This Web site (the “site”) is provided by Embark Safety LLC (“Embark Safety”). Your use of this site is governed by these terms of use, and you should read these terms carefully before using the site
These terms may be changed from time to time at Embark Safety’s sole discretion. Your continued use of the site after any such changes constitutes your acceptance of the new terms. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, PLEASE DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM IT
Embark Safety LLC may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features, at any time. Embark Safety LLC may remove, modify or otherwise change any content, including that of third parties, on or from this site. Embark Safety LLC may impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability. Embark Safety LLC may terminate your use of the site at any time, for any reason, in its sole discretion
Intellectual Property
Copyrights
All content provided on this site, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2008 Embark Safety LLC (“Copyright Embark Safety LLC”) or the proprietary property of Embark Safety LLC, its parent company, affiliates or related companies, and/or licensors. All rights are reserved. The Content (whether in whole or in part) may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, without Embark Safety’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to Embark Safety LLC, so long as you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this site, please contact us
Trademarks
All trademarks on the site are either trademarks or registered trademarks of Embark Safety LLC, its affiliates or related companies, or its licensors. Such trademarks may not be copied, imitated, or used, in whole or in part, without Embark Safety’s prior written permission. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Embark Safety LLC or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Embark Safety LLC. Other trademarks, registered trademarks, product names, and company names or logos displayed on the site are the property of their respective owners. If you believe that your trademarks have been improperly used on this site, please contact us
In addition, if you wish to use Embark Safety’s logo or trademark consistent with these Terms of Use, please contact us
Patents
Embark Safety’s products and processes may be covered by one or more patents, or may contain Embark Safety LLC trade secret and/or proprietary information. Embark Safety LLC reserves all rights to such patents, trade secrets and proprietary information. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or to decompile, reverse engineer, or disassemble any of Embark Safety’s technology or processes
Software
Any software, including any files or images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this site may be used by you solely for accessing and using this site, provided that such uses are not competitive with or derogatory to Embark Safety LLC, and are consistent with the purposes expressly stated on the site. Embark Safety LLC retains full and complete title or license to all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from such Software
User Conduct – General
By using this site, you agree
not to disrupt or interfere with the security of the site
not to disrupt or interfere with any services, system resources, accounts, servers or networks connected to or accessible through the site
not to disrupt or interfere with any other user’s enjoyment of the site
not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files
not to change or alter any information or Content offered by or through this site
not to use or attempt to use another’s account, service or system without authorization from Embark Safety LLC, or create or use a false identity on this site
not to transmit through or on this site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
not to divulge your username and password to others either on or off the site
not to attempt to obtain unauthorized access to the site or portions of the site which are restricted from general access
Online Communications Through the Site
Unless otherwise agreed to in writing by Embark Safety LLC, you agree that any communications or information you transmit to anyone through the site, including (without limitation) questions, comments, suggestions, ideas, plans, notes, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such information to Embark Safety LLC via email or other means you grant to Embark Safety LLC an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose consistent with our Privacy Policy
Privacy Policy
You acknowledge and agree that Embark Safety LLC may collect, use and disclose the data collected in the course of our relationship in the manner identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use THE PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND YOU SHOULD REMEMBER TO CHECK OUR PRIVACY POLICY FREQUENTLY
Limitations regarding Site Content
The Content available through the site is believed to be accurate HOWEVER, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS OF SUCH INFORMATION FOR YOUR PARTICULAR NEEDS Any reference on this site to any product or service which has been or may be provided by Embark Safety LLC or any other company does not amount to a promise that such product or service will be available at any time or that the product or service is available in all countries Products and services are subject to change without notice
Links and Third Party Content
Links to Other Web Sites
This site may from time to time contain links to other Web sites These links are provided solely as a convenience to site users, and do not constitute an endorsement, sponsorship or recommendation by Embark Safety LLC of – or responsibility for – the linked Web sites, any content, services or products available on or through such sites, or the companies associated with such sites
Links from Other Web Sites
All links to this site must be approved in writing by Embark Safety LLC, except that Embark Safety LLC consents to links where:
the link is a text-only link containing only the title of the home page of this site;
the link “points” only to the home page of the site and not to deeper pages;
the link displays the home page of the site full-screen – ie, not within a “frame” on the linked Web site; and
the appearance, position, and other aspects of the link does not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Embark Safety LLC, its parent company or its affiliates and related companies, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Embark Safety LLC, its parent company, or its affiliates or related companies
Embark Safety LLC reserves the right to revoke this consent to link at any time in its sole discretion
Third Party Content
This site may contain material, data or information provided, posted or offered by third parties through framing and other technology You agree that neither Embark Safety LLC nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information Your use of Third Party Content may also be subject to the terms of the applicable content provider’s terms of use and privacy policy Embark Safety LLC does not verify, endorse, or vouch for the content provided by third parties on our web site Embark Safety LLC is not responsible for the delivery or quality of any goods or services sold, advertised or made available by third parties on our or any other web site If you believe any of the content provided by third parties violates any of your proprietary rights, please contact us
Disclaimers
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR INFORMATIONAL PURPOSES ONLY YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS EXPRESSLY AGREED TO IN WRITING, Embark Safety LLC, ITS PARENT COMPANY AND ITS AFFILIATES AND RELATED COMPANIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM THE SITE, IS AT YOUR SOLE RISK YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE
YOU ACKNOWLEDGE THAT Embark Safety LLC DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE EXCEPT AS OTHERWISE AGREED IN WRITING, Embark Safety LLC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES
Embark Safety LLC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE FREE OF VIRUSES, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED NOR DOES Embark Safety LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE
Embark Safety LLC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL) SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Embark Safety LLC, ITS PARENT, AFFILIATES OR RELATED COMPANIES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY AGREED TO IN WRITING AND AS REFLECTED IN OUR PRIVACY POLICY, Embark Safety LLC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Embark Safety LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING
SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
Limitation of Liability
EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, UNDER NO CIRCUMSTANCES, SHALL Embark Safety LLC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT OR SERVICES CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR OTHER INTANGIBLES, EVEN IF Embark Safety LLC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SUCH EVENT, OUR LIABILITY IS LIMITED TO THE REVENUES WE RECEIVED FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CAUSE OF ACTION
Indemnification
You agree to indemnify, defend, and hold harmless Embark Safety LLC, its parent, affiliates and related companies, and their officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms
General
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida
Other
Subject to the terms of any other agreements signed by Embark Safety LLC for materials and services purchased through this site, these terms constitute the entire agreement between you and Embark Safety LLC governing your use of the site Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions You agree that any claim arising out of or related to these Terms of Use or your use of the site must be filed within one year after it arose or be permanently barred
International Usage
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this site This site is controlled and operated in the United States IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES