ONLINE SAFETY MANAGEMENT SYSTEM
LOGIN | SIGNUP
Call us now at 1 866 668 6402

Terms & Conditions

Use of Corporate Website

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern SafetySync Corporation's relationship with you in relation to this website.

The term SafetySync Corporation or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without SafetySync Corporation's prior written consent. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.

Subscription Agreement - Online Safety Management System

SAFETYSYNC TERMS OF USE: BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF SAFETYSYNC'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

Welcome
As part of the Service, SafetySync will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the SafetySync website incorporated by reference herein, including but not limited to SafetySync's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.

In addition, we offer our FREE SafetySync Online Safety Management System Service with no further obligation.

1. Privacy & Security; Disclosure
SafetySync’s privacy policies may be viewed at http://safetysync.com/PrivacyPolicy.aspx SafetySync reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Users will receive Service-related communications from SafetySync from time to time. Users will not have the option of opting out SafetySync, since we may occasionally need to notify all users of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that SafetySync can disclose the fact that you are a paying customer.

2. License Grant & Restrictions
SafetySync hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by SafetySync and its licensors. You may not access the Service if you are a direct competitor of SafetySync, except with SafetySync’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

3. Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify SafetySync immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to SafetySync immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another SafetySync user or provide false identity information to gain access to or use the Service.

4. Account Information and Data
SafetySync does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not SafetySync, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and SafetySync shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), SafetySync will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. SafetySync reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and SafetySync shall have no obligation to maintain or forward any Customer Data.

5. Intellectual Property Ownership
SafetySync alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the SafetySync Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the SafetySync Technology or the Intellectual Property Rights owned by SafetySync. The SafetySync name, the SafetySync logo, and the product names associated with the Service are trademarks of SafetySync or third parties, and no right or license is granted to use them.

6. Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. SafetySync and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. SafetySync does not endorse any sites on the Internet that are linked through the Service. SafetySync provides these links to you only as a matter of convenience, and in no event shall SafetySync or its licensors be responsible for any content, products, or other materials on or available from such sites. SafetySync provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

7. Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of Features requested currently in effect. Payments must be made monthly at the end of each month unless otherwise mutually agreed upon by SafetySync. All payment obligations are noncancelable and all amounts paid are nonrefundable. You are responsible for paying for all Features used by all User for the entire Term. You must provide SafetySync with valid credit card or approved purchase order information as a condition to signing up for the Service. SafetySync reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.

8. Excess Data Storage Fees
The maximum disk storage space provided to you at no additional charge is 50mb per active user. SafetySync reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.

9. Billing and Renewal
SafetySync will automatically issue an invoice to you each month or as otherwise mutually agreed upon. The invoice will be equal to the the current number of Features used during the prior term, unless SafetySync has given you at least 30 days prior written notice of a fee increase, which shall be effective upon the next billing cycle and thereafter. Fees for other services will be charged on an as-quoted basis. You agree to provide SafetySync with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, SafetySync reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless SafetySync in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the Canada will be billed in Canadian dollars and subject to Canadian payment terms and pricing schemes ("Canadian Customers"); (ii) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); and (iii) all other entities will be billed in Canadian dollars and be subject to Canadian payment terms and pricing schemes at the discretion of SafetySync ("Non-Canadian/U.S. Customers"). If you believe your bill is incorrect, you must contact us within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

10. Non-Payment and Suspension
In addition to any other rights granted to SafetySync herein, SafetySync reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If you or SafetySync initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that SafetySync may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. SafetySync reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that SafetySync has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

11. Termination upon Expiration
This Agreement commences on the Effective Date. The term is indefinite and may be terminated at any time in SafetySync’s sole discretion. Upon the expiration of the Free Trial, this Agreement will automatically renew for successive renewal terms indefinitely at SafetySync’s current fees. Either party may terminate this Agreement by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), SafetySync will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that SafetySync has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

12. Termination for Cause
Any breach of your payment obligations or unauthorized use of the SafetySync Technology or Service will be deemed a material breach of this Agreement. SafetySync, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, SafetySync may terminate a free account at any time in its sole discretion. You agree and acknowledge that SafetySync has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

13. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. SafetySync represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online SafetySync help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

14. Mutual Indemnification
You shall indemnify and hold SafetySync, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that SafetySync (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release SafetySync of all liability and such settlement does not affect SafetySync’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. SafetySync shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by SafetySync of its representations or warranties; or (iii) a claim arising from breach of this Agreement by SafetySync; provided that you (a) promptly give written notice of the claim to SafetySync; (b) give SafetySync sole control of the defense and settlement of the claim (provided that SafetySync may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to SafetySync all available information and assistance; and (d) have not compromised or settled such claim. SafetySync shall have no indemnification obligation, and you shall indemnify SafetySync pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).

15. Disclaimer of Warranties
SafetySync and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content, SafetySync and its licensors do not represent or warrant that (A) The use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (B) The service will meet your requirements or expectations, (C) Any Stored data will be accurate or reliable (D) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations (E) Errors or Defects will be corrected, or (F) The Service or the Server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “AS IS” basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by SafetySync and its licensors.

16. Internet Delays
SafetySync’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. SafetySync is not responsible for any delays, delivery failures, or other damage resulting from such problems.

17. Limitation of Liability
In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In No event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type of kind (including loss of data, revenue, profits, user or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.

18. Additional Rights
Certain provinces, states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

19. Local Laws
SafetySync and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside Canada, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

20. Notice
SafetySync may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in SafetySync’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in SafetySync’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SafetySync (such notice shall be deemed given when received by SafetySync) at any time by any of the following: letter sent by confirmed facsimile to SafetySync at the following toll free fax number: (866) 802-9799; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SafetySync at the following address:
SafetySync Corporation
1006 – 11 Ave SW (2nd Floor)
Calgary, AB T2R 0G3

21. Modification to Terms
SafetySync reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

22. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of SafetySync but may be assigned without your consent by SafetySync to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of SafetySync directly or indirectly owning or controlling 50% or more of you shall entitle SafetySync to terminate this Agreement for cause immediately upon written notice.

23. General
This Agreement, together with any applicable contract, comprises the entire agreement between you and SafetySync and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

24. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online, and any materials available on the SafetySync website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by SafetySync from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Service; "Initial Term" means the contract term, beginning on the contract start date and ending on the contract end date, specified on the applicable Order Form; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Term(s)" means the period(s) during which Users are using the Service; "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "SafetySync" means collectively SafetySync Corporation, having its principal place of business at 1006 – 11 Avenue SW, Calgary, AB T2R 0G3 CANADA; "SafetySync Technology" means all of SafetySync’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by SafetySync in providing the Service; "Service(s)" means the specific SafetySync features, developed, operated, and maintained by SafetySync, accessible via http://www.safetysync.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by SafetySync, to which you are being granted access under this Agreement, including the SafetySync Technology and the Content; "User(s)" means your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by SafetySync at your request).

Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@safetysync.com.
Terms and Conditions | Disclaimer | Privacy Policy © 2010 SafetySync Corporation. All rights reserved.