END USER LICENSE AGREEMENT
Things you need to know before agreeing to use SiteSafe:
- SiteSafe is licensing you to use the app, you are not buying it nor do you own it.
- SiteSafe will work to protect your personal information from unauthorized use and will not sell it to another person or business.As you replace information or as it becomes unnecessary for the provision of the services, SiteSafe will delete it.
- SiteSafe is providing you with choices about the information your collect and store about yourself. By using the app to collect or provide information to any 3rd party about yourself, you are granting SiteSafe the right to collect and provide this information on your behalf.
- SiteSafe assumes the accuracy of the information you provide about yourself either directly or by authorizing others to provide information about you. You must ensure this information is correct and that you do not abuse the use of the system or provide fraudulent information.
- SiteSafe provides services that, if used properly, can promote, and support safe practices. However, SiteSafe does not guarantee the safety of anyone using the app.
- Ownership: SiteSafe is licensed, not sold, to you. Your license is subject to your prior acceptance of this Licensed Application End User License Agreement (“EULA”). Your license under this EULA is granted by the Application Provider. Any App that is subject to this EULA is referred to herein as the “Licensed Application.” The Application Provider (“SiteSafe”) reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
- Modifications: SiteSafe may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that SiteSafe may stop to support previous versions of the Product upon availability of an updated version. SiteSafe’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. SiteSafe also reserves the right to place additional limits on the use of the Product.
- Scope of License: SiteSafe grants to you a nontransferable license to use the Licensed Application as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by SiteSafe that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a new EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
- All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by SiteSafe. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, SiteSafe’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without SiteSafe’s prior permission and, if applicable, SiteSafe’s representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by SiteSafe.
- Prohibited Use: Without limiting SiteSafe’s rights to take action against you, you may not:
- create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software or fraudulent information);
- modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
- transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on SiteSafe’s servers and/or the Product and/or those of its service providers and partners;
- create, supply or use alternative methods of using the Products, for example server emulators;
- spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- transmitting or communicating any material or content which, in the sole and exclusive discretion of SiteSafe, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
- harassing or threatening any other users in the Product;
- make inappropriate use of the help service or the claim buttons or send untruthful reports to members of SiteSafe’s personnel;
- falsely claim to be an employee or representative of SiteSafe or its partners and/or agents;
- falsely claim an endorsement in connection with the Product or with SiteSafe.
- Termination: This EULA is effective until terminated by you or SiteSafe. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
- Export: You may not use or otherwise export or re-export the Licensed Application except as authorized by Canadian law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported into any Canadian-embargoed countries or provided to anyone on the Canadian denied entry persons list. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Canadian law.
- Protection of Privacy: SiteSafe will make reasonable efforts to protect the information you provide to SiteSafe from accidental or unauthorized disclosure to any other party. If this should occur, SiteSafe’s sole obligation is to resolve the cause of the breach and inform you of it. SiteSafe will delete any previous information that you replace and any information no longer required for the provision of the services or necessary to meet our legal responsibilities.
- Consent to Use of Personal Data: When you choose to provide SiteSafe with your personal information or authorize a 3rd Party to provide SiteSafe with data on your behalf, you agree that SiteSafe may collect and use this and related information for the provision and improvement of services. The information you choose to provide may include but is not limited to personal information about who you are, payment and billing information, health information, professional certifications, status validations, criminal record checks and memberships. SiteSafe may use this information to improve its products or to provide services or technologies to you.
- Consent to Disclosure of Information to Public Health and Law Enforcement Authorities: To facilitate Public Health Authorities to contact-trace persons suspected of contracting or being at risk of contracting any infectious disease, you consent to the use of your information to assess your potential exposure and your potential to have exposed others to the disease, and to contact you if you are determined to be at risk. As well, in the event you become or may have become the victim of a crime, you agree to the use of information regarding the last people who may have been in contact with you and to the release of this information to Law Enforcement to confirm or restore your safety.
- Consent to Use of Technical Data: You agree that SiteSafe may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and use patterns — that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. SiteSafe may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- External Services. The Licensed Application may enable access to SiteSafe’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. SiteSafe is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by SiteSafe or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of SiteSafe or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that SiteSafe is not responsible for any such use. External Services may not be available in all languages or in your country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. SiteSafe reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- No Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SITESAFE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SITESAFE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SITESAFE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SITESAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SiteSafe’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Jurisdiction: Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and SiteSafe shall be governed by the laws of Alberta, Canada. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within Calgary, Alberta, to resolve any dispute or claim arising from this Agreement.