SAFETY USERS GROUP, INC. WEBSITE
MICRO-COMMUNITY+
TERMS OF SERVICE (TOS)
Version 1.1
May 1, 2002
The following are the terms and conditions for use of SAFETY USERS GROUP, INC.'s Website("Website"). PLEASE READ THEM CAREFULLY. BY CLICKING THE "I AGREE" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AND OTHER MEMBERS OF YOUR COMPANY THAT MAY USE THE Website (collectively "the Client") AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH BELOW, PLEASE EXIT THIS WEBSITE THROUGH YOUR BROWSER.
The access to and use of the Website is offered to the Client conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. CLIENT ACCOUNT, PASSWORD, AND SECURITY
To open an account, an authorized representative of the Client must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. The representative then will choose an account name and password.
You are entirely responsible for maintaining the confidentiality of your username, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SAFETY USERS GROUP, INC. immediately of any unauthorized use of your account or any other breach of security.
As the individual reading and accepting this agreement, you agree to be the Administrative User for the Client's account with SAFETY USERS GROUP, INC. The Administrative User has the power to create and maintain user accounts associated with the Client's account. You will be asked to choose usernames and passwords for other accounts associated with the Client's account. Said accounts will be governed by the same terms as described in the second paragraph of this section.
2. CLIENT PRIVACY
It is SAFETY USERS GROUP, INC.'s policy to respect the privacy of its members SAFETY USERS GROUP, INC. will not monitor, edit, or disclose any personal information about the Client or the Client's use of the Website, including its contents, without the Client's prior permission unless SAFETY USERS GROUP, INC. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SAFETY USERS GROUP, INC.; (3) enforce the TOS; or (4) act to protect the interests of its clients or others. The Client agrees that SAFETY USERS GROUP, INC. may access the Client's account, record of Website use, and other data, as stated above or to respond to service or technical issues.
3. CLIENT CONDUCT
As a condition of the Client's use of the Website, the Client warrants to SAFETY USERS GROUP, INC. that the Client will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Website is provided to companies and individuals acting on behalf of a company only (collectively "Clients") and is for commercial use only. Any unauthorized use of the Website, or the resale of its services, is expressly prohibited.
The Client agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under the Client's account or password. By way of example, and not as a limitation, the Client agrees not to:
SAFETY USERS GROUP, INC. has no obligation to monitor any Client's use of the Website. However, SAFETY USERS GROUP, INC. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. DISCLAIMERS/LIMITATION OF LIABILITY
SAFETY USERS GROUP, INC. and its respective vendors and suppliers may make improvements or changes to the Website at any time.
SAFETY USERS GROUP, INC. does not represent or warrant that access to the Website will be uninterrupted, or that the Website will be error-free, or that the Website or the server that makes it available, are free of viruses or other harmful components. SAFETY USERS GROUP, INC. does not warrant or represent that the Client's use or the results of the Client's use of the Website or the data, information or materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable.
The Client specifically agrees that SAFETY USERS GROUP, INC. shall not be responsible for unauthorized access to or alteration of data, any material or data sent or received or not sent or received, or any transactions entered into through the Website. The Client specifically agrees that SAFETY USERS GROUP, INC. is not responsible for any content sent using or included in the Website by any third party.
SAFETY USERS GROUP, INC. AND ITS RESPECTIVE VENDORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENTS OF THE WEBSITE FOR ANY PURPOSE. THE WEBSITE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAFETY USERS GROUP, INC. AND ITS RESPECTIVE VENDORS AND SUPPLIERS OF WEBSITE CONTENT HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SAFETY USERS GROUP, INC. OR ITS RESPECTIVE VENDORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ANY DATA, BUSINESS OPPORTUNITIES, PROPERTY, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE OR ANY RELATED WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR ANY RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY VIRUS OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFETY USERS GROUP, INC. OR ANY OF ITS VENDORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND ITS RELATED WEB SITES.
5. INDEMNIFICATION
The Client agrees to indemnify, defend and hold SAFETY USERS GROUP, INC., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the Client's use of the Website.
6. INVOICES
SAFETY USERS GROUP, INC. bills its clients on a monthly basis for the Website, when membership level is subject to a charge. The invoice payment is due upon receipt of the invoice. Invoices are delivered via electronic mail on the 1st of each month to the person who originally signed up for the Website and agrees to these terms of service. The invoice amount is determined based on the client's prior month's usage, but is payment for continued use in the coming month. If payment for the invoice delivered on the 1st day of the month is not received by the 15th day of the same month, the Client's access to use of the Website will be temporarily suspended. The Client's use and access will be reinstated if payment is received by the last day of the month. If payment for the invoice delivered on the 1st day of the month is not received by the last day of the same month, the Client's access to and use of the Website will be terminated.
7. SECURITY
The Client specifically agrees that the Internet is an inherently insecure medium for the transmission of data and intellectual property. At any time, the Client's access to the Website may be monitored, eavesdropped upon, redirected or otherwise tampered with by a third party. SAFETY USERS GROUP, INC. has put reasonable measures in place to prevent third parties from maliciously interfering with access to the Website. However, SAFETY USERS GROUP, INC. makes no claims as to the effectiveness of said measures in preventing third parties from illegally obtaining information provided by Client, or from denying access to the Website by a Client.
8. TERMINATION
SAFETY USERS GROUP, INC. may terminate the Client's access to any part or all of the Website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including failure to pay the monthly service fee.
Upon termination of the Client's access to the Website, the Client's right to use the Website immediately ceases. If the Client wishes to terminate its account, its only recourse is to discontinue the use of the Website.
9. SAFETY USERS GROUP, INC.'S PROPRIETARY RIGHTS TO CONTENT
The Client acknowledges that content, including but not limited to text, code, software, sound, video, graphics or other material made available to the Client by SAFETY USERS GROUP, INC. or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Client may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way the Website or its associated websites, including code and software.
10. MODIFICATIONS TO TERMS OF SERVICE, CLIENT POLICIES
SAFETY USERS GROUP, INC. reserves the right to change this TOS or policies regarding the use of the Website at any time and to notify the Client by posting an updated version of the TOS on this Web site. The Client is responsible for regularly reviewing the TOS. Continued use of the Website after any such changes shall constitute the Client's consent to such changes.
11. GENERAL
This agreement is governed by the laws of the State of California, and the United States of America. Any disputes that arise under this agreement that require judicial action shall only take place in the County of Orange, State of California. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Client agrees that no joint venture, partnership, employment, or agency relationship exists between the Client and SAFETY USERS GROUP, INC. as a result of this agreement or use of the Website. SAFETY USERS GROUP, INC.Õs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SAFETY USERS GROUP, INC.'s right to comply with governmental, court and law enforcement requests or requirements relating to the Client's use of the Website or information provided to or gathered by SAFETY USERS GROUP, INC. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Client and SAFETY USERS GROUP, INC. with respect to the Website (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior on contemporaneous communications and proposals, whether electronic, oral or written, between Client and SAFETY USERS GROUP, INC. with respect to the Website. The Client and SAFETY USERS GROUP, INC. agree that any cause of action arising out of or related to this Service must commence with six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. The individual reading and accepting this agreement represents and warrants that he or she has the right, power, legal capacity and authority to accept the agreement and bind the Client to its terms.