



SERVICE & WEB SITE – TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND HEALTH AND SAFETY CLICK
The 'HealthandSafetyClick' Website is comprised of various Web sites and Web pages operated by HealthandSafetyClick or its affiliates (collectively, the "HealthandSafetyClick WebSites").
The HealthandSafetyClick Websites are offered to you conditional onyour acceptance without modification of the terms, conditions,and notices contained herein. Your use of the HealthandSafetyClick Websites constitutes your agreement toall such terms, conditions, and notices.
In the event that any of the terms, conditions, and notices contained herein conflict with other terms and guidelines contained within any particular HealthandSafetyClick Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement
MEMBER ACCOUNT, PASSWORD, AND SECURITY
We require you to open an account to do so you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then choose a password and a user name. You areentirely responsible for maintaining the confidentiality ofyour password and account. Furthermore, you are entirelyresponsible for any and all activities that occur under youraccount. You agree to notify HealthandSafetyClick Ltd immediately ofany unauthorized use of your account or any other breach of security. HealthandSafetyClick will not be liable for any lossthat you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by HealthandSafetyClick or another party due to someone else using your account or password. You may not use anyone else's account atany time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
HealthandSafetyClick reserves the right to change the terms, conditions, and notices under which the HealthandSafetyClick Sites/Services are offered, including but not limited to the charges associated with the use of the HealthandSafetyClickSites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the HealthandSafetyClick Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the HealthandSafetyClick Sites/Servicesare for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the HealthandSafetyClick Sites/Services.
LINKS TO THIRD PARTY SITES
The HealthandSafetyClickSites/Services may contain links to third party Websites("Linked Sites"). The Linked Sites are not under the control of HealthandSafetyClick and HealthandSafetyClick is not responsible for the contents of any Linked Site, including without limitationany link contained in a Linked Site, or any changes or updatesto a Linked Site. HealthandSafetyClick is not responsible forweb casting or any other form of transmission received fromany Linked Site nor is HealthandSafetyClick responsible if theLinked Site is not working appropriately. HealthandSafetyClick is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement byH ealthandSafetyClick of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the HealthandSafetyClick Sites/Services or participation in promotions, including the delivery of and the payment forgoods and services, and any other terms, conditions, warranties or representations associated with such dealings orpromotions, are solely between you and the advertiser or otherthird party. HealthandSafetyClick shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HealthandSafetyClick Sites/Services, you will not use the HealthandSafetyClick Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HealthandSafetyClick Sites/Services in any manner, which could damage, disable, overburden, or impair any HealthandSafetyClick Site/Service(s) (or the network(s) connected to any HealthandSafetyClick Site/Service(s)) or interfere with anyother party's use and enjoyment of any HealthandSafetyClickSite/Service(s). You may not attempt to gain unauthorized access to any HealthandSafetyClick Site/Service, other accounts, computer systems or networks connected to any HealthandSafetyClick Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the HealthandSafetyClick Sites/Services.
USE OF SERVICES
The HealthandSafetyClick Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, filecabinets and/or other message or communication facilities designed to enable you to communicate with others(collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to theparticular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
HealthandSafetyClick has no obligation to monitor the Communication Services.
However, HealthandSafetyClick reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HealthandSafetyClick reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for anyreason whatsoever.
HealthandSafetyClick reserves the right at alltimes to disclose any information as HealthandSafetyClick deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HealthandSafetyClick's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in anyCommunication Service. HealthandSafetyClick does not controlor endorse the content, messages or information found in any Communication Service and, therefore, HealthandSafetyClick specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation inany Communication Service. Managers and hosts are notauthorized HealthandSafetyClick spokespersons, and their viewsdo not necessarily reflect those of HealthandSafetyClick.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HealthandSafetyClick OR POSTED AT ANY HEALTH AND SAFETY CLICK WEBSITE
HealthandSafetyClick does not claim ownership of the materials youprovide to HealthandSafetyClick (including feedback andsuggestions) or post, upload, input or submit to any HealthandSafetyClick Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HealthandSafetyClick, its affiliated companies and necessary sublicensees permission to use your Submission in connection withthe operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translateand reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HealthandSafetyClick is under no obligation to post or use any Submission you may provideand HealthandSafetyClick may remove any Submission at any timein its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described inthis section including, without limitation, all the rights necessary for you to provide, post, upload, input or submitthe Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE HealthandSafetyClick SITES/SERVICES All content and software (if any) that is madeavailable to view and/or download in connection with the HealthandSafetyClick Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service ("Software") is owned by and is the copyrighted work of HealthandSafetyClick Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("LicenseAgreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, HealthandSafetyClick Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular HealthandSafetyClick Site/Service in accordance with these Terms ofUse, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproductio nof the content or software to any other server or location for further reproduction or redistribution is expressly prohibited.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the HealthandSafetyClick sites/services mayinclude inaccuracies or typographical errors. Changes areperiodically made to the HealthandSafetyClick sites/services and to the information therein. HealthandSafetyClick and/or its respective suppliers may make improvements and/or changes in the HealthandSafetyClick sites/services at any time. Advice received via the HealthandSafetyClick sites/services should not be relied upon for personal, medical, and legal or financial decisions and you should consult an appropriate professional for specific advicetailored to your situation.
