User Agreement

Safety iQ Products and Services Corp.
User Agreement

 

Terms of Use

Welcome to Safety iQ Products and Services Corp. Please read these Terms of Use Agreement (the “Terms of Use”) carefully, as it constitutes legally binding terms and conditions and applies to your use of www.mysafetyiq.com (the “Site”), which is made available by Safety iQ Products and Services Corp. (“Safety iQ”, “we”, “our” or “us”).  The term “Site” includes all content, applications, features, functionality and services offered by us on the Site, including, without limitation, customer account access and administration, order placement and manufacturer account access and administration (collectively, the “Site Services”). These Terms of Use govern only the Site, and the content, features, and activities made available on the Site, and do not cover other websites or any corresponding content, features, and activities made available by any other company, unless specifically stated.

These Terms of Use apply to all users of the Site, whether you have registered for or simply browse the Site (“User”, “you” or “your”), and by using the Site, you understand, acknowledge and agree that you shall comply with the terms and conditions of these Terms of Use and any additional terms and conditions that govern certain Site Services, which may be presented in connection with same (the “Additional Terms”). The Site's Privacy Policy and the Additional Terms are hereby incorporated into these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and the Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern.  

 

Term

These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Site. You may terminate your use of or registration to the Site at any time, for any reason, and Safety iQ may terminate your use of or registration to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use, the Privacy Policy and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.

 

Modifications

We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you. For your convenience, the date of the last update to these Terms of Use appears at the top of this document.

 

Compliance

By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (c) you shall make timely and satisfactory payment for any products purchased by you on or in connection with the Site and (d) all registration information, including, without limitation, [payment information (e.g., credit card, debit card information, etc.)] you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or Safety iQ suspects that such information is untrue, inaccurate, not current or incomplete, Safety iQ has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party. 

 

User Registration

In order to access and use certain content, features, or functionality of the Site including, without limitation, placing an order, review customer account, review manufacturer account and new product information entry, we may require you to register for the Site and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, customer/manufacturer name, employee name, account number, address and email, etc. (collectively, a “User Account”). If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. You agree to (a) immediately notify Safety iQ of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from the Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. Safety iQ shall not be responsible or liable for any loss that you incur as a result of someone else using your User Account and/or password.

 

Proprietary Rights

A. All content on the Site and otherwise available through the Site, including designs, text, graphics, images, information, video, audio and other files, and their selection and arrangement, is owned by Safety iQ or its licensors.  No Site content may be modified, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use.  Authorized users may access and use the Site and the Site content and download or print a reasonable number of copies of portions of the Site content to which the user has properly gained access solely for the user’s personal, non-commercial, non-exclusive, non-assignable, non-transferable use, provided that the user maintains all copyright or other proprietary notices on all copies of such Site content.  You may not publish or otherwise distribute Site content, including via the Internet or any intranet or extranet site, or incorporate the Site content in any other database or compilation. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site content.  Any use of the Site or the Site content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Site and the Site content granted herein.  All rights of Safety iQ or its licensors that are not expressly granted in these Terms of Use are reserved to Safety iQ and its licensors.

 

 

Disclaimer Regarding Product Information and Catalogue

A. We cannot guarantee the availability of any products or items described on the Site, some of which may become unavailable due to limitations on supply or other reasons. All prices shown are in Canadian dollars before any applicable tax. Safety iQ reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. While Safety IQ strives to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Safety iQ at any time. Safety iQ is not responsible and shall not be liable to you or anyone else for reliance upon the product information contained in the Site.  You are responsible for carefully reviewing all information provided by the manufacturers of the product on or in the product packaging and labels. Without limiting the generality of any other terms and conditions on this Site, Safety IQ does not accept liability for any errors or omissions, which may be found on this Site or for unavailability of any product. 

 

 

PRICING, PAYMENT, RETURNS AND MISC. TERMS

A. General

You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any orders placed using your User Account(s) and you agree to promptly pay all amounts due upon demand by us. 

