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All use of the Safety Partners Web site ("Web
site") is subject to the terms and conditions set forth below. By
accessing all or any part of the Web site, you agree that you shall be
bound by these terms and conditions, as in effect at the time of such
access. Each time you access this Web site, these terms and conditions
should be reviewed because Safety Partners reserves the right to change
these conditions from time to time. All users of this Web Site are also
subject to the Safety Partners Privacy Policy, and you hereby agree to
review such policy.
Restrictions on use
This Web Site, together with all source code,
content, products, systems, services, enhancements or other
modifications, whether made by Safety Partners or any third party, to
provide the services identified on this Web site to users (collectively,
the "Materials"), is owned and operated by Safety Partners and Safety
Partners' third-party providers. Safety Partners and Safety Partners'
third-party providers own all proprietary rights, including patent,
copyright, trade secret, trademark and other proprietary rights, in and
to the Materials. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way the Materials from this
Web site and nothing in these Terms and Conditions shall be construed to
grant any rights to you or any other user in any of the Materials.
Other limitations on use
You agree not to use any robot, spider, other
automatic device or program or manual process to monitor, copy or
reproduce this Web site.
You agree not to interfere with the functionality
of this Web site by: (i) uploading, e-mailing or transmitting any
material that contains software viruses or any other computer code,
files or programs designed to destroy or limit the functionality of this
Web site, Safety Partners' computer software, hardware or
telecommunications equipment; (ii) disrupting the normal flow of this
Web site, causing a screen to scroll faster than it can be usable or
acting in a manner that limits others' use of this Web site; (iii)
otherwise modifying the Safety Partners Web Site or interfering or
attempting to interfere with the proper operation of this Web site,
including through the use of any device, software or routine, or (iv)
using this Web site to disrupt the servers or networks connected to the
Web server.
You agree not to use this Web site to forge headers
or identifiers in an effort to disguise the origin of content
transmitted through this Web site, impersonate any person or entity, or
misrepresent your affiliation with a person or entity.
You agree not to use this Web site to upload, email
or transmit (i) any content that is unlawful, threatening, harassing,
vulgar, libelous or racially or ethnically objectionable or (ii) any
unauthorized advertising, junk mail, spam, chain letters or any other
form of solicitation.
You agree not to use this Web site to directly or
indirectly violate any local, state, national or international law.
You agree not to use this Web site to collect
or store personal data about other users.
License to Safety Partners
By posting messages, uploading files, inputting
data, or engaging in any other form of communication through this Web
site, you are granting Safety Partners a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to: use, copy,
sublicense, adapt, transmit, publicly perform or display any such
communication, as well as to sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to the communication. The foregoing grants shall include the
right to exploit any proprietary rights in such communication, including
but not limited to rights under copyright, trademark, servicemark or
patent laws under any relevant jurisdiction.
Disclaimer
The Web site may contain links to Internet sites
maintained by third parties. Safety Partners does not operate or control
in any respect any information, products or services on these
third-party sites. The materials in this site and the third-party sites
are provided "as is" and without warranties of any kind either express
or implied. To the fullest extent permissible pursuant to applicable
law, Safety Partners disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Safety Partners does not warrant that
the functions contained in the Web site will be uninterrupted or
error-free, that defects will be corrected, or that this Web site or the
server that makes it available, are free of viruses or other harmful
components. Safety Partners does not warrant or make any
representations regarding the use or the results of the use of the
materials in this Web site or in third-party sites in terms of their
correctness, accuracy, timeliness, reliability, or otherwise. You (and
not Safety Partners) assume the entire cost of all necessary
maintenance, repair, or correction.
Limitation of liability
Under no circumstances, including, but not limited
to, negligence, shall Safety Partners be liable for any direct,
indirect, incidental, special or consequential damages that result from
the use of, or the inability to use, this Web site. You specifically
acknowledge and agree that Safety Partners is not liable for any
defamatory, offensive or illegal conduct of any user of this Web site.
If you are dissatisfied with this Web site or any material contained in
it, or with any of Safety Partners' Terms and Conditions, your sole and
exclusive remedy is to discontinue using this Web site.
Indemnification
You agree to indemnify and hold harmless Safety
Partners from all damages, liabilities, costs, charges and expenses,
including reasonable attorneys' fees, which Safety Partners (and its and
their officers, directors and agents) may incur as a result your breach
of these Terms and Conditions. Safety Partners reserves the right to
direct the defense and control of any such matter for which you have
agreed to indemnify Safety Partners; provided, however, that Safety
Partners' assumption of the direction and control of the defense of any
matter will not relieve you of the duty to indemnify with respect to
that matter.
Termination
This agreement is effective until terminated by
Safety Partners, at any time without notice. In the event of
termination the disclaimers and limitations of liabilities set forth in
this agreement, shall survive.
Other
This agreement shall be governed by and construed
in accordance with the laws of the Commonwealth of Massachusetts without
giving effect to any principles or conflicts of law. If any provision of
this agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining
provisions.
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