HealthandSafetyClick limited and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the HealthandSafetyClick sites/services for any purpose.
All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. HealthandSafetyClick and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and relatedgraphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that HealthandSafetyClick shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered intothrough an HealthandSafetyClick site/service. You specificallyagree that HealthandSafetyClick is not responsible or liablefor any threatening, defamatory, obscene, offensive or illegal contentor conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that HealthandSafetyClick is not responsible for any content sent using and/or included in a HealthandSafetyClick site/service by any third party.
In no event shall HealthandSafetyClick and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits,arising out of or in any way connected with the use orperformance of the HealthandSafetyClick sites/services, with the delayor inability to use the HealthandSafetyClick sites/services or related services, the provision of or failure to provide services, or for any information, software, products, servicesand related graphics obtained through theHealthandSafetyClick sites/services, or otherwise arising out of the use of the HealthandSafetyClick sites/services, whether based on contract, tort, negligence, strict liability or otherwise,even if HealthandSafetyClick or any of its suppliers has beenadvised of the possibility of damages. If you are dissatisfied with any portion of the HealthandSafetyClick sites/services,or with any of these terms of use, your sole and exclusive remedy is to discontinue using the HealthandSafetyClick sites/services.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that HealthandSafetyClick may establish limits concerning use of any service offered on an HealthandSafetyClick Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received byan account on the service, the maximum size of an e-mailmessage that may be sent from or received by an account on theservice, the maximum disk space that will be allotted on HealthandSafetyClick's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that HealthandSafetyClick has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that HealthandSafetyClick reserves the right to delete accounts that are inactive for an extended period oftime.
HealthandSafetyClick Ltd makes no warranty that any service will be uninterrupted, timely, secure or error-free.
TERMINATION/ACCESS RESTRICTION
HealthandSafetyClick reserves the right, in its sole discretion, toterminate your access to any or all HealthandSafetyClickSites/Services and the related services or any portion thereof at any time, without notice.
HealthandSafetyClick shall have no obligation to maintain any content or to forward any unread or unsent messages to you orany third party.
NO SPAM; DAMAGES
HealthandSafetyClick will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay HealthandSafetyClick liquidated damages of £10.00 (Sterling) for each piece of Spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay HealthandSafetyClick's actual damages, to the extent such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
GENERAL
The laws of the United Kingdom govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue ofcourts in United Kingdom in all disputes arising out of or relating to the use of the HealthandSafetyClick Sites/Services.
Use of the HealthandSafetyClick Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions ofthese terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HealthandSafetyClick as a result of this agreement or use of the HealthandSafetyClick Sites/Services. You agree to indemnify and hold HealthandSafetyClick, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct onthe HealthandSafetyClick Sites/Services. HealthandSafetyClick reserves the right to disclose any personal information aboutyou or your use of the HealthandSafetyClick Sites/Services, including its contents, without your prior permission if HealthandSafetyClick has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legalprocess; (2) protect and defend the rights or property of HealthandSafetyClick or its affiliated companies; (3) enforcethe terms or use; or (4) act to protect the interests of its members or others. HealthandSafetyClick's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HealthandSafetyClick's right to comply with governmental, courtand law enforcement requests or requirements relating to youruse of the HealthandSafetyClick Sites/Services or information provided to or gathered by HealthandSafetyClick with respectto such use. If any part of this agreement is determined to be invalidor unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitationsset forth above, 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HealthandSafetyClick with respect to the HealthandSafetyClick Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HealthandSafetyClick with respect to theHealthandSafetyClick Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HealthandSafetyClick Web Sites are: Copyright of HealthandSafetyClick and/or its suppliers, 12 Saxonville, South Benfleet, Essex, SS7 5TD.All rights reserved.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intendedor should be inferred.
Any rights not expressly granted herein are reserved.
ADDITIONAL TERMS
Subscription-Based Content. Some contents and/or services on HealthandSafetyClick may be offered to you conditional on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit toH ealthandSafetyClick a subscription purchase request, youwarrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You have purchased anautomatically renewing subscription; you will not be charged the annual subscription fee for the year following notice of cancellation (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/orservices or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your accountname and password may result in cancellation of your subscription without refund and in additional charges based onunauthorized use.
FEES; PAYMENT
HealthandSafetyClick reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. HealthandSafetyClick further reserves the right to alter anyand all fees from time to time, without notice.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.