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Terms and Conditions -
Please Read
By accessing, and using the Site, SafetyNet Online ™, resources, news, and
information available on it, you agree to these terms. If, after reading these
terms, you do not agree with them, please do not use the Site.
IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. The SafetyNet Inc. service (“SafetyNet”) Also
referred to herein as (“The Service”) is owned and operated by SafetyNet Inc., . ("SafetyNet Inc."), and is provided to you ("You") under the ECO System’s
terms and conditions ("Terms"). BY CHOOSING
“I ACCEPT THIS AGREEMENT”
(THE AGREEMENT PROCESS), YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND
THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
SECTIONS SET FORTH BELOW. If you do not agree to these Terms you may not use the
Service. SafetyNet Inc. reserves the right, at its sole discretion, to change,
modify, add, or delete portions of these Terms at any time in accordance with
the procedures set forth below in the section labeled "Modifications" without
notice to you.
Restriction of use
As a License holder, you may not, and you may not permit others to: (a)
Disassemble, decompile or otherwise derive content or source code from
SafetyNet;
(b) Use
SafetyNet
in any manner that infringes the intellectual property or other rights of
another party; (c) Use
SafetyNet
to prepare work products, documents or reports for any party outside of your
organization unless you have a Commercial Use License; (d) Distribute
SafetyNet
content in an electronic or other multi-copy format
(e) You may not allow others to access
SafetyNet
using your Password or User Name.
Registration
To use the Service, You must submit a complete SafetyNet Inc.
registration form ("Registration Form"), which is available on the SafetyNet
Inc. web site ("Site") and can be downloaded from https://www.safebiz.info As
part of the registration process for the Service, You agree to: (i) provide certain limited information
about You as prompted to do so by the Site (such information to be current,
complete and accurate) and (ii) maintain and update this information as required
to keep it current, complete and accurate. The information requested at the time
of the original signup shall be referred to as registration data ("Registration
Data"). If SafetyNet Inc. discovers that any of Your Registration Data is
inaccurate, incomplete or not current, SafetyNet Inc. may terminate
Your right to access and receive the
Service immediately upon notice. SafetyNet Inc. will review the registration
application and will notify
You regarding acceptance or rejection.
SafetyNet Inc. may reject a registration application if it determines, in its
sole discretion that the user is not an appropriate subscriber or user of the
Service. SafetyNet Inc. reserves the right to refuse the Service to any user who
has canceled previous Service accounts. SafetyNet Inc. need not provide a reason
for its rejection. If SafetyNet Inc. rejects
Your application, You may thereafter reapply and SafetyNet Inc. will
reconsider Your application. You may not register for the Service if
You are under 18 years of age. By registering for the Service You
represent to SafetyNet Inc. that You are 18 years of age or older. Upon
acceptance of this agreement and completion of the registration process
You will have opened an account with SafetyNet Inc. and will become a
subscriber to the Service.
Conduct
You are solely responsible for the content of
Your transmissions through the Service. SafetyNet Inc. does, however,
reserve the right to take any action with respect to the Service and/or the Site
that SafetyNet Inc. deems necessary or appropriate in SafetyNet Inc.’ sole
discretion. Your use of the Service is subject to the end user license agreement
set forth below and all applicable local, state, national and international laws
and regulations (Including without limitation those governing account
collection, export control, consumer protection, unfair competition,
anti-discrimination or false advertising). You agree: (i) to comply with all United States laws, rules and other
regulations applicable in connection with the Service; (ii) not to post,
distribute, or otherwise make available or transmit any software or other
computer files that contain a virus or other harmful component; (iii) not to use
the Service for illegal purposes; (iv) not delete from the Site any legal
notices, disclaimers, or proprietary notices such as copyright or trademark
symbols, or modify any logos that you do not own or have express permission to
modify;(v) not to interfere or disrupt networks connected to the Service; or
interfere with any other party's use and enjoyment of any Services; (vi) not to
attempt to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any SafetyNet Inc. Server or to any of the
Services through hacking, password mining or any other means; (vii) not to
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Services; (viii) not to use the Service
to infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; and (ix) not to
transmit through the Service, any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature.
Modifications
SafetyNet Inc. may amend these Terms at any time by (i) posting a revised Terms of Service document on
https://www.safebiz.info and/or (ii) sending information regarding the Terms
amendment to the email address
You provide to SafetyNet Inc.. You are
responsible for regularly reviewing the https://www.safebiz.info site to obtain
timely notice of such amendments. You manifest intent to accept these amended
terms if
You continue to use the Service and/or
access Your membership account after such amended terms have been posted or
information regarding such amendment has been sent to You. Otherwise, these
Terms may not be amended except in writing signed by both parties. Further,
SafetyNet Inc. reserves the right to modify or discontinue the Service with or
without notice to
You. SafetyNet Inc. shall not be liable to
You or any third party should SafetyNet
Inc. exercise its right to modify or discontinue the Service.
