Acceptance of Terms: Please read this TOU carefully because your use of SAFETYCAL is your agreement that you accept the TOU without modification. SAFETYCAL reserves the right, in its sole discretion, to: change, modify, add or remove any portion of this TOU, in whole or in part, at any time without notice or liability to you. Your present and future use of SAFETYCAL constitutes your explicit agreement to comply with all the provisions of SAFETYCAL's TOU now or hereafter adopted. Your failure to abide by the TOU may result in termination of your access to SAFETYCAL without notice, in addition to any other remedy.
Links to Third Party Sites: SAFETYCAL may contain links to other Websites (Linked Sites). The Linked Sites are not under the control of SAFETYCAL. While SAFETYCAL endeavors to provide links to Linked Sites that are reputable and safe, SAFETYCAL is not responsible for nor warrants the contents, practices, policies, transmissions, use of user information, or security of any Linked Site, including without limitation any link contained in any Linked Site, or changes or upgrades to any Linked Site or link therein. Therefore, your access to any Linked Site is at your own risk and your access to these sites constitutes your agreement to release SAFETYCAL from any claims or damages resulting thereby. SAFETYCAL's provision of Linked Sites is for your convenience only and SAFETYCAL does not imply endorsement of such sites or its operators.
Personal and Non-Commercial Uses: Your right to use SAFETYCAL is personal to you. You may not authorize others to use SAFETYCAL in a manner which may or does conflict with the TOU or which is unlawful. All users must be able to legally consent to the TOU, otherwise they may not use SAFETYCAL. If through your use of SAFETYCAL you register personal information such as: your name, address, telephone number, e-mail address, credit card number, and other information needed to provide services to you, we will not knowingly allow anyone other than authorized individuals to use this information without the prior written consent of SAFETYCAL. SAFETYCAL and its contents are intended solely for the purpose of purchasing products. You may only copy or download contents clearly displayed on SAFETYCAL for this purpose and only for personal use. No right, title, or interest in SAFETYCAL or its contents is transferred to you as the result of any such permitted copying or downloading. In the event you post any information on SAFETYCAL, including, but not limited to a Testimonial, you hereby grant SAFETYCAL, INC. a royalty-free, perpetual, irrevocable, non-exclusive right and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to SAFETYCAL, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed. You hereby waive all rights to any claim against SAFETYCAL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such content posted on SAFETYCAL.
Registered User Account, Password and Security: In the event you register any account or disclose and personal information on SAFETYCAL, you must provide SAFETYCAL with complete and accurate information as prompted by SAFETYCAL. You may also choose a password and or user name, which is entirely your responsibility to maintain in a confidential manner and to prevent disclosure and use by any third-party. SAFETYCAL is not responsible for any losses suffered by you as the result of any unauthorized use; therefore, you must report any such activity immediately to SAFETYCAL as set forth herein.
No Unlawful or Prohibited Uses: As conditions of your use of SAFETYCAL, you warranty that you will not use SAFETYCAL or its contents for any unlawful or prohibited use pursuant to the TOU or otherwise. You further warrant that you will not use SAFETYCAL in any manner which could damage, disable, overburden, impair SAFETYCAL or its users or otherwise interfere with any other users use and enjoyment of SAFETYCAL. You also warrant that you will not attempt to gain unauthorized access to any of SAFETYCAL's services, SAFETYCAL's user information, any other computer systems, or other networks affiliated with or related to SAFETYCAL. You further warrant that you will only submit truthful personal and financial information to SAFETYCAL and will not will not use any obscene, indecent or offensive language, or submit to SAFETYCAL any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing, or hateful. You also warrant that you will not submit any encrypted information to SAFETYCAL, junk mail, or unauthorized advertising. You agree and acknowledge that failure to follow these terms or the TOU may subject you to immediate termination of your access to SAFETYCAL without notice, and civil and criminal liability.
