Welcome to btmed.org. By using this site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should discontinue using this site. The term “btmed.org” or “us” or “we” or “our” refers to the Building Trades National Medical Screening Program (BTMed). BTMed is administed by CPWR – The Center for Construction Research and Training. CPWR, in partnership with Zenith American-Solutions, manages and operates the btmed.org website. The term “you” refers to the user or viewer of our Website.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content (including articles, text, presentations, video, audio content, visualizations, graphics, digital downloads and logos), organization, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. BTMed encourages the use of material found on this Site. However, you do not acquire ownership rights to any content, document or other materials viewed through the Site, and you may only copy, redistribute, use or publish any such matters or any part of the Site in accordance with BTMed’s proprietary rights. Please acknowledge BTMed when distributing and/or copying any material found on this Site.
3. Content Provided by Third Parties.
Some of the content on the site is the copyrighted work of third parties. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials, and in using those materials, you agree to respect those rights. Transmission or reproduction of protected items beyond that allowed by fair use as defined in the copyright laws requires the written permission of the copyright owners.
If you are providing content to be posted and disseminated on this Site, you are granting permission for any and all Site visitors to use said content according to the same rights and restrictions as apply to the use of our content, unless you provide us with information to include in the post that specifies additional restrictions on its use. Should you choose to change any content permissions after we have posted your material, you are responsible for updating us or requesting that the content be removed.
We reserve the right to decline content or to remove existing content at any time.
4. Service Marks.
www.btmed.org and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
5. Permitted Uses.
You are granted a non-exclusive, revocable license to use the Site for non-commercial purposes.
6. Restrictions and Prohibitions on Use.
Unless otherwise specified by us in writing, your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (b) create compilations or derivative works of any Content and Materials from the Site; (c) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (e) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (g) use any automatic or manual process to harvest information from the Site; (h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email, (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing, and (3) unsolicited telephone calls or facsimile transmissions; (i) use the Site in a manner that violates any state or federal law regulating the use of websites, email, facsimile transmissions or telephone solicitations; and (j) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
7. Disclaimer as to Warranties.
All information on this Site is provided on a non-exclusive license basis only for your non-commercial purposes.
Information contained on or made available through the Site is intended for general informational use only, and is not intended to and does not constitute legal or medical advice, recommendations, mediation or counseling under any circumstance. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to from the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. By using this Site, you are expressly agreeing that you are doing so at your sole risk.
8. Linking to the Site.
You may request links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
9. Endorsements.
This Site may contain references to organizations, commercial products, processes or services by trade name, trademark, manufacturer or otherwise. Such references do not constitute or imply any endorsement or recommendation by us. Views and opinions expressed on this Site may not be used for advertising or product endorsement purposes.
10. Errors, Corrections and Changes.
BTMed endeavors to keep the Site up-to-date and to correct any errors brought to our attention. However, we do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
11. Disclaimers as to Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
12. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
13. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from and against all claims arising from or in any way related to your use of the Site and/or Content and Materials, a violation by you of these Terms of Use, or any other action connected with your use of the Site, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees.
14. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 15(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, (e) any delay or failure in performance beyond the control of a Covered Party, (f) unauthorized access to or alteration of your transmissions or data, (g) statements or conduct of any third party on the Site, or (h) out of any other matter relating to the Site or its content.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
16. Use of Information.
We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
17. Third-Party Services.
We may allow access to or provide information about certain third-party product or service providers ("Providers") from which you may purchase and/or obtain certain goods or services. You understand that we do not operate or control the products or services offered by Providers. Providers are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Providers. You agree that use of or purchase from such Providers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND PROVIDERS OR FOR ANY INFORMATION APPEARING ON PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE.
18. Third-Party Provider Policies.
All rules, policies (including privacy policies) and operating procedures of Providers will apply to you while on any Provider sites. We are not responsible for information provided by you to Providers. We and the Providers are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
19. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review our Privacy Policy. [INSERT LINK]
20. Links to other Websites.
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and we do not investigate, monitor or check for the accuracy or completeness of such websites. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
21. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
22. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about organizations other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
23. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
24. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in the District of Columbia, and shall be governed by and construed in accordance with the laws of the District of Columbia (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
25. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the District of Columbia. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. The courts of the District of Columbia and/or the United States District Court for the District of Columbia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. BTMed reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
26. Contact Information.
If you have any questions or concerns regarding these Terms of Use or the Site, please visit our Contact Us page.
This Terms of Use is subject to amendment or modification at any time.
Revised June 8, 2021.