Passwords and Security
As part of the registration process,
You must use Your email address
as Your user name and be assigned an administrator password for access to Your
account. You will also be given upon request additional passwords for
administrator, power user and user level access. There is certain confidential
information that only the administrator/s will have access to. Power users will
not have access to posted accident investigations or employee discipline.
You agree to carefully safeguard all of
Your passwords. You are solely responsible if
You do not maintain the confidentiality of Your passwords and account
information. Furthermore,
You are solely responsible for any and all
activity that occurs under Your account. You agree to immediately notify
SafetyNet Inc. of any unauthorized use of
Your account or
any other breach of security known to You, including if You believe that Your
password or account information has been stolen or otherwise compromised. Access
to and use of password protected and or secure areas of the Site is restricted
to authorized users only. Unauthorized individuals attempting to access these
areas of the Site may be subject to prosecution.
SafetyNet Inc. is not liable for any loss incurred by you,
resulting from another’s use of your password or account, either with or without
your knowledge. However, you may be held liable for losses incurred by SafetyNet
Inc. or another party due to another’s use of your account or password. You
shall not use someone else’s account at any time, without the permission of the
account holder.
SafetyNet Inc., the creator of SafetyNet Inc., will never send
you an email asking for your SafetyNet Inc. username and password or your
Windows username and password. To keep your SafetyNet Inc. remote access secure,
keep your usernames and passwords confidential.
End User License Agreement
This end user license agreement is a right and license allowing
You to use the Service under certain restrictions, terms and
conditions (the "License Agreement"). By downloading the software or by
registering for the Service, you are consenting to be bound by and are a party
to the License Agreement. SafetyNet Inc. is not transferring title to the
software to you.
The software is made
available
solely for use by You according to the
License Agreement. Any reproduction or redistribution of the software not in
accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
You acknowledge that the anything in connection with the Service is
proprietary to SafetyNet Inc. and may be protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Therefore,
You are only permitted to use the software
as expressly authorized by SafetyNet Inc. and these Terms. You may not remove
any proprietary notices or labels from the software. You may copy the software
for archival purposes only, provided any copy must contain all of the original
software's proprietary notices. However,
You may not redistribute, sell, auction, decompile, reverse engineer,
disassemble or otherwise reduce the software to a human-readable form. Further,
SafetyNet Inc., associated logos, and other names, logos, icons and marks
identifying SafetyNet Inc.'s products
and services are trademarks or service marks of SafetyNet Inc. and may not be
used without the prior written permission of SafetyNet Inc.. All other product
names mentioned are used for identification purposes only and may be trademarks
of their respective holders. You may not, reproduce (except for archival
purposes), distribute or create derivative works based on the software without
expressly being authorized to do so by SafetyNet Inc.. Further,
You may not alter, modify, or otherwise attempt to derive source code
from the software or rent, lease, grant a security interest in or otherwise
transfer rights to the software All rights not expressly granted in these Terms
are reserved to SafetyNet Inc..
Disclaimer of Warranties
Due to the constantly changing nature of government regulations, it is
impossible to guarantee the total and absolute accuracy of the material
contained herein. SafetyNet Inc. cannot and does not assume any
responsibility for omissions, errors, misprinting or ambiguity contained on this
site, the products and services described herein.
SafetyNet Inc.
, shall not be held liable in
any degree for any loss, damage or injury caused by any such omission, error,
misprinting or ambiguity present on this site, the products and services
described herein, Member File Exchange content, or the content of referral sites
and the product and services described therein.
This site, the products and services described herein and referral sites are
designed to provide reasonably accurate and authoritative information in regard
to the subject matter covered. It is made available with the understanding that
SafetyNet Inc. is not engaged in rendering legal, accounting or other
professional service. If legal advice or other expert service is required, the
services of a competent professional should be sought.
All Client files are scanned with the latest virus software before they are
posted to the site. The File cabinet is a feature of
SafetyNet
that allows users to submit files for posting and allows other users to download
or print this content. While SafetyNet Inc. makes every attempt to ensure all
files are virus-free, SafetyNet Inc. makes no warranty concerning the
appropriateness or safety of client files. As with any file you download from
the internet, you must understand this risk, take precautions, and understand
that SafetyNet Inc. assumes no responsibility for any damages or liability,
including but not limited to, hardware or software failure caused as a result of
downloading an infected file.
The transmission, storage, viewing and retrieval of data and files through the
World Wide Web
is subject to a variety of
conditions that make such transmission, storage, viewing and retrieval
potentially unreliable. We strongly recommend that you backup (Save To your Hard
Disk) your files and data on a regular basis and not rely solely on
SafetyNet
to be your lone storage on your compliance files. You must keep certain records
and documentation on hand at your facility for inspection from government
agencies or employees. Employee information such as accident and discipline
investigations and documentation should be kept as hard copies in the respective
files. ACCORDINGLY, YOU’RE USE OF YOUR
ACCOUNT AND THE SERVICE IS AT YOUR SOLE
RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS.WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE.
