Terms | NMM

Terms of Use

Please read these Terms of Use before using www.nearmissmgmt.com (“the Site”) operated by Near-Miss Management LLC (“us”, “we”, or “our”). By accessing this site, you acknowledge and accept these terms.

Unless otherwise noted, all information, text, articles, data, images, screens, web pages or other materials (collectively hereinafter referred to as the “Materials”) appearing on this Site are the exclusive property of Near-Miss Management LLC or others as indicated and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may copy information from this Site for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as they appear on the pages copied. The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms of use without the express written permission of Near-Miss Management LLC. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise. Near-Miss Management, Dynamic Risk Analyzer, BatchDRA, Fault Trees, Sloping Trend, Operating Fitness, Hidden Near-Miss, Real-time Leading Signal Generator, Alarm Fitness, www.nearmissmgmt.com, etc. are trademarks, service marks and/or registered trademarks of the Near-Miss Management LLC in the United States and certain other jurisdictions. All other trademarks and service marks that appear in these pages are the property of their respective owners and are used solely to refer to those companies’ goods and services.

Disclaimers of Warranties

Near-Miss Management LLC does not warrant that the function or operation of this Site will be uninterrupted or error-free, that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our site. This Site may contain information provided by third parties; Near-Miss Management LLC makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information and is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. While efforts have been made to ensure the accuracy of the information on this Site, it should not be treated as the basis for formulating business decisions without professional advice. In legal matters, no publication whether in written or electronic form can take the place of professional advice given with full knowledge of the specific circumstances of each case and proficiency in the laws of the relevant country.

THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND NEAR-MISS MANAGEMENT LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS. NEAR-MISS MANAGEMENT LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Liability

Neither Near-Miss Management LLC nor any of its officers, members, directors, or other representatives will be liable for any damages, special, consequential or otherwise, arising out of or in connection with the use of this site or any information contained herein even if advised of the possibility thereof. This limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, loss of data, income or profit, loss of or damage to property and claims of third parties. You agree that you will not make any claim against Near-Miss Management LLC for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.

Submissions

Near-Miss Management LLC is under no obligation to respond to all pieces of correspondence received through this Site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Near-Miss Management LLC through this Site shall become and remain the property of Near-Miss Management LLC. Any such submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.

Links to Third Party Sites

Near-Miss Management LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The inclusion of any such link on the Site does not imply Near-Miss Management LLC’s endorsement of the site, the organization operating such site, or any products or services of that organization. Under no circumstances will Near-Miss Management LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

Governing Law

These terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to any principles of conflicts of law.

Complete Agreement

These terms and conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Near-Miss Management LLC reserves the right to revise these terms and conditions at any time without notice by updating this posting. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of this Agreement or any changes to this Agreement, please do not use, access or continue to access the Site or discontinue any use of the Site immediately.

If you have any questions about these Terms of Use, please contact us via telephone at 267-603-2378 or via email at info@nearmissmgmt.com.

Updated January 1, 2024