Effective: October 1, 2023
- 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.
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.
- Restrictions on Use
- 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.
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.
- Intellectual Property
- 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.
- Governing Law; Venue