Website Terms & Conditions

Introduction

These Website Terms & Conditions (these “Terms” or these “Website Terms & Conditions”) contained herein on this webpage, shall govern your relationship with BOE Publications/CLK Associates, llc (hereinafter "BOE/CLK” or “we” or "our") and your use of this website, including all pages within this website (collectively referred to herein below as this “Site”). These Terms apply in full force and effect to your use of this Site and by using this Site, you expressly accept all terms and conditions contained herein in full. You must not use this Site, if you have any objection to any of these Website Terms & Conditions.
BOE/CLK, along with its subsidiaries and affiliates (collectively, "BOE/CLK") reserves the right to make corrections, improvements and changes to the information, Terms, service(s), software or other product(s) provided or described in the Site, and such modifications shall be effective immediately.  Accordingly, whenever accessing, linking to or using this Site, please continue to review the Terms for any modifications.  Your continued access, link to or use of this Site after any modifications have been posted to the Terms constitutes your acceptance of the modified Terms.  If, at any time, you do not wish to accept the Terms, you are prohibited from accessing, linking to or using this Site.  Any terms and conditions proposed by you which are additional to or which conflict with the Terms are expressly rejected by BOE/CLK and shall be of no force or effect.  Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. 
You acknowledge and agree that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, we do not guarantee, and shall have no liability for, any unavailability of the Site for any and all reasons.  The Materials may be out of date and we make no commitment to update the Materials on our Site.

Refund Policy

BOE/CLK does not give refunds or accept returns/cancellations on printed or electronic files(s) purchased from the Site if the correct order was shipped or otherwise delivered.  If we ship you the wrong product, we will ship you the correct product and will provide you with a return shipping label.  If we are out of stock on a product, we will do our best to replace it with a comparable product or issue a refund.  For our supplemented publications, we reserve the right to compile and ship earlier issues that are part of the subscription into one complete copy. Pre-ordered items, even when not shipped may not be eligible for a refund, in which case, the order will continue to process and be delivered.  Every attempt is made to be as accurate as possible with product descriptions and other content used on this Site to aid in your product selection. However, we do not warrant that product descriptions or other content of our Site is accurate, complete, reliable, current, or error-free. If a product ordered is not as described, your sole remedy is to contact us and return it in unused condition.  In order to receive a refund for the product, you must contact us within 30 days and receive instructions on how to process the return.  Orders returned without pre-authorization will not be eligible for a refund.

Order Cancellation by HazMatRegs.com

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.  If your order is cancelled by us prior to shipping or delivery, you will not be charged for the order or your order will be refunded.  Reasons for cancellation of an order can include, but are not limited to, out of stock inventory, problems with order processing, incomplete or insufficient order information, errors in pricing or shipping calculations, or if payment fraud has been detected.  Before an order is cancelled, we will make every effort to correct the problem before cancellation.  We will contact you using the information you have provided if any portion or all of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or other payment account has been charged, we will issue a credit to your credit card or other applicable payment account in the amount of the charge.

Change of Address for Shippable Items & Duty Fees

Because many of our products are shipped over the course of a year and due to the fact that part of your order cost includes calculation of shipping costs based on the shipping address, if you require a change of address either while the package is in route or to different address that would have required a higher shipping fee (Hawaii, Alaska or International), we reserve the right to assess additional fees to cover the increased cost of shipping.  These additional fees may be imposed at the time of the change of address or at a later date. Additionally, you are responsible for any Duties of other Fees imposed by the country as a result of its importation or duty laws.

Privacy Policy

The information you submit to our Site is governed by our Privacy Policy which is incorporated into these Terms.

Site User Licensing

BOE/CLK reserves the right to prohibit you from accessing the Site at any time with or without cause, at its sole discretion. Your access to the Site constitutes a revocable, nonexclusive limited license to access the Site under the terms and conditions of this agreement.
Any unauthorized downloading, retransmission, republication or other copying or modification of material posted on the Site, including trademarks, trade names and service marks, may violate federal, common or civil law trademark law and copyright law, is prohibited and may result in legal action.
If you download software or copyrighted material from the Site, such software is licensed on a limited basis to you by BOE/CLK or the owner of such software.  Title to the software is not transferred to you.  BOE/CLK retains all rights, title and interest in and to the software, and all intellectual property rights therein.
BOE/CLK reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in our opinion is contrary to this Agreement and Terms.  You agree that any person to whom you supply the content will be advised of the terms and conditions of this Agreement, and that each such person is bound by these terms and conditions. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the materials on the Site.

Intellectual Property Rights

CLK and/or its licensors own all rights to the intellectual property and Material contained in this Site, and all such rights are reserved are protected by U.S. and international copyright laws. The Material is collectively defined as, but not limited to, products and contents contained on the Site, text, design, logos, graphics, images, videos, software, code, and other content comprising the Site, as well as the Publisher’s selection, layout, assembly and arrangement thereof.
You are granted a limited, non-sublicensable license only, subject to the restrictions provided in these Terms, for purposes of viewing the material and placing/reviewing orders contained on this Site.

Copyrights and Trademarks

The trademarks, logos and service marks contained on this Site are owned by AAR (Association of American Railroads, Inc), BOE/TTCI (Bureau of Explosives Transportation Technology Center, Inc.) or BOE/CLK (CLK Associates, llc), whether registered or unregistered, and may not be used in connection with any product or service unless expressly granted such a right via a licensing agreement, which may be declined to do for any reason.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without the express written permission of AAR, BOE/TTCI and/or BOE/CLK its licensors or suppliers, or the third party owner of any such trademark, which may be refused for any reason.  Unauthorized usage of any trademark is prohibited, and we will aggressively enforce intellectual property rights including but not limited to judicial remedies.

Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any Site material in any media;
2. selling, sublicensing and/or otherwise commercializing any Site material;
3. publicly performing and/or showing any Site material;
4. using this Site in any way that is, or may be, damaging to this Site;
5. using this Site in any way that impacts user access to this Site;
6. using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site, except for Internet search engines and non-commercial public archives;
8. using this Site to engage in any advertising or marketing, except where specifically granted in writing by BOE/CLK;

Certain areas of this Site are restricted from access by you and BOE/CLK may further restrict access by you to any areas of this Site, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Site are confidential and you must maintain confidentiality of such information and you agree to accept responsibility for all activities that occur under your account or password or from your IP address.

Links to Third-Party Sites

Our Site contains links to our affiliates and may contain links to non-affiliated, third-party websites. These links are provided for your convenience solely and are maintained by the third-party. By following these links, you will leave our Site and be bound by their Privacy and Terms of Use policies and you do so entirely at your own risk. BOE/CLK does not control and is not responsible for any of these websites or their content and we do not make any representations about any third-party websites. BOE/CLK makes no representation regarding the quality of any product or service contained at any such third-party site.

Linking to HazMatRegs.com or to HazMatRegulations.com

If you would like to link to this Site, you must comply with the following guidelines:

1. Do not incorporate any Site Content or Material into your web site (e.g., by in-lining, framing or creating other browser or border environments around our content). You may only link to this Site, by providing an underlined, textual link from your Web site to the home page of our Site. No other link to our Site is permitted without the express, prior written approval of BOE/CLK.
2. You may not present an Authorized Link to this Site home page in a manner that suggests BOE/CLK has any relationship or affiliation with your site or endorses your site, products or services.
3. Your site must not present false information about BOE/CLK, its products or services.
4. You may not use any of BOE/CLK, AAR, TTCI names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without our express, prior written permission for a particular use.
5. Your site must not contain content that could be construed as distasteful, offensive or controversial.
6. BOE/CLK prohibits unauthorized links to our Site and the framing of any information contained on our Site, or any portion of our Site, without the express, prior written approval of BOE/CLK. Furthermore, you may not archive, cache, or mirror any BOE/CLK Site page or portions of a Web page. BOE/CLK reserves the right to disable any unauthorized links or frames. BOE/CLK hereby disclaims all liability for any material on other Web sites that may contain links to this Site.
7. If you would like to use, reprint, frame, or redistribute any content on any this Site other than as permitted herein, you must request permission from us by writing to info@HazMatRegs.com. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.

Disclaimer of Warranties and Limitation of Liabilities

The information provided by the Site is provided without any representations or warranties -- whether implied, express or statutory.  BOE/CLK does not warrant that the Site will be error or virus free. BOE/CLK does not assume any liability whatsoever arising out of your use of, or reliance on, the Site or its Content or Materials, regardless of whether negligence on the part of BOE/CLK may have caused or contributed to any loss or damage suffered by you as a result of using or relying upon the Site or its Content or Materials.  In no event under any theory of law, whether contract, tort, warranty or otherwise, shall BOE/CLK have any liability whatsoever to you for damages of any kind, as a result of your use of the Site.  You agree that you waive, and will not bring, any claim, demand or suit against BOE/CLK or any of its officers, directors, members, employees or affiliates arising out of your use of the Site or reliance on any information contained in, linked to the Site or sold on the Site. BOE/CLK specifically disclaims any warranties, express or implied, with regard to this website, its software and the information provided through the site, including but not limited to warranties of merchantability or fitness for a particular purpose.
You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the BOE/CLK website are used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.
Under no circumstances will BOE/CLK or its affiliates be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the Site and its content. In no event shall BOE/CLK or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the Site or this agreement, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions BOE/CLK or its affiliates liability is limited to the greatest extent permitted by law. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.
Additionally, nothing contained on this Site shall be construed as providing legal consult or advice to you. The information contained in this Site, the Material and products offered are subject to constant review due to constantly changing government requirements and regulations and every effort has been made to ensure the information contained herein is accurate. Neither the BOE/CLK nor its affiliates shall be held responsible for any loss or damage caused by errors, omissions, misprints or misinterpretation of the contents hereof.
No subscriber or user should act on the basis of any such information without referring to applicable laws and regulations and/or without seeking appropriate professional advice. Furthermore, BOE/CLK and its affiliates expressly disclaims any and all liability to any person or entity, whether a user or customer of this Site, purchased or not, in respect of anything done or omitted, and the consequences of anything done or omitted, by any such person or entity in reliance on the contents of this Site or its products.

Indemnification

You hereby indemnify to the fullest extent BOE/CLK from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms or in connection with your access, link to or use of this Site.

 
Variation of Terms

We are permitted to revise these Terms at any time as we see fit, and by using this Site you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Site.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between BOE/CLK and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Florida. You also agree to the exclusive personal jurisdiction and venue of the courts of Florida with regard to such matters.