PRIVACY POLICY
Updated: July 31, 2019
Overview
SmartSafety Software, Inc. is committed to protecting the privacy and security of the personal information we receive or collect from you. We also believe in transparency and are committed to informing you about how we treat your personal information.
SmartSafety Software, Inc. (hereinafter referred to in this Privacy Policy as "Smart Safety Software Inc.," "Smart Safety Software Inc.", "we," "us" or "our") has prepared this Privacy Policy (the "Policy"), together with our Terms of Use and any documents referenced therein, to inform you ("you", "your" or "user") of our practices regarding personal information that we collect, use, and share through our website. The Policy also describes certain rights and options that you have with regard to your personal information.
This Policy does not apply to information you may provide to us offline or through means other than through this Website.
Please read this Privacy Policy carefully to understand how we treat your personal information and the related choices and rights available to you. If you do not agree with the terms and conditions of this Policy, you should not access or use the Site.
Our Role in Protecting the Privacy and Security of Your Personal Information
Smart Safety Software Inc. is responsible for implementing applicable data protection principles and safeguarding the personal information that you provide to us through our Website.
If you are a user in the European Union (the "EU") or European Economic Area ("EEA"), Smart Safety Software Inc. will be the controller of the personal information we collect from you for purposes of the E.U. General Data Protection Regulation, 2016/679 (the "GDPR").
What Personal Information Do We Collect and Why
We may collect and process the following personal information from you for the following purposes:
| CATEGORY | TYPES OF DATA AND PURPOSE |
|---|---|
| Contact Information | When you visit our Site or ask for services, we may ask you for your name, address, telephone number, email address or other contact details in order to respond to your requests or inquiries about our Site or services. |
| User Account Information | When you create an account, we collect your contact information, other identifying information (e.g., age, date of birth, photo), username and password, and other registration information, including payment information necessary to enable us to fulfill your account registration request and maintain your account profile. You may edit or update your user account information at any time. |
| Conference Registration Information | When you register for a conference or seminar hosted by us, we collect your contact information and other details necessary for processing the registration, including payment information. |
| Business Information | When you seek services from us in the course of contractual or customer relationships between you, your organization, and Smart Safety Software Inc., we collect business contact information and other personal information in order to provide you with the services you have requested. |
| Financial and Payment Information | When you purchase goods or services from Smart Safety Software Inc., we may collect your bank account and other information necessary to process payments, including credit card numbers, security codes, expiration dates, and other related billing information. |
| Location Information | When you use our Site, we may collect information about your use of our Site and services for advertising, analytics, and content development purposes and to maintain and improve the security of our Site and services. Location information collected may include your Internet Protocol (IP) address, internet tags, GPS, Wi-Fi, cellular technology, Radio-frequency identification (RFID), Bluetooth or other beacon technology or other similar location-tracking technologies. |
| Cookies | When you visit our Site, we or third parties may collect cookies and use similar technologies to, among other things, provide you with a more personal and interactive experience on our Site, improve our marketing efforts, and provide usage analytics for our Site (e.g., page response times, download errors, length of visit, webpages visited, etc.). If you choose to disable cookies and similar technologies, some areas and features of the Site may not work properly. |
| Automated Information | When you visit our Site, we or third parties automatically collect information from your browser or your mobile device, which may include Internet Protocol (IP) address or unique device identifier, cookies, and data about which pages you visit in order to allow us to operate and provide the Site and our services. This information is used to maintain and improve the security of our Site and services, to analyze and improve the quality of our Site and services, understand how you interact with the Site, and provide advertising and a more personalized experience to you. |
| Email Interconnectivity | If you receive email communications from us, we may use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. We use this information to enhance our marketing efforts. |
| Employment | If you apply for a job, or become an employee, we collect personal information necessary to process your application or employment. This may include, among other things, your contact information, your social security number, employment history, etc. |
| Feedback/Support/Inquiries | If you provide us with feedback or contact us for support or ask us questions, we will collect your name, email address, other contact information and other information needed to respond to your feedback, request for support, or answer your question. |
| Mailing List | When you sign up for one of our mailing lists, we collect your contact information, including your email address and postal address. |
| Order Placement | When you place an order with or purchase goods or services from us, we collect your name, billing address, shipping address, email address, and contact details, shipping preferences, and payment information. |
| Sensitive Personal Information | When necessary in order to respond to your requests for services or employment, we may collect information regarding your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health information, financial information, or data concerning your sex life or sexual orientation. Smart Safety Software Inc. will only collect this sensitive personal information with your express consent or as otherwise permitted by applicable law. |
| Product Usage Information | When you install and use our products, we may collect information about how you use them. We use this information to improve the utility, usability, and reliability of our products and to monitor your compliance with terms of your product license agreement. Product usage information collected may include your Internet Protocol (IP) address, User ID, Machine Name, License Code, Product ID, Product Version, and details Code, Product Name, Product Version, and about the operations you perform while using our products such as creating a new diagram, saving a diagram, adding a vehicle symbol, printing a diagram, and the like. |
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly-available sources.
