Shift Logo

Terms Of Use

Open Access

The Shift: Global EHS Research to Practice journal is an open access journal.

Articles are published under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 public license (“CC BY-NC-ND 4.0 License”).

While authors retain copyright and full publishing rights without restrictions in their works, the CC BY-NC-ND 4.0 License allows users to copy and redistribute the material in any medium or format, subject to the following:

  • Attribution: You must give appropriate attribution as described in the CC BY-NC-ND 4.0 License, provide a link to the CC BY-NC-ND 4.0 License, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • Noncommercial: You may not use the material for commercial purposes.
  • No Derivatives: If you remix, transform, or build upon the material, you may not distribute the modified material.
  • No Additional Restrictions: You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits

Please note that the above brief summary only highlights some of the key features and terms of the CC BY-NC-ND 4.0 License. To ensure compliance with such license, you should review all of the terms and conditions of the CC BY-NC-ND 4.0 License before using the aforementioned material. The CC BY-NC-ND 4.0 License can currently be found at: https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode.en.

Website Terms of Use

These terms of use are between you and the Board of Certified Safety Professionals, an Illinois corporation with a principal address of 8645 Guion Road, Indianapolis, Indiana 46268 (“Company,” “we,” “us,” or “our”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the SHIFT GLOBAL EHS RESEARCH TO PRACTICE website, <shiftr2p.com>, including any content, functionality, and services offered on or through the SHIFT GLOBAL EHS RESEARCH TO PRACTICE website (the “Website”).

Please read the Terms of Use carefully before you start to use the Website.

By using the Website, you accept and agree to be bound and abide by these Terms of Use, which includes our Privacy Policy (found at https://shiftr2p.com/privacy-policy), and the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 public license (found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode.en), both of which are incorporated herein by reference and will form a part of these Terms of Use as if set forth herein in their entirety. If you do not want to agree to these Terms of Use, you must not access or use the Website.

The parties hereby agree as follows:

Terms

Governance of Terms of Use

The Terms of Use govern your access to and use of the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. All information you provide to register with this Website or otherwise is governed by our Privacy Policy found at https://shiftr2p.com/privacy-policy, which is incorporated herein by reference and will form a part of these Terms of Use as if set forth herein in their entirety. You consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you shall not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You shall not provide any other person with access to this Website or portions of it using your username, password, or other security information. You shall notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You shall ensure that you exit from your account at the end of each session.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality, including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Reports, articles, case studies, guides, and student posters are accessible for you to use subject to the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 public license (“CC BY-NC-ND 4.0 License”), which in short allows users to copy and redistribute the material in any medium or format, subject to the following:

  • Attribution: You must give appropriate attribution as described in the CC BY-NC-ND 4.0 License, provide a link to the CC BY-NC-ND 4.0 License, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • Noncommercial: You may not use the material for commercial purposes.
  • No Derivatives: If you remix, transform, or build upon the material, you may not distribute the modified material.
  • No Additional Restrictions: You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits

The CC BY-NC-ND 4.0 License is incorporated herein by reference and will form a part of these Terms of Use as if set forth herein in their entirety. Please note that the above brief summary only highlights some of the key features and terms of the CC BY-NC-ND 4.0 License. To ensure compliance with such license, you should review all of the terms and conditions of the CC BY-NC-ND 4.0 License before using the aforementioned material. The CC BY-NC-ND 4.0 License can currently be found at: https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode.en.

Company reserves all rights not expressly granted under these Terms of Use.

Trademarks

SHIFT, SHIFT GLOBAL EHS RESEARCH TO PRACTICE, ,  BOARD OF CERTIFIED SAFETY PROFESSIONALS, BCSP, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You shall use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation, including

without limitation any laws regarding the export of data or software to and from the US or other countries; (ii) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including without limitation by using email addresses associated with any of the foregoing; (iii) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (iv) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including without limitation monitoring or copying any of the material on the Website; (v) use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in these Terms of Use without our prior written consent; (vi) use any device, software, or routine that interferes with the proper working of the Website; (vii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (ix) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (x) otherwise attempt to interfere with the proper working of the Website.

Enforcement; Termination

We have the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (ii) to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone suspected of violating these Terms of Use; and (iii) terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Author Submissions

Author submissions, such as reports, articles, case studies, guides, and student posters, that are provided to Company by an author for publication in Company’s materials (such as in the Shift: Global EHS Research to Practice Journal or the SHIFT GLOBAL EHS RESEARCH TO PRACTICE website) are governed by a separate copyright license agreement between Company and the author.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING  OF ANY MATERIAL POSTED OR AVAILABLE ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including without limitation any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

This agreement is governed by, and construed in accordance with, the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Indiana. Any legal suit, action or proceeding arising out of or relating to this agreement will only be instituted in the federal courts of the United States located in the Southern District of the State of Indiana or, only if there is no federal subject matter jurisdiction, the courts of the State of Indiana in Marion County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and acknowledge that such courts are a convenient forum for resolution of all such disputes. In the event that legal action is instituted between the parties in connection with this agreement, each party will be entitled to recover from the losing party interest on any monetary award and its costs and expenses of litigation, including court costs and reasonable attorneys’ fees, as to that part of the legal action for which it prevails.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Company regarding your access to and use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your access to and use of the Website.