B. Taxes

You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Site and applicable taxes will be added to the amount charged for the applicable transaction on the Site. Fee-based transactions on the Site may include, without limitation, sales tax (including, without limitation, harmonized, provincial and general sales tax), use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made on the Site. 

C. Return Policies

You are responsible for reading the Return Policy posted on the Site for the applicable product before placing an order.  Return policies may differ based on the manufacturer, and may be updated from time to time at the sole discretion of Safety iQ.  

D. Electronic Signature and Contracts 

Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. 

  

Customer Support

For assistance with billing questions or order inquiries, please refer to our online support page by clicking here

 

Personal Information

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

 

User Content

A. The Site may provide you and other Users with an opportunity to submit information to Safety iQ, such as the entry of new product information by manufacturers and other message, comment and communication features and may provide you with the opportunity to post, email, transmit or otherwise make available product information, comments and other information or content via the Site ( “User Content”). When you submit User Content you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Content and/or similar information. By submitting User Content, you acknowledge and agree that the term “User Content” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Content. You further acknowledge and agree that by posting, uploading, displaying, transmitting or otherwise providing the User Content, you authorize Safety iQ to treat such User Content as non-confidential and non-proprietary, and are granting Safety iQ, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Safety IQ, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  You agree that Safety iQ may publish or otherwise disclose your name in connection with your User Content.  By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

B. You understand, acknowledge and agree that all User Content, including new product information are the sole responsibility of the person from which such User Content originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. Safety iQ does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall Safety iQ be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available. 

Safety iQ does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content.

 

Trademarks  

A. “Safety iQ” and other Safety iQ graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, trademarks or trade dress of Safety iQ in Canada and the United States. You may not use Safety iQ trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Safety iQ endorses any product or service.  You may not reproduce or use Safety iQ’s trademarks or trade dress without the prior written permission of Safety iQ.

B. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Safety iQ or by any third party.

 

Copyright and Content  

The contents of this Site are protected by copyright under both Canadian and foreign laws.  Title to the content of this Site remains with Safety iQ or it licensors.  Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  Content and features are subject to change or termination without notice in the editorial discretion of Safety iQ.  All rights not expressly granted herein are reserved to Safety iQ and its licensors.

 

Hyperlinks To Third Party Web Sites

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Safety iQ, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or Safety iQ’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

 

Assignment

These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Safety iQ without restriction and without notice to you.

 

Indemnity

You agree to defend, indemnify and hold Safety iQ, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Content. Safety iQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Safety iQ’s defense of such Claim.

 

DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS SITE, ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED.  SAFETY IQ DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE INFORMATION, PRODUCTS AND SERVICES, AND CONTENT AVAILABLE THEREON IS AT YOUR OWN RISK.  NEITHER SAFETY IQ NOR ANY SUPPLIER CONTRIBUTING TO THIS SITE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED OR ANY RELIANCE ON SUCH INFORMATION, SERVICES OR CONTENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Content associated with your use of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SAFETY IQ, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.  

You further understand and acknowledge that some messages and transmissions, including, without limitation, User Content, may not be processed in a timely fashion and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Safety iQ assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Content or for any failure or delay associated with any User Content and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Content. 


Governing Law; Access; Miscellaneous

These Terms of Use, together with any Additional Terms, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Safety iQ concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). 

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its choice of law provisions.  You agree that the courts of the Province of Ontario shall have sole and exclusive jurisdiction over any action at law or inequity arising from your use of the Site and these Terms of Use, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.  For the avoidance of doubt, this choice of Ontario law does not have the effect of incorporating into these Terms of Use in whole or part any Ontario statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms of Use.

The Site is controlled and operated by Safety iQ from its offices in Ontario, Canada. Safety iQ makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to Canadian export restrictions.

These Terms of Use were last modified on the date indicated above and are effective immediately.