How Will We Use Your Personal Information?
In addition to the uses described above, Smart Safety Software Inc. uses the personal information collected in an effort to improve your experience on the Site, to provide services to you, and to communicate with you about the information you have requested. Smart Safety Software Inc. may also use personal information to help target specific offers to you and to help Smart Safety Software Inc. develop and improve our Site and services. Additionally, Smart Safety Software Inc. may use your personal information in the following ways:
- To provide you with services you have requested and to manage our relationship with you, including administering your account, processing payments, accounting, auditing, billing and collection and taking other steps necessary to the performance of our business relationship with you;
- To present and improve Site contact and functionality;
- To determine user interests, needs and preferences;
- To provide notice of changes to our Site or the services we offer or provide through it;
- To conduct research and analysis;
- To develop new products and services;
- To manage and maintain the security of our Site and services;
- To market our services to you. We will only provide you with marketing related information after you have, where legally required to do so, opted in to receive those communications and having provided you with the opportunity to opt-out of such communications at any time. We do not sell or distribute this information to third parties or use it for any other purpose.
- To comply with our legal and compliance obligations, including maintaining records, performing compliance audits, etc.
- For insurance purposes;
- To exercise and defend our legal rights, or to comply with court orders;
- For any other purpose related to and/or ancillary to any of the purposes and uses described in this Policy for which your personal information was provided to us;
- In any other way we may describe when you provide the information; and
- For any other purpose to which you have consented or for which we have a legitimate basis under the law.
We may process your personal information in connection with any of the purposes and uses set out in this Policy on one or more of the following legal grounds:
- because it is necessary to perform the services you have requested, to comply with your instructions or requests, or other contractual obligations between you and Smart Safety Software Inc.;
- to comply with our legal obligations as well as to keep records of our compliance processes;
- because our legitimate interests, or those of a third-party recipient of your personal information, makes the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms;
- because you have chosen to publish or display your personal information on a public area of the Site, such as blog or comment area;
- because it is necessary to protect your vital interests;
- because it is necessary in the public interest; or
- because you have expressly given us your consent to process your personal information in a particular manner.
We do not use your personal information for making any automated decisions affecting or creating profiles other than as described above.
We rely on your express opt-in consent to (1) send marketing communications; (2) for third-party data-sharing relating to advertising; and (3) for the use of cookies and similar technologies.
Disclosure of Your Personal Information
| CATEGORY | DISCLOSURE CONTEXTS |
|---|---|
| Subsidiaries and Acquisitions | We may share your personal information with our corporate subsidiaries and affiliates. If another company acquires Smart Safety Software Inc., we will share your personal information with that company. |
| Disclosures with Your Consent | We may ask if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your personal information in this context with your consent. |
| Disclosures Without Your Consent | We may disclose your personal information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our legal rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property or a violation of our Terms of Use, or to comply with your request for shipment of items ordered from us to the provision of services by a third-party. |
| Public | Some areas of our Site provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit your personal information in these areas, you do so at your own risk and acknowledge that the information will be publicly-available. |
| Directories | You may consent through account or conference/seminar registrations to having your contact information shared with other account holders or conference/seminar registrants. |
| Third Parties | Smart Safety Software Inc. may provide personal information about you to third parties that offer products and services specifically requested by you. |
| Service Providers | Smart Safety Software Inc. may share your personal information with our service providers. Among other things, service providers may help us to administer the Site, support our provision of services requested by you, provide technical support, send marketing, promotions and communications to you about our service, payment processing and other legitimate purposes permitted by law. |
How Long Do We Store Your Personal Information?
Smart Safety Software Inc. will retain your personal information as needed to fulfill the purposes for which it was lawfully collected. Smart Safety Software Inc. also will retain and use your personal information as long as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, provide our services, and enforce our agreements.
When we no longer have a purpose to retain your personal information, we will destroy your personal information in accordance with applicable law and our policies.
