Last modified: November 30, 2013

Using our Services

These terms and conditions contain legal obligations. Please Read them carefully before using SafetyNotes' services.

This Statement of Rights and Responsibilities ("Statement", "Terms" or "DDR") governs our relationship with users and the people who interact with SafetyNotes.net.Your use of or access to SafetyNotes implies your acceptance of this statement. If you do not accept these terms, please do not use the site SafetyNotes or services offered on this site.

Please note that we reserve the right, at our discretion, to modify these terms at any time, including the addition or removal of provisions. Please periodically check if such changes were made.If you continue to use SafetyNotes after the posting of changes to these Terms, then you agree with them.

Privacy

To know how your information are collected, used and disclosed by SafetyNotes in connection with your use our Services, please consult our Privacy Policy.

Restrictions on use of materials

All material, information and content available on the SafetyNotes Site (collectively, "Content"), including the manner in which such Content is presented, and the Services are: Copyright © SafetyNotes Inc.,its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. SafetyNotes grants you a limited non-exclusive,non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only,provided that you do not modify the Content and that you maintain all copyright and other proprietary notices.Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish,communicate, broadcast or otherwise make available any of the Content obtained through a SafetyNotes Site or any of the Services,including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

User conduct

In consideration of the availability, and your use, of a SafetyNotes Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such SafetyNotes Site or Service.You acknowledge that SafetyNotes may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

Monitoring

You acknowledge that SafetyNotes has no obligation to monitor a SafetyNotes Site or any content accessible through a SafetyNotes Site or any of the Services.However, you agree that SafetyNotes has the right to monitor a SafetyNotes Site electronically from time to time and to disclose any information as necessary to satisfy any law,regulation or other governmental request, to operate a SafetyNotes Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

Modifications

SafetyNotes reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time.Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a SafetyNotes Site.Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document.If any change is not acceptable to you, you must discontinue your use of a SafetyNotes Site and any of the Services immediately.Your continued use of a SafetyNotes Site or any of the Services after any such changes are posted will constitute acceptance of those changes.Further, SafetyNotes reserves the right to change, modify, suspend or discontinue any aspect of a SafetyNotes Site, Services or Content from time to time without notice or liability and for any reason whatsoever.

Downloads

Certain SafetyNotes Site allows you to download many forms of Content, including files, images and/or data incorporated therein.The content is made available to you by SafetyNotes or third parties subject to the terms and conditions made available to you once you have an account.Additionally, you agree that the content is licensed to you by SafetyNotes or third parties for your use and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that SafetyNotes or the designated third parties retain full and complete title to the Software and all intellectual property rights therein.

Content linked to SafetyNotes Site

Please exercise discretion while browsing the Internet. Please note that certain links on a SafetyNotes Site may take you to other websites.SafetyNotes provides these links only as a convenience and not as an endorsement by SafetyNotes.These linked sites are not necessarily under the control of SafetyNotes.If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.SafetyNotes is not responsible for the content of any such linked sites or any other web page which is not part of a SafetyNotes Site and under SafetyNotes's control.Unless otherwise expressly provided, SafetyNotesl makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon.Accordingly, you agree that SafetyNotes will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a SafetyNotes Site.

Dealings with third parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a SafetyNotes Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.SafetyNotes assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your's alone.You agree that SafetyNotes shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Subscription/Fee based services

Certain of the Services made available on a SafetyNotes Site may be offered by SafetyNotes on a payment basis (a "Pay Service").Pay Services may be offered by SafetyNotes on a prepaid usage basis or on a periodic subscription ("Subscription") basis.Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process.You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees").Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable.All Fees are non-refundable. SafetyNotes reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service.You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.

In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree:(a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description,(b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account,(c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever,(d) that SafetyNotes reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and(e) that SafetyNotes reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where SafetyNotes has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions.Any such termination by SafetyNotes shall be in addition to and without prejudice to such rights and remedies as may be available to SafetyNotes, including injunction and other equitable remedies.Your ability to use the Pay Service is also subject to any limits established by SafetyNotes or by your credit card issuer.If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, SafetyNotes reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

Indemnification

You agree to defend, indemnify and hold harmless each of SafetyNotes, its affiliates and licensors and each of their respective officers, directors, employees and agents,including all third parties mentioned on a SafetyNotes Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees,resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a SafetyNotes Site, Services or Content; or (c) your use or reliance on, or publication,communication or distribution of anything on or from a SafetyNotes Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right,at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SafetyNotes, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SafetyNotes HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A SafetyNotes SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A SafetyNotes SITE OR ANY OF THE SERVICES.

You expressly acknowledge that SafetyNotes has entered into this agreement, and has and will make a SafetyNotes Site,Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and SafetyNotes.You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches,the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

Governing law/Jurisdictional issues

All SafetyNotes Sites and Services are controlled, operated and administered by SafetyNotes from its offices within Canada.SafetyNotes makes no representation or warranty that a SafetyNotes Site or any of the Services are appropriate or available for use at any locations outside Canada.If you access a SafetyNotes Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a SafetyNotes Site in violation of applicable export laws and regulations.These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles.Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

Arbitration and actions

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions,your use of any SafetyNotes Site or Service or the relationship which results from these Terms and Conditions, including without limitation,the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved,even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time.The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

You acknowledge and agree that SafetyNotes, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a SafetyNotes Site or any of the Services,and remove and discard any information or content related to a SafetyNotes Site or any of the Services (and your use thereof), for any reason,including where SafetyNotes believes that you have violated any of these Terms and Conditions.You further agree that SafetyNotes shall not be liable to you or to any other person as a result of any such suspension or termination.If you are dissatisfied with a SafetyNotes Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of SafetyNotes in operating a SafetyNotes Site or any of the Services,your sole and exclusive remedy is to discontinue using a SafetyNotes Site or any of the Services. SUBMISSION OF IDEAS AND/OR SUGGESTIONS

SafetyNotes is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions.UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SafetyNotes BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SafetyNotes,YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SafetyNotes THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU,THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SafetyNotes IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES,AS PROVIDED OR AS MODIFIED BY SafetyNotes, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

General provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between SafetyNotes and you pertaining to your use of a SafetyNotes Site, Services and Content and supersede any prior agreements between you and SafetyNotes with respect to the subject matter hereof.SafetyNotes's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction,such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.