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Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to 1SafetySource. 1SafetySource provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. In addition, when using particular 1SafetySource services,
you and 1SafetySource shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS. 1SafetySource may also offer
other services from time to time, which may be governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
1SafetySource currently provides users with access to a
rich collection of online resources, including, various resource tools, shopping
services, personalized content and branded programming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new 1SafetySource properties,
shall be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that 1SafetySource assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer and modem or
other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted
by the Service’s registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or 1SafetySource has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, 1SafetySource
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4. 1SafetySource PRIVACY POLICY
Registration Data and certain other information about you
are subject to our Privacy Policy. For more information, see our full privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service’s registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately
notify 1SafetySource of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. 1SafetySource cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
sound, photographs, graphics, video, messages, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not 1SafetySource,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. 1SafetySource does not control the
Content posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent, or objectionable. Under no circumstances
will 1SafetySource be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing, torturous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not
limited to, a 1SafetySource official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the Service;
- upload, post email, transmit or otherwise make available
any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email, transmit, or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email, transmit, or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other forms of solicitation,
except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable
local, state, national, or international law, including, but not limited to regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that 1SafetySource does not pre-screen Content,
but that 1SafetySource and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, 1SafetySource and its designees shall have
the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created by 1SafetySource or submitted to 1SafetySource, including without limitation
information in 1SafetySource discussions forums.
You understand that the technical processing and transmission
of the Service, including you Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable Content,
specifically, you agree to comply with all applicable laws regarding the transmission
of technical data exported from the
United
States
or the country in which you reside.
8. PUBLIC CONTENT POSTED TO 1SafetySource
(a) For purposes of the TOS, "publicly
accessible areas of the Service" are those areas of the 1SafetySource network of
properties accessible by the general public.
(b) With respect to all other Content
you elect to post to other publicly accessible areas of the Service, you grant 1SafetySource
the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now known
or later developed.
9. INDEMNITY
You agree to indemnify and hold 1SafetySource, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available
through the Service, you use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 1SafetySource may establish general
practices and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, discussion forum postings or other
uploaded Content will be retained by the Service. You agree that 1SafetySource has
no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the Service.
You acknowledge that 1SafetySource reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that 1SafetySource
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
1SafetySource reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that 1SafetySource shall not be
liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that 1SafetySource, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if 1SafetySource believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. 1SafetySource may
also in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that 1SafetySource may immediately deactivate
or delete your account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you agree that 1SafetySource
shall not be liable to you or any third-party for any termination of your access
to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that 1SafetySource shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third party may provide, links
to other World Wide Web sites or resources. Because 1SafetySource has no control
over such sites and resources, you acknowledge and agree that 1SafetySource is not
responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge
and agree that 1SafetySource shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through any
such site or resource.
16. 1SafetySource PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents, or other proprietary
rights and laws. Except as expressly authorized by 1SafetySource or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
1SafetySource grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface
that is provided by 1SafetySource for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service
is provided on an "as is" and "as available" basis. 1SafetySource expressly disclaims
all warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
- 1SafetySource makes no warranty that (i) the service
will meet your requirements, (ii) the service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use of the service
will be accurate or reliable, (iv) the quality of any products, services, information,
or other material purchased or obtained by you through the service will meet your
expectations, and (V) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through
the use the service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data that results
form the download of any such material.
- No advice or information, whether oral or written, obtained
by you from 1SafetySource or through or from the service shall create any warranty
not expressly stated in the TOS.
18. LIMITATION OF LIABILITY
You expressly understand and agree that 1SafetySource shall
not be liable for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use,
data, or other intangible losses (even if 1SafetySource has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to use
the service; (ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT
APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or
request any news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the Service in intended
for trading or investing purposes. 1SafetySource shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
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