Terms of Use

 

This site (www.safetyawakenings.com) is owned and operated by Safety Awakenings LLC.  Using this site is subject to the below listed terms of use and conditions (the “Terms of Use”).  To use the services, information and resources provided on this site, and to view its’ web pages you must agree to all of the following terms and conditions.  Your use of this site constitutes your unconditional acceptance of the Terms  of Use.  If you don’t agree to all of these Terms of Use,  do not use this site.   Safety Awakenings LLC may update these Terms of Use from time to time without notice.   We will post the revised Terms of Use on this site.  Your subsequent use of the site is then governed by these new Terms of Use.  While we do not anticipate frequent changes to this policy, we do suggest that you review our Terms of Use policy from time to time.  This will help to insure that you will have complete knowledge of our policies as they might affect you and your use of the site.

 

Ownership of Site 

Unless otherwise noted, this site and all materials, including images, logos, text, illustrations, photographs, programs, audio files, video files, and other written materials that are on this site are registered and unregistered copyrights and trademarks that are the owned by  Safety Awakenings LLC or its licensors.  They are protected by U.S. and International copyright laws.  “SAFTEY AWAKENINGS” is a trademark of Safety Awakenings LLC.

Except as expressly authorized by Safety Awakenings LLC in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the site for any purpose. All rights not expressly granted herein are reserved to Safety Awakenings LLC and/or its licensors. 

To use certain features of the site or participate in certain activities sponsored by Safety Awakenings LLC, we might ask you to register as a user or participant. If so requested, each site user must: (1) personally provide true, accurate, current and complete information on the site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Safety Awakenings LLC has reasonable grounds to suspect that any user’s Registration Data is untrue, inaccurate, not current or incomplete, Safety Awakenings LLC may suspend or terminate any and all current or future use of the site by that user.

 

Your Limited Right to Use Site Materials    

You may download or print our free content only for your personal use for non-commercial purposes provided you retain all copyright notices contained on the materials.  You may not copy, modify, reuse, post, display, publish, license, sell, create derivative works from, reproduce, or distribute (electronic or hard-copy) any of our free content (for compensation or otherwise) within your organization or through other public venues without the express prior written permission of Safety Awakenings LLC.  

Any downloadable content that you purchase from this site can be used within your organization or employer.  But, you are not allowed to re-brand, post in any media (electronic or print), publish, license, sell, or create derivative works from without the express prior written permission of Safety Awakenings LLC.  

 

User Conduct 

You must not post to this site or transmit to Safety Awakenings  any information, data, text, photos or other materials that contain  obscenities, pornography, threatening/abusive language, hate speech, profanities, or indecent / unlawful / libelous statements. In addition,when using this site: you shall not attempt to solicit funds, or advertise goods or services; you must not misrepresent your identity or affiliation in any way; you must not violate any applicable laws or regulations; you will not upload viruses or harmful component; you may not post sexual, political, offensive, or religious comments; you may not slander, post negative comments, say defamatory comments, or use specific company names (or individual’s names) in a disparaging manner; you must not upload, or otherwise make available, files that contain images, software or other material protected by copyright or trademark law or rights unless you own or control the rights thereto or have received all of the necessary authorizations; and you must not upload, post, sender otherwise transmit to or through the site any unlawful, harmful, infringing, harassing, defamatory, threatening, vulgar, or otherwise objectionable material of any kind, any material that exploits children or that is invasive of or in breach of another person’s privacy or other rights.

Always use caution when giving out any personally identifying information about yourself or your children in our blog or on this site. 

Anyone not abiding by these rules will lose their posting privileges or their ability to access and use the site.  Safety Awakenings LLC owners, staff, and employees will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

 

Use of Your Content 

By submitting any material to us, such as posting a comment to the end of an article, or by sending us an email, you are granting to us a non-exclusive, unrestricted, world-wide, paid-up, royalty free, perpetual license to reproduce, display, distribute, modify, and create derivative works from such material and to use such material for marketing and other purposes. 

You represent that you are the owner of any material you post or submit; or are making your posting or submission with the express consent of the owner of the material.  You represent that you are making your posting or submission with the express consent of anyone pictured in any material that you post or submit.  You will not receive any compensation of any kind for the use of any materials posted or submitted by you.

