Terms Of Use

The website https://www.aasafetyinc.com/ (the “Website”) is operated by A&A Safety, Inc., an Ohio corporation, and its affiliates (collectively, “A&A Safety”). By accessing or using the Website, or any part thereof, you agree to the following terms and conditions (these “Terms of Use”), as the same may be amended, from time-to-time. These Terms of Use apply to your use of the Website, including the A&A Safety services offered via the Website. If you do not agree, you should not use the Website.

Purpose of the Website

The Site is designed to provide information about safety and graphics. The information and services offered on or through the Website are provided solely for general business information, do not constitute agreements, acceptance of bids, legal, or any other professional advice, or an offer to purchase, sell, rent, or lease products or real estate.

Intellectual Property.

All content of the Website, including, without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of the Website (collectively, the “Content”), are the proprietary property of A&A Safety and its licensors. The Content is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Any rights in the Content not expressly granted to you herein are reserved to A&A Safety, and nothing herein shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise, not explicitly granted hereunder. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Website and/or Content in any form or by any means, in whole or in part, without express written permission from A&A Safety.

Trademarks.

This Site employs various trademarks and service marks of A&A Safety and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. Specifically, and without limitation, the mark “A&A Safety” is a registered trademark of the United States Patent and Trademark Office. Infringements of the trademark will be prosecuted to the full extent of the law.

Acceptable Use.

While using the Website, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations. This Site is provided solely for informational purposes and the purposes of enabling communication between you and A&A Safety. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our services. Furthermore, you agree that you will not:

  1. Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it;
  2. Attempt to gain unauthorized access to any Site account, computer systems or networks associated with A&A Safety or the Website;
  3. Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by A&A Safety;
  4. Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  6. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  7. Impersonate or attempt to impersonate A&A Safety, a A&A Safety employee, another user or any other person or entity (including, without limitation, by using email address associated with any of the foregoing).

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

ALTHOUGH A&A SAFETY MAKES EFFORTS TO PROVIDE ACCURATE INFORMATION, ALL INFORMATION OR SERVICES PROVIDED BY A&A SAFETY TO YOU VIA THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. A&A SAFETY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, ATTORNEYS AND THIRD PARTY SUPPLIERS (“A&A SAFETY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION:

 

  1. THE WARRANTIES AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS;
  2. THE QUALITY, ACCURACY, TIMELINESS, SUITABILITY, SEQUENCE, SECURITY, COMPLETENESS, OR AVAILABILITY OF THIS SITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THIS SITE;
  3. THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE;
  4. THE CONTENT AND SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY OF THE A&A SAFETY PARTIES, AND
  5. THAT ACCESS TO OR USE OF THE CONTENT OR SERVICES WILL BE
    UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK, AND THE A&A SAFETY PARTIES MAKE NO WARRANTIES IN CONNECTION THEREWITH. THE A&A SAFETY PARTIES FURTHER MAKE NO WARRANTY THAT THIS SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE.

 

IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE A&A SAFETY PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THIS SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT A&A SAFETY, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THIS SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST A&A SAFETY FOR DISSATISFACTION WITH THIS SITE OR THE CONTENT IS TO CEASE YOUR USE OF THIS SITE AND/OR THE CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

INFORMATION ABOUT YOU.

When you access the Website or any of the Content, A&A Safety may collect both personally and non- personally identifiable information about you and your use of the Website. This information includes, (a) what you intentionally submit to A&A Safety while using the Website, including, for example, by filling out forms with you contact information or by logging in with a user ID and password and (b) information that may be collected automatically while you use the Website, including, for example, IP address, IP host, session duration, and “click stream” data that tracks user activity in the Website.

Information collected by A&A Safety may be used of disclosed to conduct research on and to improve the Website, to perform customer service, accept job applications and support, to fulfill requests for services, and to provide information regarding A&A Safety services, including service-related announcements.

In some, but not all, circumstances, A&A Safety may provide you an opportunity to “opt out” of some uses or disclosures of personally identifiable information. In addition, regardless of whether or not you exercise an opportunity to opt out, A&A Safety reserves the right to disclose the information A&A Safety collects whenever it has reason to believe that use or disclosure may be necessary to identify possible violations of these Terms of Use or any separate license agreement, to identify, contact, or bring legal action against persons or entities who may be violating your rights, A&A Safety’s rights, or the rights of others, or if A&A Safety believes it is required to do so to respond to legal process or otherwise comply with law. A&A Safety reserves the right to use and disclose information collected to protect the security of A&A Safety’s software, products and services, web sites, users, and to protect from liability or in connection with a merger, acquisition or liquidation.

A&A Safety takes steps to protect the security of personally identifiable information collected, including, without limitation, physical, electronic, and procedural safeguards.

Further questions about the information A&A Safety collects can be directed to info@aasafetyinc.com.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL A&A SAFETY OR ANY OF ITS LEGAL ENTITIES OR THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, OR THE CONTENT, DATA, CONTENT OR INFORMATION ACCESSED VIA THIS SITE OR ANY HYPERLINKED SITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THIS SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF A&A SAFETY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, BY ACCESSING THIS SITE SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

Jurisdiction.

A&A Safety is headquartered in the State of Ohio of the United States. These Terms of Use and your use of the Website shall be governed by the laws of the State of Ohio without regard to its conflicts of laws principles. The federal and state courts located in Hamilton County, Ohio shall be the exclusive jurisdiction for any action brought against A&A Safety in connection with these Terms of Use or use of the Website. You irrevocably consent to the jurisdiction of the federal and state courts located in Hamilton County, Ohio, and to the jurisdiction of the federal and state courts located in any State where you are located, for any action brought against you in connection with these Terms of Use or use of the Website. If any material in the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, or if A&A Safety is not licensed as required by applicable laws or regulations in such locale, the Website is not intended for you, and A&A Safety asks you not to use the Website. You are responsible for informing
yourself of, and complying with, the laws of your jurisdiction.

Protection of Children.

Although the Website can technically be viewed by children, the Website is not intended for or target to children under the age of 13. We will not and do not knowingly request or collect any personally identifiable information from children.

Cookies.

Some areas of the Website use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of the Website. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Website.

International Use.

This Site is controlled and operated from within the United States. A&A Safety makes no representation that the Website is appropriate or available in locations outside of the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.

Miscellaneous.

These Terms of Use contain the entire understanding of the parties with respect to the Website and supersede any prior oral or written statements and documents with respect to such subject matter; provided, that these Terms of Use do not supersede any written license agreement between the parties. If any provisions of these Terms of Use should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed excised from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

A&A Safety is continuously updating and changing the Website, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that A&A Safety shall not be liable to you or top any third party for any modification, suspension or discontinuance of the Website (or any part thereof). Additionally, A&A Safety reserves the right, in its complete and sole discretion, to changes these Terms of Use at any time by post revised terms on the Website. It is your responsibility to check periodically for any changes A&A Safety may make to the Website and these Terms of Use. The continued use of the Website following the posting of changes to these Terms of Use or other policies confirms your acceptance of the changes.