Terms and Conditions of Website Use

Welcome to the Data Driven Safety, LLC (“Data Driven Safety”, “DDS”, “we”, “our” or “us”) website located at https://www.datadrivensafety.com. This website, and any of its affiliated sub-domains (“Website”), including all information accessed through it or related to it (“Materials” and, with the Website, the “Offering”), is subject to the terms and conditions of use (these “Terms”) in effect on the date you access or use the Offering. Please read these Terms before using our Website. By using the Website, you agree to be legally bound by these Terms. Should you object to any portion of these Terms, or to any subsequent modification(s) thereto, your only recourse or remedy is to immediately discontinue use of the Offering. Access to the Envision Portal shall be governed by a separate agreement.

Limited Use

Your right to access, display and use the Offering is conditioned on your strict compliance with these Terms.

Use of the Offering

The Offering, including all of the images, data, text, videos, photographs, graphics, logos, button icons, descriptions and all other material and content provided, and the collection and compilation and assembly thereof, are the exclusive properties of DDS or its partners, and are protected by U.S. and international copyright laws.

You have no express or implied right to use, disclose, publish, distribute, display, disseminate or otherwise make available to any other person or entity any portion of the Offering. All right, title and interest in and to the Offering is owned exclusively by DDS. You hereby grant DDS unfettered and exclusive rights to use and/or incorporate any suggestions made by you to the Offering.

All trademarks, logos or service marks appearing anywhere on the Offering are the property of DDS or their respective owners. To the extent any product name or logo does not appear with a trademark (“™”) does not constitute a waiver of any and all intellectual property rights that DDS, or the mark’s owner, has established in any of its products, features, or service names or logos. You are not permitted to use any of these marks or logos without the prior written permission of DDS or the mark’s owner.

As a condition of your use of the Offering, you will not use our Website, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where the Offering is being used, or prohibited by these Terms. You may not use the Offering in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Offering. You may not attempt to gain access to any portion of the Website, or any of its contents or services, other than those for which you are authorized.

Certain Restrictions

Your use of the Offering shall be in compliance with all applicable laws, rules, regulations, orders and decrees. At no time shall you take any action or allow any action to be taken, directly or indirectly, that causes (or is likely to cause or permit): (i) access, content, displays or functionality of the Offering to be altered or modified in any manner; (ii) the use, copy, disclosure, dissemination, reselling or unauthorized exploitation of any aspect of the Offering for your commercial gain or to the detriment of DDS; and (iii) any equipment or process to be used to determine the site architecture, extract information about usage, users, or to obtain code, underlying ideas, algorithms, logic structure or organizational information from the Offering.

No Warranties or Representations

All portions of the Offering provided by DDS, including all notifications and training materials are strictly provided on an AS-IS and AS-AVAILABLE basis and all warranties (whether express or implied, including the implied warranties of correctness, comprehensiveness, accuracy, timeliness, merchantability and fitness for a particular purpose) are disclaimed by DDS. For the sake of clarity, no warranty or representation is made that the Website will operate uninterrupted or error-free. You agree that your use of the Offering is at your sole risk.

Indemnification and Limitation of Liability

You agree to indemnify, defend, and hold DDS and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you. DDS shall in no event be liable to you or any third party claiming through you for the content, lack of content, accuracy, accessibility or timeliness (or the lack thereof) of the Offering. In no event shall DDS be liable for any damages of any kind arising from the use of the Offering, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages.

Links to and from Third-Party Websites

The Offering may contain links to websites operated by third parties. These third-party websites are not under our control and we are not responsible for the contents of any third-party websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an approval, endorsement or review by us of these third-party website(s).

If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page of our Website, and are subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is offensive or controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with applicable law.

If you choose to link our Website in breach of this Section, you shall fully indemnify us for any loss or damage suffered by DDS as a result of your actions.

Miscellaneous

The Offering, including all legal statements and materials, provides general information about DDS and its products and services, and are presented for informational purposes only and are in no way intended to substitute or replace professional legal advice. No attorney-client relationship is formed by your use of the Offering. These Terms and any disputes or controversies arising hereunder will be governed by and construed according to the laws of the State of North Carolina, without regard to its conflict of laws principles. If any portion of these Terms is held to be invalid or unenforceable under any law or rule, such portion shall be deemed reformed or deleted, to the minimum extent necessary to comply with such law or rule, and the remaining provisions of these Terms shall remain in full force and effect. No waiver of any provision hereunder by DDS shall affect the ability of DDS to enforce these Terms thereafter. The portions of these Terms that, by their nature, are designed to survive the termination of this binding contract shall continue in full force and effect beyond the date of such termination. These Terms constitute the entire agreement between you and DDS and supersede all previous communications, representations, or agreements, either oral or written. No understanding limiting, varying or expanding these Terms will be binding upon either you or DDS unless it is a signed writing executed by an officer of DDS.

All materials on datadrivensafety.com and its subdomains Ⓒ 2009–17 Data Driven Safety, LLC, all rights reserved. No copyright is claimed over government works.

Data Driven Safety, Envision, and Envision A Safer Tomorrow, Today are service marks of Data Driven Safety, LLC.

Last Updated: August 2018