CT (203) 333-6870 | RI (401) 539-1016 | NY (516) 333-0489 info@safetymarking.net

Terms of Use

Effective: October 1, 2023

These Terms of Use create a legal agreement between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Safety Marking LLC (“Safety Marking,” “us,” “we,” or “our”) governing your use of this website (the “Website”), our social media pages, the services that we provide to our customers, and other online or offline interactions (the foregoing collectively referred to as “Services”). 

  1. Acceptance of Terms

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW.  IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE OR ASSOCIATED SERVICES, AND PLEASE EXIT THE WEBSITE NOW.

IF YOU ARE ENTERING INTO THESE TERMS WITHIN THE SCOPE OF YOUR EMPLOYMENT OR CONTRACT WITH AN ENTITY (E.G., A CORPORATION, LIMITED LIABILITY COMPANY OR PARTNERSHIP), (A) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS, AND (B) “YOU,” AS USED IN THESE TERMS, REFERS TO YOU AND THAT ENTITY.

  1. Privacy Policy

In addition to these Terms of Use, your use of the Website (and of any services offered by Safety Marking) is governed by our Privacy Policy.  You agree that our collection, use and sharing of: (a) any personal information will be as set forth in the Privacy Policy, which may be amended by us from time to time; and (b) any information other than personal information shall not be restricted by the terms of the Privacy Policy.  The Privacy Policy and any posted terms or guidelines or legal disclaimers on the Website are hereby incorporated by reference into these Terms of Use.  Please be advised that transmission of messages over the Internet cannot be guaranteed to be completely secure, and we therefore cannot guarantee the security and confidentiality of the emails that you send to or receive from Safety Marking.

  1. Communications

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters and other news and information we think will be of interest to you. You may opt out of receiving these emails at any time by following the unsubscribe instructions provided therein.

  1. Restrictions on Use

When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website, except in accordance with Section 5 of these Terms of Use and (c) accessing data not intended for you.  By accessing the Website, you also agree as follows:

  • You represent and warrant that you are legally entitled to enter into these Terms of Use and to use the Website.
  • You represent and warrant that you are at least 18 years old. 
  • You shall comply with all federal, state and local laws of each location in which you access the Website.
  • You shall be solely responsible for all data, text, links, video files, photos or any other content that you transmit to us or other users through the Website or by emailing us (collectively, the “User Materials”).
  • You represent and warrant that all User Materials shall be your wholly original material (or, if not, that you have acquired all necessary consents to share such User Materials) and do not infringe or violate any intellectual property rights, privacy rights or publicity rights.
  • You represent and warrant that no User Materials: (i) are defamatory, hateful, threatening, pornographic, obscene, abusive, harassing, offensive or libelous or (ii) contravene any contract, agreement or other arrangement or the laws of any applicable jurisdiction.
  • You shall be solely responsible for keeping a duplicate copy of all User Materials; Safety Marking does not accept any responsibility or liability for the loss of your User Materials.
  • You shall not transmit worms, viruses or any code of a destructive nature to Safety Marking, other users or the Website.
  • You shall not abuse, harass, threaten, harm or impersonate other Safety Marking users, clients, attorneys or employees at any time or for any reason.
  • You shall not attempt to violate or circumvent any security measures employed by the Website.
  • All content, information and links presented on this Website are for informational purposes only.  All information on the Website is subject to change.
  • Except as expressly provided in these Terms of Use, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.  You may not distribute, modify, transmit, reuse, download, repost, copy or use said information or content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Safety Marking.

Certain pages of our Website (such as our Learning Academy pages) require a user ID and password that you will create (your “Account”).  You are responsible for maintaining the confidentiality of your Account, and you are fully and solely responsible for all activities that occur under your Account.  It is up to you to take adequate precautions with your Account, and to immediately notify Safety Marking of any unauthorized use of your Account.

Any use of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website (including your Account).  Furthermore, we reserve the right to deactivate or suspend use of the Website for any reason or no reason.  We also reserve the right to bring legal action against you for any loss or damage that Safety Marking may suffer as a result of your violation of the Terms of Use.

  1. Intellectual Property

The intellectual property in the Website is owned by Safety Marking and its licensors, and is protected by copyright, trademark and other laws of the United States. Subject to these Terms of Use, Safety Marking grants to you a limited, revocable, non-exclusive and personal license to access, view, download and print information on the Website solely for noncommercial and informational purposes (and without the right to modify). You may not remove or obscure any copyright or permission notices provided on any Website materials.  For clarity, this license does not extend to our trademarks, which may not be used by you without our prior written consent.  This includes the words “Safety Marking,” “SMC,” and associated logos, each of which are our trademarks.  To the extent you provide any User Materials, you hereby grant Safety Marking a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Materials when operating the Website and for Safety Marking’s internal business purposes.  You otherwise retain rights in such User Materials.

  1. Limitation of Liability; Disclaimers

The Website is provided to you “as is,” and your access and use of the Website is at your own risk. To the extent permitted by the law and rules of professional responsibility in the applicable jurisdiction, Safety Marking disclaims: (i) all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third party rights, quiet enjoyment and uninterrupted or error free operation; (ii) all liability for any lost profits or income, lost business or lost data, or for any consequential, indirect, exemplary, punitive, special or incidental damages arising from or relating to the Website; (iii) all liability arising out of any decisions you make based on information contained on the Website, which may not be accurate or up to date and may be changed at any time; and (iv) all liability arising out of your use of any third-party websites or services that are linked to or within the Website, as Safety Marking has no control over, and assumes no responsibility for, the content, privacy policies (if any) or practices of any such third-party websites or services.

  1. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will endeavor to notify you of such changes (e.g., by email or an alert on the Website for a period of time). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

  1. Governing Law; Venue

These Terms of Use shall be governed and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.  All legal proceedings will be brought solely in Bridgeport, CT, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. 

  1. Indemnification

You shall defend, indemnify and hold harmless Safety Marking and its affiliates, related companies, licensees and licensors, and their employees, contractors, agents, investors, officers and directors (collectively, the “Company Entities”), from and against any and all claims, damages, obligations, losses, liabilities, settlements, awards, penalties, costs or debt, and expenses (including but not limited to expert and attorney’s fees), resulting from or arising out of: (a) your use and access of the Website by you or any person using your Account; (b) a breach of these Terms of Use; or (c) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your Account (including any claim that your User Materials infringe or misappropriate the intellectual property rights or other rights of any person or entity).  You agree to immediately notify Safety Marking of any unauthorized use of your Account or any other breach of security known to you that may affect the security of the Website.

  1. Miscellaneous

a. Severability. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect to the maximum extent permissible.

b. Entire Agreement.These Terms of Use (as well as the Privacy Policy and any other notice posted on the Website) constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.  These Terms of Use may not be modified orally.

c. Construction.The headings used in these Terms of Use are for convenience only and have no legal meaning or effect. Terms of Use defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms of Use clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms of Use, refer to these Terms of Use as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.

d. No Third Party Beneficiaries.No other person or company will be third-party beneficiaries to the Terms of Use. 

e. Assignment.You may not delegate your legal obligations or transfer any of your rights in whole or in part under these Terms of Use to any third party without our advance written consent.  We may freely assign these Terms of Use to any party without notice or consent.