Safety Agent Terms and Conditions
Welcome to Safetyagent.com, which is provided by Safety Agent, LLC. (either "we",
"us" or “Safety Agent”). These Terms of Service govern your use of the websites,
content, software and all other services offered through Safetyagent.com. Safety
Agent makes available a variety of products and services through Safetyagent.com
(collectively, the "Products and Services") subject to these General Terms of Service
("Terms of Service"). YOUR AFFIRMATIVE ACT OF USING SAFETYAGENT.COM SIGNIFIES THAT
YOU AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY, AND TO COMPLY WITH
THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO
TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE SAFETYAGENT.COM.
We may change these Terms of Service at any time. You can review the most current
version of these terms by clicking on the "Terms of Service" hypertext link located
at the bottom of our web pages. You are responsible for checking these terms periodically
for changes. If you continue to use Safetyagent.com after we post changes to these
Terms of Service, you are signifying your acceptance of the new terms.
Use of the Products and Services is subject to compliance with these Terms of Service.
You acknowledge and agree that Safety Agent may terminate your access to any of
the Products and Services should you fail to comply with the Terms of Service. Any
such termination shall be in Safety Agent’s sole discretion and may occur without
prior notice, or any notice. Safety Agent further reserves the right to terminate
any user's access to any of the Products and Services for any conduct that Safety
Agent, in its sole discretion, believes is or may be directly or indirectly harmful
to other users, to Safetyagent.com or its subsidiaries, affiliates, or business
contractors, or to other third parties, or for any conduct that violates any local,
state, federal, or foreign laws or regulations. Safety Agent further reserves the
right to terminate any user's access to the Products and Services for any reason
or for no reason at all, in Safety Agent’s sole discretion, without prior notice,
or any notice.
Certain of the Products and Services will require you to register and provide certain
data. In consideration of use of such Products and Services, in registering and
providing such data, you represent and warrant that: (a) the information about yourself
is true, accurate, current, and complete (apart from optional items) as required
by various Safetyagent.com registration forms ("Registration Data") and (b) you
will maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Safety Agent has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Safety Agent
has the right to suspend or terminate your account and refuse any and all current
or future use of the Products and Services. All Safety Agent registrations become
the exclusive property of Safety Agent, its affiliates and subsidiaries. Safety
Agent reserves the right to use and reuse all registration and other personally
identifiable user information.
You agree that we may provide to you required notices, agreements and other information
concerning Safety Agent electronically. We will post the notices on Safetyagent.com.
If you want to withdraw your consent to receive notices electronically, you must
discontinue your use of Safetyagent.com.
We may discontinue or change any service or feature on Safetyagent.com at any time
and without notice.
You must provide at your own expense the equipment and Internet connections that
you will need to access and use Safetyagent.com. You are soley responsible for any
costs you incur to access Safetyagent.com through any wireless or other communication
service.
You may use Safetyagent.com for lawful purposes only. You may not submit or transmit
through Safetyagent.com any material, or otherwise engage in any conduct that: (1)
violates or infringes the rights of others including, without limitation, patent,
trademark, trade secret, copyright, publicity or other proprietary rights, (2) is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, or contains explicit or graphic descriptions,
or accounts of, sexual acts, (3) victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability, (4) impersonates any person, business or entity,
including Safety Agent and its employees and agents, (5) contains viruses or any
other computer code, files or programs that interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment, or otherwise
permit the unauthorized use of a computer or computer network, (6) encourages conduct
that would constitute a criminal offense, or that gives rise to civil liability,
(7) violates these Terms of Service, guidelines or any policy posted on Safetyagent.com,
or (8) interferes with the use of Safetyagent.com by others. You may not use Safetyagent.com
in any manner that could damage, disable, overburden, or impair our servers or networks,
or interfere with any other party's use and enjoyment of Safetyagent.com. You may
not attempt to gain unauthorized access to any services, user accounts, computer
systems or networks, through hacking, password mining or any other means. We may
take any legal and technical remedies to prevent the violation of this provision
and to enforce these Terms of Service.
You may not use Safetyagent.com or any of our communication tools to transmit, directly
or indirectly, any unsolicited bulk communications (including e-mails and instant
messages). You may not harvest information about our users for the purpose of sending,
or to facilitate the sending, of unsolicited bulk communications. You may not induce
or allow others to use Safetyagent.com to violate the terms of this section. We
may terminate your access or use of Safetyagent.com immediately and take any other
legal action if you, or anyone using your access to Safetyagent.com, violates these
provisions. We may take any technical remedies to prevent unsolicited bulk communications
from entering, utilizing, or remaining with in our computer or communications networks.
We, our suppliers, and our users who lawfully post text, messages, information,
software, images, audio and video ("Content") on Safetyagent.com own the property
rights to that Content. The Content is protected by international treaties, and
by copyright, trademark, patent, and trade secret laws and other proprietary rights.
By way of example and not limitation, we own a copyright in the selection, organization,
arrangement, and enhancement of the Content, as well as in our original Content.
The look and feel of our color combinations, button shapes, and other graphical
elements on Safetyagent.com are our trademarks.
You may use Safetyagent.com and the Content offered on Safetyagent.com only for
personal, non- commercial purposes. You may use Content for personal use only and
subject to the rules that accompany that particular Content. You may not use the
Content in a manner that exceeds the rights granted for your use of the Content.
