Terms of Service Safety In Your Hand, Inc.

 

The following are the terms and conditions for use of the SHEcentral.net service including the associated handheld programs SHECklist & SHECA and the transmission of data between the handheld and SHEcentral.net and other services which may be offered from time to time by Safety In Your Hand, Inc. for use with your account or login name (each feature individually and collectively referred to as the "Service"). Please read them carefully.

 

This Service is provided to individuals, partnerships, limited liability companies, corporations and other entities involved in the operational management of their organizations. BY CLICKING THE "ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). This TOS constitutes an End User License Agreement (EULA) for the use of the server based and handheld, phone / tablet software programs. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

 

A free 30 day evaluation period is applied with every registration and commences upon clicking the Accept button. User credit cards are triggered on Paypal after thirty days of use based on the number of users registered. If you chose not to participate beyond the evaluation period, it is your responsibility to deactivate your credit card.

 

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify the webmaster immediately of any unauthorized use of your account or any other breach of security.

 

2. MEMBER PRIVACY

It is SHEcentral.net policy to respect the privacy of the site users. SHEcentral.net will not monitor, edit, or disclose any information about you or your use of the Service, including its contents, without your prior permission unless SHEcentral.net has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of SHEcentral.net or the server hosting agency (3) enforce the TOS; or (4) act to protect the interests of its members or others. SHEcentral.net does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to SHEcentral.net may be stored outside of the country in which you reside.

You agree that SHEcentral.net may access your account, including its contents, as stated above or to respond to service or technical issues.

 

3. HANDHELD PROGRAMS & OTHER LIMITATIONS

The handheld programs SHECklist & SHECA are downloaded and installed by the user on the appropriate handheld, phone or tablet.  They are subjected to the same protection as SHEcentral.net under this agreement. The reverse engineering, disassembly, decompilation  is not authorized and strictly prohibited, and are protected by the appropriate laws associated with software intellectual property. Your registration is an indication of acceptance of these requirements. All upgrades will replace the existing files electronically. The exchange of data between the handheld, phone or tablet and shecentral.net is authorized to be conducted only wirelessly. Safety In Your Hand, Inc. is not responsible for any virus, corruption of the handhelds electronic files or folders or speed of transmission between the server and handhelds. The extent to which the handheld is data capable is subject to the handheld manufacturer's design, the performance of the handheld Operating System (OS) and the sum total of all loaded programs. Shecklist and Sheca are each standalone, independent software and are not integrateable with or APIs provided for, interaction with other loaded software on the handheld. Compatibility and operating conflicts with other handheld programs are not the responsibility of Safety In Your Hand, Inc. Each of Shecklist and Sheca are not approved to operate with simultaneously opened programs or with programs running in the background on the handheld, phone or tablet.

 

4. MEMBER CONDUCT

As a condition of your use of the Service, you warrant to Safety In Your Hand, Inc. that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

  • Allow the use of an individual's username and password to be used by other individuals to gain access to handheld programs.
  • Concurrently,  at the same time, apply an individual user license (username and password) to more than one handheld, electronic device or tablet
  • Allow our technology to detect multi-use of a user name/password by more than one person; and that penalty charges will apply for each such instance and/or the immediate closure of an account without warning.
  • Use the Service in connection with contests, pyramid schemes, chain letters, Junk email, spamming or any duplicative or unsolicited message (commercial or otherwise).
  • Defame, abuse, misuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
  • Access the program for purposes other than its intended use of receiving the service, and that such access is for the purposes of trials or utilization of the technology to receive the service; it is not licensable for any other purpose.
  • Advertise or offer to sell or buy any goods or services for any non-personal purpose.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Create a false identity for the purpose of misleading others as to the identity of the sender, usage of the program or the origin of a message.
  • Use, download, without authorization from Safety In your Hand, Inc. transfer software or licenses to other servers, mobiles, handhelds, laptops, tablets, desk computers to other electronic machines not specifically mentioned or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs cancelbots, or any other harmful or deleterious programs
  • Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  • Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
  • Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

 

This product is licensable to the types of companies called out in Solution by industry type or other associated service industries or consultants /trainers associated with Safety, Maintenance, Process or Management. Licenses to developing, coding or programming individuals, companies, departments are strictly prohibited.

Safety In Your Hand, Inc. has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Safety In Your Hand, Inc. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

5. LINKS TO THIRD PARTY SITES

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF SHEcentral.net AND SHEcentral.net IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SHECENTRAL.NET IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SHECENTRAL.NET IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SHECENTRAL.NET OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

 

6. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SHEcentral.net and/or its respective suppliers may make improvements and/or changes in the Service at any time.

Safety In Your Hand, Inc. does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Safety In Your Hand, Inc. does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Safety In Your Hand, Inc. 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 into through the Service. You specifically agree that Safety In Your Hand, Inc. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that SHEcentral.net is not responsible for any content sent using and/or included in the Service by any third party.

 

SAFETY IN YOUR HAND, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SHEcentral.net AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SAFETY IN YOUR HAND, INC. 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 OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHEcentral.net OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OFTHE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLEAND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

 

7. INDEMNIFICATION

You agree to indemnify and hold Safety In Your Hand, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

 

8. TERMINATION

Safety In Your Hand, Inc. may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

Safety In Your Hand, Inc. may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by SHEcentral.net. The amount of time that SHEcentral.net currently views as an "extended" period of time is 90 days from either a sent or received e-mail. Upon termination of the Service, your right to use the Service immediately ceases and re-registration is required.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service by deactivating your credit card from your Paypal account.

Safety In Your Hand, Inc. shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

 

9. NO SPAM; DAMAGES

Safety In Your Hand, Inc. 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 SHEcentral.net liquidated damages of $15 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay SHEcentral.net actual damages, to the extent such actual damages can be reasonably calculated.

 

10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Advertiser or other third party. Safety In Your Hand, Inc. shall not be responsible or liable for any part of any such dealings or promotions.

 

11. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by SHEcentral.net or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

 

12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

Safety In Your Hand, Inc. reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

 

13. GENERAL

This agreement is governed by the laws of the State of Nevada, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SHEcentral.net as a result of this agreement or use of the Service. SHEcentral.net performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SHEcentral.net right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by SHEcentral.net with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set 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 SHEcentral.net with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SHEcentral.net with respect to the Service. 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. You and SHEcentral.net agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

 

14. LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

 

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Service are Copyright (c) 2011 Safety In Your Hand, Inc. 2225 East Bayshore Rd #293, Palo Alto, CA 94303. All rights reserved. Any rights not expressly granted herein are reserved.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the address in the previous paragraph. See Notice and Procedure for Making Claims of Copyright Infringement