1. Terms of Use of SMG Website

1.1     This site is owned and operated by Safe Management Group (SMG).

1.2     PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to abide by the terms and conditions of these Terms of Use you may not use the SMG website. By using this website, you signify your assent to these Terms of Use.

1.3     These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use as they apply to you by sending us written notice. Your agreement with SMG to access the SMG website may terminate immediately without notice from SMG if in SMG's sole discretion you fail to comply with these Terms of Use. Upon termination, you must destroy all materials obtained from any and all SMG website(s) and all related documentation and all copies and installations of such materials or documentation, whether made under these Terms of Use or otherwise.

1.4     This site is controlled and operated by SMG from its offices within the Province of Ontario, Canada. SMG makes no representation that materials in the site are appropriate or available for use outside Canada. Those who choose to access this site from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

2. Ownership of the Information, Materials and Software of the Website

2.1     You expressly acknowledge and agree that the SMG website may contain information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to SMG or its licensors.

2.2     None of the materials may be copied, reproduced, republished, uploaded, transmitted, or distributed in any way, except as authorized by these Terms of Use. Modification or use of the Materials for any unauthorized purpose is a violation of SMG’s copyright and other proprietary rights. You may not redistribute, sell, decompile, reverse engineer, or disassemble any part of this website.

2.3     Areas may be provided on the SMG website for users to post and exchange ideas and information. The views and opinions expressed by such users do not necessarily reflect those of SMG or its content providers or licensors. You represent and warrant that you have all necessary rights in and to any materials you post on the website, and that such material will not infringe on any personal or proprietary rights of any third parties. Further, you authorize SMG to use and/or authorize others to use your postings in any manner, format or medium.

2.4     Some activities within SMG’s websites may request users to submit information that is tabulated and stored in a database. The data obtained is used to produce statistics that are integral to the educational value of these activities. Where such information is personal information, its collection, use and disclosure will be governed by the SMG website Privacy Policy, which can be accessed at www.safemanagement.org . In some activities where the information is not personal in nature, a user's specific responses may be identified by e-mail address and accessed separate from the aggregate. By participating in an activity that uses a database, you are giving us consent to include your information in the study.

2.5     The SMG website may require the use of Internet browser cookies to facilitate subscription processing, and to validate user role (instructor, student, etc.) upon login. These cookies are session based and expire when your Internet browser is shut down. SMG does not share this information with third parties, or use it for any purpose other than facilitating the user experience.

3. Use of the SMG Website

3.1     SMG website users may use, display, reformat, download, print and reproduce Materials obtained through the SMG website solely for their own personal, non-commercial, educational purposes.

3.2     SMG website users may access and use the SMG website from any computer at any location where there is an Internet connection. Where multiple user access is granted under the license, multiple individuals may log into the SMG website simultaneously from multiple locations.

3.3     The license granted to you by these Terms of Use is revocable, nonexclusive, personal to you and non-transferable.

3.4     Except as you may be expressly permitted by these Terms of Use, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of SMG and any other owner of the Intellectual Property Rights in such Materials.

3.5     You may, on an occasional and irregular basis, include insubstantial portions of Materials from the SMG website in memoranda, reports and presentations, and then only to the extent that such use constitutes “fair dealing” or “fair use” under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the SMG website and the information used, original source attribution, and the phrase "Used with permission from Safe Management Group" This exception does not include posting Materials from the SMG website to newsgroups, mail lists, electronic bulletin boards or any other on-line destination.

3.6     If you reproduce Materials from the SMG website, as permitted by these Terms of Use, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the SMG website, you must go to the place on the SMG website where such notices appear and copy them into the Materials you are reproducing.

3.7     Without in any way limiting your obligations set out above, you agree not to otherwise reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Materials from the SMG website to anyone, including but not limited to others in the same company, school, college or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of SMG.

3.8     If you wish to request permission to reproduce Materials from the SMG website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, please contact SMG.

4. Changes to The Terms of Use

4.1     SMG may change any or all of the provisions in these Terms of Use at any time. Changes will become effective when SMG posts the modified Terms of Use on its website. Continued use the SMG website constitutes acceptance of the modified Terms of Use.

4.2     These Terms of Use represent the entire agreement between SMG and you with respect to the SMG website. Headings in these Terms of Use are for your convenience only and do not have any legal meaning or effect. If SMG waives or fails to enforce any term or condition of these Terms of Use on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of these Terms of Use. The meaning of these Terms of Use cannot be changed by your or SMG's conduct, even if such conduct is repeated, or by any custom or practice of others engaged in the same or similar businesses.

5. Changes to SMG Website

5.1     SMG may change or discontinue any portion, feature or content of the SMG website at any time with or without notice to you. Likewise, SMG may at any time, with or without notice to you, restrict the use and accessibility of the SMG website as well as limit the duration and amount of use made of the SMG website.

