EXTENT PERMITTED BY LAW, NEITHER EHS GRADES NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE, ANY EHS GRADES RATINGS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, ANY ENVIRONMENTAL HEALTH AND SAFETY PERFORMANCE GRADES, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S). EHS GRADES IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS, REVENUE, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, ANY OTHER CAUSE OF ACTION, OR PROFIT ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF EHS GRADES, EVEN IF EHS GRADES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
a. Any express waiver or failure to exercise promptly any right under this Agreement in any particular circumstance does not constitute a waiver of its right to enforce this Agreement in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of this Agreement will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions will not be affected hereby.
b.This Agreement, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of the State of Texas without regard to the principles of conflicts of laws. Any claim, suit or action arising under or relating to this Agreement must be brought and maintained exclusively in courts located within the State of Texas. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
c.This Agreement constitutes the entire agreement between you and EHS GRADES relating to this subject matter, and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding against EHS GRADES, unless in writing and signed by an authorized EHS GRADES representative. You may not assign, sublicense, delegate or otherwise transfer this Agreement or any right granted hereunder.
You acknowledge that it will be impossible to measure the damages that would be suffered by EHS GRADES if you fail to comply with this Agreement and that in the event of any such failure, EHS GRADES will not have an adequate remedy at law. EHS GRADES shall, therefore, be entitled in addition to any other rights and remedies to obtain specific performance of your obligations hereunder and to obtain immediate injunctive relief without having to post a bond. You shall not urge, as a defense to any proceeding for such specific performance or injunctive relief, that EHS GRADES has an adequate remedy at law.