TERMS & CONDITIONS
ACCEPTANCE OF TERMS.
REGISTRATION AND MEMBER INFORMATION.
RENEWAL & CANCELLATION
USE AND PROTECTION OF USERNAME AND PASSWORD.
You are responsible for maintaining the confidentiality of your account Username(s) and password(s). You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password(s) or Username(s) assigned to you, or any breach of security through your Member’s account, then you shall notify SafetyWerx immediately in writing and send the information at email@example.com.
LIMITED COPYRIGHT LICENSE.
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, SafetyWerx and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of SafetyWerx.
USE OF MEMBER INFORMATION.
LINKS TO OTHER INTERNET WEB SITES.
This Site may contain links to third-party Web sites that are not under the control of SafetyWerx. SafetyWerx makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of SafetyWerx Associates. When you access a non-SafetyWerx Web site, you do so at your own risk and SafetyWerx is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. SafetyWerx provides these links merely as a convenience and the inclusion of such links does not imply that SafetyWerx endorses or accepts any responsibility for the content or uses of such Web sites.
MEMBER OBLIGATIONS AND WARRANTIES.
You may use the Site in accordance with this Agreement. You undertake and warrant that the use of the Site by you and the Member Content you post on the Site, shall not: (i) be false, inaccurate or misleading, (ii) be fraudulent or involve the sale of counterfeit or stolen items (iii) be defamatory, libelous, obscene, excessively violent, scandalous, unlawfully threatening or unlawfully harassing, (iv) contain viruses or other contaminating or destructive features, (v) violate the personal, proprietary, or intellectual property rights of any third party, or (vi) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising). A Member shall use SafetyWerx only for the direct benefit of such Member’s internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on the Site, you may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member’s employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, you shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information. You shall not share, rent, or sublicense any of its rights under this Agreement to any other party.
WARRANTIES AND DISCLAIMERS.
You shall, at your own expense, indemnify, defend, and hold SafetyWerx and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and another Member or between you and any third party, (b) based on or caused by unauthorized access to the Site through Member’s account, (c) is based on facts or alleged facts that would constitute a breach of any of Member’s representations, warranties, or covenants under this Agreement, or (d) arising out of a request for SafetyWerx to remove or disable access to any Member Content in or on the Site. You shall not enter into a settlement of the foregoing without SafetyWerx’s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from SafetyWerx. By using this site you acknowledge that, SafetyWerx has no control over the quality, safety, legality or accuracy of Member Content, the ability of sellers to sell items or the ability of buyers to pay for items. SafetyWerx cannot ensure that a buyer or seller will actually complete a transaction. As a result, in the event that you have a dispute with one or more Members, you shall release SafetyWerx and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Agreement constitutes the entire agreement between you and SafetyWerx with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and SafetyWerx, subject to any specific agreement governing Services subscribed by you through this Site. This Agreement may be modified only by a signed agreement, or as follows: SafetyWerx may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If you continue to use the Materials, Services, or Site, then you will be considered to have accepted the modifications.
SafetyWerx’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. SafetyWerx will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of SafetyWerx including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities. The parties agree that this Agreement shall be written in English only.
GOVERNING LAW AND JURISDICTION.
This Site (excluding linked sites) is controlled by SafetyWerx.,from its offices within the Province of Ontario, Canada. By accessing this Site, you and SafetyWerx agree that the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and SafetyWerx also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of the Province of Ontario with respect to such matters. SafetyWerx makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.