Trademark, Copyright, Intellectual and other Proprietary Rights: You agree that you will not upload, post, or otherwise make available to SAFETYCAL any material protected by copyright, trademark, intellectual or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, trade dress, logos, service marks, or other proprietary rights, or any other harm resulting from any uploading, posting, or submission. SAFETYCAL contains copyrighted material, trademarks, trade dress, service marks, and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, logos, music and sound. The entire content of SAFETYCAL is copyrighted as a collective work under the United States copyright laws. SAFETYCAL owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law or by the TOU, no copying, redistribution, publication, or commercial exploitation of downloaded material from SAFETYCAL will be permitted without the express, written consent of SAFETYCAL and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, and legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Disclaimer of Warranty and Limitation of Liability: YOU ACKNOWLEDGE THAT YOU ARE USING SAFETYCAL AT YOUR OWN RISK. SAFETYCAL IS PROVIDED "AS IS," AND SAFETYCAL, INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF SAFETYCAL.
SAFETYCAL, INC. AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO SAFETYCAL WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON SAFETYCAL.
SAFETYCAL, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS SAFETYCAL, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM SAFETYCAL, YOUR USE OF OR RELIANCE ON SAFETYCAL OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON SAFETYCAL, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAFETYCAL, INC.'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE ANY FEES PAID, IF ANY, FOR USE OF SAFETYCAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR LEGAL RIGHTS AND DUTIES UNDER THIS AGREEMENT, OR ANY OF THE AGREEMENTS TERMS OR PROVISIONS, YOU SHOULD NOT USE SAFETYCAL AND SHOULD CONSULT A LICENSED ATTORNEY IN YOUR STATE PRIOR TO YOUR USE OF SAFETYCAL. ANY USE OF SAFETYCAL WILL CONSTITUTE YOUR TOTAL ACCEPTANCE OF THE TOU.
Indemnification: You agree to indemnify SAFETYCAL and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your use of SAFETYCAL. You shall cooperate as fully as reasonably required in the defense of any such claim. SAFETYCAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SAFETYCAL. This Section survives any termination or expiration of the TOU.
Arbitration: Any dispute concerning the TOU must first be settled through arbitration before a single arbitrator, using the rules of commercial arbitration of the Arbitration Service of Portland. Arbitration will occur in Eugene, Oregon. The parties will be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure, subject to limitation by the arbitrator to secure just and efficient resolution of the dispute. The arbitrator's decision must include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any. The arbitrators decision shall be final, subject only to the statutory rights of appeal provided under Oregon law. A party substantially prevailing in the arbitration will also be entitled to recover such amount for costs and attorney fees incurred in connection with the arbitration, including any and all appeals to Circuit Court and to the appellate courts, as is determined by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction. SAFETYCAL, INC. and all users of SAFETYCAL acknowledge that damages in the event of a breach or threatened breach of the TOU may be difficult, if not impossible, to ascertain and a remedy at law inadequate. Therefore, nothing in the TOU will prevent a party from resorting to a court of competent jurisdiction in those instances where injunctive relief may be appropriate, including a temporary injunction at the time suit is filed, without notice and without bond, and a permanent injunction thereafter enjoining and restraining a party from breaching or threatening to breach any part of this Agreement.
Force Majeure: Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under the TOU due to any causes beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, act of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
Jurisdiction: You agree that The TOU, for all purposes, shall be governed and construed in accordance with the laws of the State of Oregon applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of the TOU must be brought in a state or federal court in Eugene, Oregon. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Severability and Entire Agreement: If any provision of the TOU or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect. Unless specifically stated herein, the TOU as herein stated or hereafter amended constitutes the entire agreement between SAFETYCAL, INC. and all users regarding or related to your use of SAFETYCAL and supersedes all prior or contemporaneous communications and proposals, whether electronic or written, between SAFETYCAL INC. and all users with respect to SAFETYCAL. A printed version of the TOU and of any notice given in electronic format shall be admissible in any legal or administrative proceeding to the same extent as any other original business record. It is the express wish and understanding of all users of SAFETYCAL that the TOU is expressed only in English.
You can also write to us at: PO Box 21536, Eugene, Oregon, 97402; or call us at: (800) 446-3525.
If you don't agree to all terms contained in this TOU, please exit the SAFETYCAL immediately.
Thank you for using SAFETYCAL!