6. Prohibitions

6.1     YOU MAY NOT:

6.1.1     Resell, rent, sublicense or otherwise make available the online training modules (“Course Content”) for use or distribution separately or detached from the SMG website to another person or legal entity. For example, the Course Content may not be made available for downloading separately or in a format designed or intended for reuse by others. Similarly, you may not provide the Course Content to third parties or permit third parties to use the Course Content separately or as part of any other training or educational product;

6.1.2     Create scandalous, obscene, defamatory or immoral works using the Course Content nor use the Course Content for any other purpose which is prohibited by law;

6.1.3     Use or permit the use of the Course Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Course Content or any part thereof;

6.1.4     Use the Course Content in electronic format, on-line or in multimedia applications unless the Course Content is incorporated for viewing purposes only and no permission is given to download and/or save the Course Content for any reason;

6.1.5     Use any Course Content except as expressly permitted by these Terms of Use.

7. Your Responsibilities

7.1     By accessing and using the SMG website under these Terms of Use, you certify that:

7.1.1     any information you have provided to SMG through this website is complete, accurate and current;

7.1.2     you will not share your User ID(s) or Password(s), if any, except as expressly authorized under these Terms of Use.

7.2     SMG may suspend and/or terminate your access to the SMG website if any of the information you have provided to SMG is untrue or otherwise misleading.

7.3     You are responsible for complying with all terms and conditions of these Terms of Use, as modified from time to time, and with any other rules and regulations of which SMG gives you notice. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the SMG website and for any charges incurred for your own access to the SMG website through an Internet access provider or other third party website.

7.4     You are responsible for all uses of the SMG website through your User ID(s) and Password(s), whether the use is made by you personally or by someone else. You are responsible for protecting and securing your User ID(s) and Password(s) from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the SMG website, such as the theft or unauthorized use of your User ID(s) and Password(s), you will notify SMG immediately.

8. Your Remedies

8.1     You agree that SMG shall have no liability whatsoever to you regarding your use of the SMG website.

8.2     Your sole right with respect to any disagreement or dissatisfaction with (a) these Terms of Use, as modified from time to time; (b) access to, use of, or performance of the SMG website, or (c) any Materials from or content accessible through the SMG website, is to terminate your access to and use of the SMG website.

9. Disclaimer

9.1     The materials and information in the SMG website are provided on an “as is” and “as available” basis. There are no warranties of any kind, express or implied, by operation of law or otherwise, regarding or relating to products or websites furnished to users under these Terms of Use or in connection with the SMG website, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose or warranties of title and noninfringement. SMG does not warrant that the content contained in the Course Content will be uninterrupted or error-free, that defects will be corrected, or that the SMG website or the server that makes it available are free of viruses or other harmful components.

9.2     Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

9.3     You expressly agree that SMG does not make any warranty as to the results that may be obtained from your use of the SMG website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the SMG website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by an SMG employee, reseller or other representative or otherwise, which is not contained in these Terms of Use shall be deemed to be a warranty by SMG for any purpose or give rise to any liability of SMG whatsoever, and you agree that you will not rely on any such statement, information or advice.

9.4     Where SMG is a distributor, rather than a publisher, of Materials accessible through the SMG website, SMG exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such Materials do not necessarily reflect those of SMG or its content providers or licensors. Neither SMG nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such Materials or any information contained in them.

10. Limitation of Liability

10.1     UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SMG BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF SMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SMG WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE SMG WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS SMG’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.2     If, notwithstanding the limitation of liability in section 10.1 above, SMG were to be held liable for any such damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of SMG and the parties described in the next sentence (SMG 's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount, if any, paid by you to SMG in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are for the benefit of SMG and SMG 's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the SMG website, and each shall have the right to assert and enforce the provisions directly on their own behalf.

10.3     This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that SMG is not liable for any defamatory, offensive, infringing, or illegal materials or conduct, or that of third parties contained on the SMG website, and SMG reserves the right to remove such materials from the SMG website without liability.

11. Indemnification by You

11.1     You agree to defend, indemnify and hold harmless SMG and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of these Terms of Use by you or arising from your use of the SMG website, or in connection with the placement or transmission by you of any material on the SMG website, except as expressly authorized in these Terms of Use.

12. Choice of Law

12.1     These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter referred to in these Terms of Use and shall not be modified except in writing.

13. Notices

13.1     If required, SMG may give notice to you by electronic mail, by a posting on the SMG website, or by conventional mail. Notice by SMG shall be effective on the date that SMG makes a good faith effort to reach you. You shall give any required notice to SMG as stated below. Notice by you shall be effective on the date that SMG actually receives the notice.

via e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

via mail: Safe Management Group Inc. 345 Lakeshore Road East, Suite 506, Oakville, Ontario L6J 1J5

13.2     This website may contain hyperlinks to other websites, which SMG offers as a courtesy and for your convenience. These websites may gather cookies or otherwise collect personal information about you. SMG is not responsible for the privacy practices or the content or accuracy of the information contained on these other websites. If you decide to navigate third-party websites by utilizing the links on this site, you do so at your own risk. SMG does not necessarily endorse the information, materials, products, services, or opinions contained on these third party websites. Any transactions you enter into with these websites are solely between you and the websites. SMG is not a party to any transactions you enter into with these third party websites. To protect your rights and interests, please review the terms and conditions and privacy statements of these third party websites.

 

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