Data Security/Backups
Your company information is protected for your privacy and
security.
SafetyNet Inc. safeguards the security and confidentiality of the
data you send us with physical, technical, and managerial procedures. Please be aware that, despite out best
efforts, no backup or security measures are perfect or impenetrable.
While we
strive to protect your personal information, we cannot ensure the security of
the information you transmit to us, and so we urge you to take every precaution
to protect your personal data when you are on the Internet.
Change your passwords often, use a combination of letters and numbers,
and make sure you use a secure browser. Keep backup copies of your files and
documents to insure you comply with all state and federal requirements for
record keeping and documentation.
Limitation of Liability
SafetyNet Inc. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, OR IDENTAL DAMAGES INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE,
LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR
ANY SafetyNet Inc. PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCE, LUDING BUT NOT
LIMITED TO NEGLIGENCE, SHALL SafetyNet Inc. BE LIABLE FOR DAMAGES RESULTING FROM
USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENT ON THIS SITE, EVEN IF
SafetyNet Inc. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT SHALL SafetyNet Inc. TOTAL LIABILITY TO YOU FROM ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT YOU PAID TO SafetyNet Inc., IF ANY, FOR THE SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
Title
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site, are registered and unregistered Trademarks
of SafetyNet Inc. and others. Nothing contained on this site should be construed
as granting, by implication,
or otherwise, any license or right to use
any Trademark displayed on the Site without the written permission of SafetyNet
Inc. or such third party that may own the Trademarks displayed on the Site. Your
misuse of the trademarks displayed on the Site, or any other content on the
Site, except as provided in these Terms is strictly prohibited. You are also
advised that SafetyNet Inc. will aggressively enforce its intellectual property
rights to the fullest extent of law, including the seeking of criminal
prosecution.
Termination
These Terms are effective until terminated by either
You or us. SafetyNet Inc. may immediately terminate
Your subscription and right to use the. Service and software if (i) You breach these Terms; (ii) SafetyNet Inc. is unable to verify
or authenticate any information You provide to SafetyNet Inc.; (iii) such
information is inaccurate; or (iv) SafetyNet Inc. decides, in its sole
discretion, to discontinue offering the Service. SafetyNet Inc. shall not be
liable to
You or any third party for termination of
the Service. You may terminate
Your subscription and end Your use of the
Service at any time, for any reason or for no reason. Upon termination of
Your subscription, You shall remain liable for all fees incurred or
accrued by You and any fees you may have paid in advance are nonrefundable. Upon
expiration or termination for any reason,
You are no longer authorized to use the Service or software. When this
Agreement is terminated and/or
Your
subscription is canceled, You will no longer have access to data and other
material You have stored on the Site and that material may be deleted by
SafetyNet Inc..
Indemnification
You are responsible for maintaining the confidentiality of your
account and password(s). You are also responsible for all activities that occur
under your account. You hereby agree to indemnify, defend and hold SafetyNet
Inc. and its affiliates, officers, directors, owners, information providers,
agents, licensees, licensors (“The Indemnified Parties”) harmless from and
against any and all liabilities, claims, costs, including reasonable attorneys’
fees, incurred by The Indemnified Parties in connection with any demand, claims,
action, suit, or loss arising as a result of any breach by you of these terms of
use or claims arising from your account. You agree to use your best efforts to
cooperate with SafetyNet Inc. in the defense of any demand, claim, action or
suit. SafetyNet Inc. reserves the right to assume the exclusive defense of any
matter subject to indemnification by you at ECO System’s own expense.
Limitation on Copying
ALL CONTENT ON THIS SITE IS PROTECTED BY COPYRIGHT. EXCEPT AS
SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE
REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM
SafetyNet Inc.. YOU, OR ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY,
DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND
ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
Export Law Assurances
The Service and software from this Site is further subject to
United States Export Controls. No Service or software from this Site may be
downloaded or exported (i). into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which
the United States has embargoed goods; or (ii).
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
subscribing to the Service or using the software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
Charges, Returns & Refunds
Your
SafetyNet
account
gives you uninterrupted access to your records. To keep this promise, SafetyNet
Inc. will charge your credit card automatically initially and each month
thereafter for each your subscription and for any one time setup fees applicable
to the setup of your account unless SafetyNet Inc. has agreed to a net 30
billing option.
Refunds will only be given at the discretion of the management of
the Licensor.
Miscellaneous
These terms shall be governed by and construed in accordance with
the laws of the State of California and the laws of the United States, without
giving effect to any principles of conflict of law. You agree that any action at
law or in equity arising out of or relating to these Terms shall be filed only
in the state or federal courts located in Riverside
California, and You hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any of the
provisions of these Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions.
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