Security of Your Personal Information
Smart Safety Software Inc. has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized manner, altered, or disclosed. While our security measures seek to protect your personal information in our possession, no security system is perfect and Smart Safety Software Inc. cannot promise that your personal information will remain absolutely secure in all circumstances.
The safety and security of your personal information also depends on you. Where you use a password for access to restricted parts of the Site, you are responsible for keeping the password confidential. Do not share your password with anyone.
If a security breach causes an unauthorized intrusion into our Site or systems that compromises your data, we will notify you and any applicable regulator when we are required to do so by law.
Updating Your Personal Information
If any of the personal information you have provided to us changes, please let us know. For instance, if your email changes, you wish to cancel any request you have made of us, or if you become aware of inaccurate personal information about you, use our Contact Us details to update your information. You may also edit your account details if you have a user account through our Site.
We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete personal data that you provide to us.
Your Rights to Access and Control Your Personal Information
Please use the Contact Us details at the end of this Policy to exercise your rights and choices under this Policy.
Right of Access. If required by law (e.g., under the GDPR), upon request, we will grant reasonable access to the personal information that we hold about you.
Accuracy. Our goal is to keep your personal information accurate, current, and complete. Please contact us if you believe your information is not accurate or changes.
Right to Object. In certain circumstances, as permitted under applicable law, you have the right to object to processing of your personal information. If you would like us to stop using or wish to restrict our processing of your personal information, please contact us and we will let you know if we are able to agree to your request.
Right to Erasure and Deletion of Your Personal Information. You may have a legal right (for instance, if you are located in the EU or EEA under the GDPR) to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected, or when, among other things, your personal information has been unlawfully processed. All deletion requests should be sent to the address noted in the Contact Us section of this Policy.
We may decide to delete your personal information if we believe it is incomplete, inaccurate or that our continued storage of your personal information is contrary to our legal obligations or business objectives. When we delete personal information, it will be removed from our active servers and databases and our Site, but it may remain archived when it is not practical or possible to delete it. We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.
Right to Withdraw Consent. If you have provided your consent to the collection, processing and transfer of your personal information, you have the right to fully or partially withdraw your consent. To withdraw your consent, in full or in part, please notify us using the information in the Contact Us section of this Policy and you may follow opt-out links on any marketing communications sent to you. Once we have received notice that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our services.
Right to Complain. If you wish to file a complaint with us about our privacy practices, you may do so by contacting us using the information provided in the Contact Us section of this Policy and we will do our best to respond to and, if possible, resolve your complaint. If you believe that your rights relating to your personal information have been violated, you have a right to lodge a complaint with the applicable enforcement authority, or seek a remedy through the courts.
Online Tracking. We do not currently recognize browser settings or signals of tracking preferences, which may include "Do Not Track" instructions.
California Residents. California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing. If you are a California resident and would like a copy of such notice, please submit a written request to us using the information in the Contact Us section of this Policy.
European Union or European Economic Area Residents. If you are located in the EU or EEA and believe we have not processed your personal information in accordance with applicable provisions of the GDPR, you may file a complaint with your local data protection or supervisory authority.
Cross Border Transfers of Personal Information
Smart Safety Software Inc. is located and established in the United States and therefore, your personal information may be transferred to, stored or processed in the United States. While the data protection, privacy and other laws of the United States might not be as comprehensive as those in your country, we take necessary and appropriate steps to protect the security and privacy of your personal information. By using our Site or requesting services from us, you understand and consent to the collection, storage, processing and transfer of your personal information to our facilities in the United States and those third parties with whom we share it as described in this Policy.
Residents of the EU / EEA. We rely on recognized legal bases to lawfully conduct cross-border transfers of personal information outside of the European Union (EU) and European Economic Area (EEA), such as your express informed consent (as noted above), when transfer is necessary for us to deliver services pursuant to an agreement between Smart Safety Software Inc. and you, or when the transfer is subject to safeguards that assure the protection of your personal information, such as the European Commission's approved standard contractual clauses.
Links to Other Sites
This Site may contain links to, and media and other content from, third-party websites. These links are to external websites and third parties over which we have no control or supervision. If you click on an embedded third-party link, you will be redirected away from this Site to the external third-party website. You can check the URL to confirm that you have left this Site.
Smart Safety Software Inc. cannot and does not (i) guarantee the adequacy of privacy, security, practice content or media provided by third parties or their websites, (ii) control third parties' independent collection or use of your personal information, or (iii) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.
Any personal information provided by you or automatically collected from you by a third-party will be governed by that party's privacy policy and terms of use.