You may not use any data mining, robots, or similar data gathering and extraction
tools on the Content, frame any portion of Safetyagent.com or Content, or reproduce,
reprint, copy, store, publicly display, broadcast, transmit, modify, translate,
port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute
the Content without our prior written consent. You may not circumvent any mechanisms
included in the Content for preventing the unauthorized reproduction or distribution
of the Content.
Certain areas of Safetyagent.com may allow you to post Content that can be accessed
and viewed by others, including the public in general. You may only post Content
to public areas on Safetyagent.com that you created or that you have permission
to post. You may not post Content that violates these Terms of Service. We do not
claim ownership of any Content that you may post. However, with respect to any Content
posted by or in connection with the Products and Services, you grant Safety Agent
a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly
display, publicly perform, create compilations including, create derivative works
of, and distribute such Content to publish and promote such Content in connection
with the particular Products and Services and to publish and promote such Content.
Such license shall apply with respect to any form, media, or technology now known
or later developed. You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics, video, chat, messages,
files, or other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated. This
means that you, and not Safety Agent, are entirely responsible for all Content that
you upload, post, e-mail or otherwise transmit via the Services. Safety Agent does
not control the user or third party Content posted via the Products and Services,
and, as such, does not guarantee the accuracy, integrity or quality of such user
or third party Content. You acknowledge and Agree that by using the Products and
Services, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Safety Agent be liable in any way for any user or third
party Content, including, but not limited to, for any errors or omissions in any
such Content, or for any loss or damage of any kind incurred as a result of the
use of any such Content posted, e-mailed or otherwise transmitted via the Products
and Services. As a general matter, Safety Agent does not pre-screen user or third
party Content posted on Safetyagent.com, except for certain areas, although Safety
Agent reserves the right to do so. Safety Agent does not guarantee that any screening
will be done to your satisfaction or that any screening will be done at all. Safety
Agent reserves the right to monitor some, all, or no areas of the Products and Services
for adherence to these Terms of Service or any other rules or guidelines posted
by ShizoMe.
You agree that we are not liable for Content that is provided by others. We have
no duty to pre-screen Content, but we have the right to refuse to post or to edit
submitted Content. We reserve the right to remove Content for any reason, but we
are not responsible for any failure or delay in removing such material.
We respect the intellectual property of others. If you believe that your work has
been copied and is accessible on Safetyagent.com in a way that constitutes copyright
infringement, please contact us to report possible copyright infringement.
Safetyagent.com may include links to third party websites, including links provided
as automated search results. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. These links do not mean that we endorse
these third party sites or services. You acknowledge and agree that we are not responsible
or liable for any Content or other materials on these third party sites. Any dealings
that you have with advertisers found on Safetyagent.com are between you and the
advertiser and you acknowledge and agree that we are not liable for any loss or
claim you may have against an advertiser.
We provide Safetyagent.com "as is", "with all faults" and "as available." We and
our suppliers make no express warranties or guarantees about Safetyagent.com.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE
OF SAFETYAGENT.COM. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, the foregoing limitation
may not apply to you.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our
parent and other affiliated companies, and our respective employees, contractors,
officers, directors, and agents from all liabilities, claims, and expenses, including
attorney's fees that arise from your use or misuse of Safetyagent.com. We reserve
the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
We make no representation that Content on Safetyagent.com is appropriate or available
for use in locations outside the United States, and accessing it from territories
where the Content is illegal is prohibited. If you choose to access Safetyagent.com
from a location outside the U.S., you do so on your own initiative and you are responsible
for compliance with local laws.
You agree that the laws of the State of Colorado govern this contract and any claim
or dispute that you may have against us, without regard to Colorado’s conflict of
laws rules, and that the United Nations Convention on Contracts for the International
Sale of Goods shall have no applicability. You further agree that any disputes or
claims that you may have against us will be resolved by a court located in the State
of Colorado and you agree and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or action. PLEASE NOTE
THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU
MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING
YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE
IN, STATE OR FEDERAL COURTS IN THE STATE OF COLORADO OVER ANY DISPUTES OR CLAIMS
YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS
LOCATED IN THE STATE OF COLORADO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES
OR CLAIMS.
This contract and any supplemental terms, policies, rules and guidelines posted
on Safetyagent.com constitute the entire agreement between you and us and supersede
all previous written or oral agreements. If any part of these Terms of Service is
held invalid or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
You acknowledge and agree that, regardless of any statute or law to the contrary,
any claim or cause of action you may have arising out of, or relating to, your use
of Safetyagent.com or the Products and Services must be filed within one (1) year
after such claim or cause of action arises, or forever be barred.
Safety Agent’s failure to exercise any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision. If a court of competent
jurisdiction holds any provision of these Terms of Service to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and agree that the other provisions of
these Terms of Service remain in full force and effect.
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your
rights or obligations under these Terms of Service without prior express written
authorization of Safety Agent.
Without in any way limiting the prohibition on your resale, assignment, sublicensing,
or other transfer of rights or obligations, these Terms of Service shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs,
successors, and assigns.
Your right to use Safetyagent.com automatically terminates if you violate these
Terms of Service or any rules or guidelines posted in connection with Safetyagent.com.
We also reserve the right, in our sole discretion, to terminate your access to all
or part of Safetyagent.com, for any reason, with or without notice.
Live Safe
Play Safe
Stay
Safe
