SafeWorks,
LLC Internet Account Access Agreement
SafeWorks, LLC. ("SafeWorks") hereby agrees to grant the entity set forth on this
registration form ("Company") access to certain portions of SafeWorks non-public
website ("Internet Site") as SafeWorks and Company may from time to time agree,
in order to allow Company to communicate and engage in business transactions with
SafeWorks, subject to the terms and conditions set forth herein and to all applicable
laws and regulations.
1. Internet Site Access and Usage. Access to all or portions of the Internet Site
may be limited by various passwords, digital certificates or other Security Systems
which will be made available to Company by SafeWorks. Company will maintain these
techniques in confidence, and carefully control access to them. To the extent that
these Security Systems require identification of specific individuals or systems
in order to access the Internet Site on Company's behalf, Company hereby agrees
to advise SafeWorks promptly if there is any change in the individuals or systems
with such authority. Company agrees that SafeWorks may conclusively presume that
any party (other than SafeWorks) accessing the Internet Site using these Security
Systems is authorized to do so by Company. Company further agrees and acknowledges
that it is solely responsible for access to, and any use or misuse of, the Internet
Site via these Security Systems. Usage of the Internet Site by Company is governed
by the terms and conditions of this Agreement and by SafeWorks "Terms of Use" and
"Privacy Policy" at [http://www.safeworks.com].
2. Internet Site Content and Availability. SafeWorks reserves the right to modify,
delete or add content to the Internet Site, or to terminate the Internet Site, at
any time.
3. Confidentiality. Company may be given access to certain SafeWorks information
and data concerning research and development activities, marketing, product improvements,
manufacturing, price or cost data, the Security Systems and any other information
specifically designated by SafeWorks as confidential (herein, "Confidential Information").
Such Confidential Information shall not include information which is (i) in or becomes
part of the public domain other than by disclosure by Company in violation of this
Agreement; (ii) independently developed by Company with no use of the Confidential
Information provided under any agreement; (iii) obtained by Company from third parties
without a duty of confidentiality; or (iv) required to be disclosed by law, statute
or regulation, provided that, wherever practical, Company shall provide SafeWorks
with prior notice of such required disclosure and an opportunity to attempt to limit
such disclosure. Company hereby agrees (i) not to disclose Confidential Information
to any third party and (ii) to use the Confidential Information only for the purpose
of doing business with SafeWorks, which shall be entitled to injunctive relief to
enforce Company's compliance with the obligations contained in this paragraph 3,
it being understood and agreed that SafeWorks will not have an adequate remedy at
law if such obligations are not fulfilled.
4. Liability. While SafeWorks will use reasonable commercial efforts to include
accurate and up-to-date information on the Internet Site, SafeWorks assumes no liability
or responsibility for any errors or omissions in such content, and SafeWorks shall
not be liable for damages of any kind, whether direct, indirect, consequential,
or exemplary, resulting from Company's use of, or inability to use, the Internet
Site. SAFEWORKS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO
INFORMATION CONTAINED ON THE INTERNET SITE OR THE AVAILABILITY OF ACCESS TO THE
INTERNET SITE.
5. Term and Termination. This Agreement shall become effective upon Company’s
first use of the Internet Site and may be terminated by either party upon not less
than 30 days prior written notice to the other party, or immediately for cause.
6. General. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington, USA. Failure of either party to enforce any
provision of this Agreement shall not constitute or be construed as a waiver of
such provision, nor of the future right to enforce such provision. This Agreement
shall be binding upon, and shall inure to the benefit of, the parties hereto and
to their successors and permitted assigns.