TERMS OF USE

The following Terms of Use govern your use of the crewsafe.com Internet Web site (the “Site”) of CrewSafe(“CrewSafe”) and the materials accessible on or from the Site. Please read these Terms of Use carefully before accessing any part of the Site. Your access of the Site constitutes your agreement with and acknowledgement of the Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use and our Privacy Policy, please do not access the Site.

No Representations and Warranties

CrewSafe does not warrant or make any representations of any kind, whether express or implied, with respect to the materials and information contained on this Site, including but not limited to any warranty of merchantability, fitness for a particular purpose, title, accuracy or non-infringement. Your use of the Site is at your own risk. Information about our services and products and other information, including pricing, is subject to change at any time. The information found at the Site, including text, images and links to other sites, are provided by CrewSafe solely as a convenience to its users. This Site may contain inaccurate, incomplete, or out-of-date information and not all products or services referenced herein are available in all areas or at all times. CrewSafe assumes no responsibility for errors or omissions in the content of this site, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing the Site and discontinue using the information or material obtained. The user and CrewSafe agree that CrewSafe shall not be liable for any damages of any kind relating to the use of, or reliance upon, this Site or such material. Without limiting the generality of the foregoing, in no event will CrewSafe be liable for any direct or indirect, special, punitive, incidental or consequential damages of any kind, even if CrewSafe has been advised of the possibility of such damages.

EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR NON-INFRINGEMENT. CREWSAFE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INFORMATION OR OTHER MATERIALS CONTAINED ON THIS SITE WILL BE CORRECT, ERROR-FREE, ACCURATE, UP-TO-DATE, USEFUL, TIMELY OR RELIABLE, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED. CREWSAFE DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, INFORMATION OR OTHER MATERIALS ON THIS SITE, OR TO ENSURE THAT THIS SITE IS AVAILABLE FOR USE AT ALL TIMES OR FOR ANY PERIOD OF TIME OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL CREWSAFE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS SITE, OR ANY INTERNET WEBSITE TO WHICH THIS SITE IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR PROGRAMS OR DATA OR OTHERWISE, EVEN IF CREWSAFE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Safe Harbor Statement

The materials at this Site may contain various forward-looking statements and include assumptions concerning CrewSafe’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. The actual results or events may differ materially and adversely from those stated or implied by such forward-looking statements and related assumptions. Such factors include, among others, statements about our development and implementation of new services and products.

No Duty to Update

Postings are made at such times as determined by CrewSafe in its discretion. Readers should not assume that the information contained on this Site has been updated or otherwise contains current information. CrewSafe does not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. Information on this Site may be changed or updated without notice. CrewSafe may also make improvements and/or changes in its products and/or services and/or the programs described on this Site at any time without notice.

Links to Other Sites

CrewSafe may provide links to other Internet Web sites maintained by third parties. CrewSafe has not reviewed, endorsed, accepted responsibility for or approved these linked sites or any content, products or services offered in such sites and makes no representation about any other Internet Web site, even one that may contain a CrewSafe logo, trademark or copyright notice. You hereby acknowledge and agree that CrewSafe has no control of and shall not be responsible for any of the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all foreign, federal, state and local laws regarding content or other material obtained from this or linked sites. Your linking to off-site pages or other sites is at your own risk. Without limiting the generality of the foregoing, it is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

Intellectual Property

The Site may contain proprietary notices and copyrighted information and content. All information and content on the Site, including without limitation all designs, graphics, text, images, site layout and presentation, photographs, press releases, and other information, are protected under United States and other copyright and/or trademark laws and are owned by CrewSafe and/or used under license from the copyright or trademark owner. Your use of the Site is also subject to your compliance with all applicable laws involving copyrighted materials, trademarks and other intellectual property. By furnishing any information or content on or through the Site, CrewSafe does not grant any license to any such information or content. The information and content on the Site may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of CrewSafe and/or the owner of the intellectual property, except to the extent that such use is authorized under the United States and other relevant copyright laws. CrewSafe’s trademarks, trade name, logos, designs, images, and service marks used on the Site are the property of CrewSafe and may not be used without the prior written consent of CrewSafe and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners and may be subject to additional limitations and protections. This website may depict and or use trademarks and or logos owned by other entities and the use of them does not represent endorsement of CrewSafe, its services, or products by the trademark or IP owner.

This list below contains the most current trademark information on CrewSafe and or its parent company and its subsidiaries and affiliates.

The symbols ® and TM denote respectively federally registered trademarks and unregistered trademarks of CrewSafe and or its parent company and its subsidiaries and affiliates. The absence of a name or logo in the following list does not constitute a waiver of any and all intellectual property rights that CrewSafe and or its parent company and its subsidiaries and affiliates have established in any of its product, feature, or service names or logos. The status column refers to the status of the trademark in the United States and/or other countries.

Trademark Status
big MINI ®
CrewSafe ®
DigiGuard ®
ErgoFlow ®
Lizard ®
POMM ®
Power Of Many Minds ®
Off The Wall ®
Red Hot ®
SafetyCling ®
SafetyShade ®
Spellbound ®
Spellbound Development Group, Inc. ®
Steriguard ®
TESS ®
Viper ®
X-traSafe ®

 

Information from You

CrewSafe does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to CrewSafe will be deemed to be non-confidential. By sending CrewSafe any information or material, you grant CrewSafe an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CrewSafe is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Digital Millennium Copyright Act Notice

This section is provided in compliance with the Digital Millennium Copyright Act of 1998, as amended, to allow those who believe that a copyright or other intellectual property rights have been infringed to notify us. In appropriate circumstances and in our discretion, we will remove any content from the Site which we learn is violating the intellectual property rights of another. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CrewSafe with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on this Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Access from Outside of the United States

If you use the Site from a location outside of the United States, you are responsible for compliance with any applicable local laws. Some software, files, content, materials and/or data from our Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported, in particular to anyone on the U.S. Treasury Department’s specially designated nationals list or the U.S. Commerce Department’s Table of Deny Orders or into (or to a national or resident of) any country to which the United States has placed an embargo. If you download or use the software, files, content, materials or data available or accessible at or through the Site, you are confirming to CrewSafe that you are not on any such list and are not located in or a national or resident of any such country