You agree that you, not Safety Awakenings LLC, are entirely and completely responsible for all of your content that you post, upload, email, transmit, or otherwise make available on this site.  You assume all risks associated with the use of your content, including any reliance on its accuracy, completeness or usefulness.   Safety Awakenings LLC does not control the messages, information or files that you or others may post, transmit or provide on or through this site.  All user submitted posts and files are presented “as is” and have not been checked for accuracy or authenticity by Safety Awakenings LLC.  You are expected to ensure the accuracy of the information that you provide. 

You understand that we have no obligation to monitor any discussion forums, blogs, or other areas of the site through which users can supply information or material.  However, we reserve the right at all times, to screen contend submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these terms of use or is otherwise unacceptable or inappropriate, whether for legal or other reasons. 

You agree to indemnify and hold harmless Safety Awakenings, our affiliates, and each of our (and their) respective directors, officers, managers, employees, owners, shareholders, agents, team members, and representatives from and against any liability of any nature arising out of any content or materials displayed on or submitted to the site by you.

 

 Links to Other Web Sites 

This site contains numerous links (i.e. hyperlinks) to other web sites on the Internet that are owned and operated by unaffiliated third parties (“external sites”).  You acknowledge and agree that Safety Awakenings LLC is not responsible for the availability, accuracy, reliability, or content of these external sites or for any viruses or other damaging elements encountered in linking to an external site.  These linked external sites are only for your convenience and therefore you access them at your own risk.  In addition, providing links to these sites should not be interpreted as endorsement, affiliation, or approval by Safety Awakenings LLC of the organizations sponsoring the external sites or their products or services.  You further acknowledge and agree that Safety Awakenings LLC 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 external site.

Some of the websites that we link to contain graphic and disturbing photos, videos and images that show the bloody, gory, and horrific aftermaths of serious accidents.  Horrible injuries, including fatalities, are sometimes shown.   If you are adversely affected by scenes and images of terrible violence, blood, gore, and graphic injuries, do not use this website or click on any of the links on this website.

 

Linking To This Site 

We welcome appropriate hyperlinks to our site.  By publishing a hyperlink to our site on your website, you warrant that the content of your web site is appropriate and consistent with the stated purposes of this site.  If this is not the case, please do not link to our site.  Safety Awakenings LLC reserves the right to rescind the right to link to this site at its sole discretion. 

Linking to this site indicates that you accept our terms of use and will abide by the guidelines below.  If you do not accept these terms do not link to this site. In addition, you must comply with the following rules:  you will not replicate any of our site content; you will not imply that Safety Awakenings LLC is endorsing you, your company or business, your web site or its contents, products, or services; you may not frame or inline link any of the content of our site, or incorporate into another website any of  our material, content or intellectual property; you will not display our logo, trademarks, or copyrighted materials without receiving express prior written permission; you will not disparage our products or services; and you will not present false, misleading or inaccurate information about Safety Awakenings LLC or our web site

 

Affiliate Programs 

While we made every effort to select the best affiliate advertisers, we do not endorse, recommend, warrant, guarantee, or claim any of their products (or services) are in anyway suitable for your application or use. Any service, quality, warranty, product liability claim, or other product (or service) related complaint, concern, claim or issue you have with any product purchased from an affiliate advertiser must be taken up with and presented to the affiliate advertiser directly.   

Safety Awakenings LLC, and its’ owners, staff, employees, and agents shall not be responsible for any damages including direct, indirect, special, punitive, incidental, exemplary, consequential damages, lost revenues, lost profits, damage to or loss of products, loss of data, or any claims or damages whatsoever, arising out of or in connection with your use of any affiliate advertisers products (or services).   

 

 Privacy Policy 

Please see our Privacy Policy for details concerning the collection and use of information submitted to or collected by Safety Awakenings LLC and our sponsors and partners.  The terms of this Privacy Policy are hereby incorporated by reference into this Terms of Use policy.

 

Use of Site by Children 

Please note that this site is not intended for children under the age of 13.