Children
The Children's Online Privacy Protection Act ("COPPA"), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the internet. Our Site and the services are not directed to children aged 16 or younger, nor is information knowingly collected from children under the age of 16. No one under the age of 16 may access, browse, or use the Site or provide any information to or on the Site. If you are under 16, please do not use or provide any information on this Site. If we learn that we have collected or received personal information from a child under the age of 16 without a parent's or legal guardian's consent, we will take steps to stop collecting that information and delete it.
For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.
Changes to Our Privacy Policy
We reserve the right to update and change this Policy from time to time in order to reflect any changes to the way in which we treat your personal information or in response to changes in law. We will post any changes we make to this Policy on this page. If we make material changes to how we treat your personal information, we will notify you through a notice on the website home page as well. The date this Policy was last revised is identified at the top of this Policy.
Contact Details
If you have questions or comments about this Policy, wish to access personal information we hold about you; believe the personal information we have about you is incorrect, or wish to lodge a complaint with us about how we have handled your personal information, please contact us using the contact details below and we will do our best to assist you:
- Complete the form on the Contact page
-
Call us at:
877.908.4777 -
Write to us at:
Smart Safety Software Inc.
320 SW 5th Avenue
Meridian, ID 83642
Terms of Use - SmartSafety Software, Inc.
Updated: July 31, 2019
SmartSafety Software, Inc. (hereinafter referred to as "Smart Safety Software Inc.," "Smart Safety Software Inc.", "we," "us," or "our"), operates this website, including the web pages located on the domain Smart Safety Software Inc..com (collectively, the "Site"). By using or accessing the Site you signify your agreement to these Terms of Use and SmartSafety Software's Privacy Policy and is incorporated herein by reference.
We may modify these Terms of Use from time to time in our sole discretion. Your continued use of the Site constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes, as they are binding on you. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may not use or access the Site.
This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Intellectual Property
These Terms of Use permit you to use the Site exclusively for business use as it relates to your relationship to Smart Safety Software Inc., and your personal and other non- commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download information from the Site only for business use as it relates to your relationship with Smart Safety Software Inc., and your own personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.
These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Smart Safety Software Inc.. Modification of any content on the Site is explicitly prohibited. You are also prohibited from utilizing this Site in any way that would damage its content or visibility for other visitors. As between Smart Safety Software Inc. and you, Smart Safety Software Inc. has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Smart Safety Software Inc.. All trademarks, service marks, trade dress, product names, company names or logos on the Site, whether registered or not, are the property of SmartSafety Software, Inc. (referred to as "Smart Safety Software Inc."). In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of SmartSafety Software, Inc. (referred to as "Smart Safety Software Inc.").
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to: (i) use the Site in any way that violates federal, state, local or international law or regulation; (ii) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (iii) attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; and (iv) otherwise attempt to interfere with the proper working of the Site.
Informational Content
The information presented on or through the Site is made available solely for informational purposes. The Site is limited to the dissemination of general information of the product and/or service offerings provided by Smart Safety Software Inc.. Smart Safety Software Inc. uses reasonable efforts to update the information on the Site.
However, the contents of the Site are subject to change without notice. Smart Safety Software Inc. makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Please contact us via the methods provided on the Contact page of the Site if you have questions about the information presented on the Site.
Third-party Sites and Content
This Site contains links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third-party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
Risk Allocation
WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
IN NO EVENT SHALL Smart Safety Software Inc., ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE "COMPANY ENTITIES") BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE Smart Safety Software Inc. SITE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications, Interruption of Service and Account Security
Smart Safety Software Inc. reserves the right to modify or discontinue this Site with or without notice to the user. Smart Safety Software Inc. shall not be liable to the user or any third party should Smart Safety Software Inc. exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted or secure access to our Site. The operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Use.
Geographic Restrictions
Smart Safety Software Inc. makes no representations that the information on the Site is appropriate or available for use in all locations. Use of or access to the Site may not be legal by certain persons or in certain countries. By using or accessing this Site, you do so on your own initiative and are responsible for compliance with applicable local laws.
Indemnification
You agree to defend, indemnify and hold harmless the Company Entities and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
General
These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys' fees. Nothing in these Terms of Use limits either party's ability to seek equitable relief. Smart Safety Software Inc. shall be entitled to reasonable attorneys' fees and costs in connection with enforcing any provision of these Terms of Use. No waiver by Smart Safety Software Inc. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by Smart Safety Software Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and the Parties with respect to the Site and supersedes all previous written or oral agreements. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.
Contact Information
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to Smart Safety Software Inc. via the methods provided on the Contact Page of the Site.
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