 

Limitation of Liability and Warranty Disclaimer 

All information provided on this site is provided for information purposes only.   It is not intended as legal or compliance advice and does not represent advice with regard to specific practices or undertakings.  Safety Awakenings LLC shall not be responsible for any damages including  direct, indirect, special, punitive, incidental, exemplary, consequential damages, lost revenues, lost profits, damage to or loss of products, loss of data, or any claims or damages whatsoever, arising out of or in connection with your use of this web site or any linked external sites.  You understand and agree that your use of this site is predicated upon your waiver of any right to sue Safety Awakenings LLC and agents and to participate in any class action suit for any losses or damages resulting from your use of this site. 

Safety Awakenings LLC cannot and does not guarantee or warrant that any files available for downloading through this site will be free of infection, viruses, worms, Trojan horses, code that has contaminating or destructive properties, or other malware.  You are responsible for implementing sufficient procedures to safeguard your own computers and files against downloading malware.  You assume total responsibility and risk for your use of this site. 

THIS SITE IS PROVIDED ON AN  “AS IS”, “AS AVAILABLE” BASIS. Safety Awakenings LLC makes no representations, warranties or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of either the content of this site or the downloadable products that we sell.  We do not make any representations, warranties or guarantees regarding the results of using (or applying) either free content or the downloadable products that we sell.   Reliance upon any site advice, products, opinions or statements shall be at your own risk.  Neither Safety Awakenings nor any of its agents, employees, owners, officers, or team members shall be liable for any damages that result from inaccurate content, errors, omissions, interruptions, defects, or failures of any site content or products.  

This publication is intended for educational purposes only. It has not been approved by any government agency or business. The publication is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and that the information contained herein should not be regarded or relied upon as a substitute for professional consultation.

The free content and the for sale products found on this web site are not complete or comprehensive OSHA compliance documents.  They are not intended for OSHA compliance purposes.    Adopting any of the ideas, forms, programs, policies, procedures, advice, suggestions, tips, or recommendations found on this site or purchased from this site does not guarantee or warrant that you will be in compliance with OSHA or any other local, state, federal or international safety and health law, rule or regulation.

 

Indemnification 

You shall be responsible in all respects for your use of this web site and its’ free content and its’ downloadable products.  You agree to indemnify, defend and hold harmless Safety Awakenings LLC, its officers, directors, owners, employees, agents, licensee’s, team members, and suppliers from and against any claims (or suits) resulting from your use of this site, its’ products,  and/or violation of this Terms of Use policy.  You shall pay all damages and settlements sustained and all related costs (including reasonable attorney’s fees) resulting from said use or violation.                                                      

 

Controlling Law and Jurisdiction 

Safety Awakenings LLC controls and manages this website from its facilities in the State of Wisconsin, U.S.A. .  We make no representation that information, products, programs, and services referenced or for sale on this web site are legal, available or appropriate in your state, country or region.   The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to that state’s conflict of laws provisions. You and Safety Awakenings LLC irrevocably consent to the exclusive jurisdiction of the courts located in Wausau, Wisconsin in connection with any action or dispute arising out of or related to these Terms of Use, site subject matter, or downloadable products that we sell. 

 

Copyright Infringement 

If you are a copyright owner who believes your copyright protected material has been reproduced, posted or distributed via this site in a manner that constitutes copyright infringement, please send the following information to the designated agent named below: a detailed description of the copyrighted work that is allegedly infringed upon; a description of the location of the allegedly infringing material on the site; your contact information; a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner; a statement by you make under penalty of perjury affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf. 

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts 

New Counsel, PLC

233 Park Avenue, Suite 203

Minneapolis, Minnesota 55415

http://www.newcounsel.com/

jroberts@newcounsel.com

612-659-8443

 

Termination of Access 

You agree that at our sole discretion we may suspend or terminate your access to and use of this site; and remove and discard any materials that you had submitted to the site, at any time, for any reason, without notice.  You agree that we will not be liable to you or any third-party for any suspension or termination of account or use of the site, or any removal of any materials that you have submitted to the site.  In the event that we suspend or terminate your access to and/or use of the site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension.

 

General Provisions 

These Terms of Use constitute the entire agreement between you and Safety Awakenings and govern each user’s use of  site, superseding any prior agreements.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between you and Safety Awakenings.  If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

 

 

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