Terms and Conditions for SafeDecisions Customer Website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Welcome to www.safedecisions.com, the official website for SafeDecisions, L.L.C. The following Terms and Conditions, together with any documents or policies they expressly reference (collectively, the “Terms”), apply to all users of the SafeDecisions website and its associated websites, applications, (including mobile applications), emails, texts and other electronic messages, and services (collectively, the “Site”), which are owned and operated by SafeDecisions, L.L.C. (“SafeDecisions”, “us”, “our” or “we”). These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”, “you” or “your”), and SafeDecisions regarding your use of the Site. When using the Site, you will be subject to additional posted guidelines or rules applicable to specific services and features posted on the Site (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Terms. If you do not agree to these Terms, please do not use the Site.
I. Eligibility
In order to use the Site, you must be either: 1) the age of majority in your jurisdiction, 2) an emancipated minor, or 3) over the age of 13 and possess legal parental or guardian consent and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section I.
II. Privacy Notice
Your privacy is important to SafeDecisions. Please read the SafeDecisions Privacy Policy carefully for information relating to SafeDecisions’ collection, use, and disclosure of your personal information.
III. Modification of the Terms
SafeDecisions reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason. All changes will be effective immediately when we post them. In the event of a material change that may directly affect your account, we will notify you via the most recent email address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes means that you agree to and accept such changes.
IV. Site Availability
You understand and agree that temporary interruptions of the Site my occur as normal events that are out of our control. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to Users. SafeDecisions may make changes to or discontinue any of the media, web communities, products, or services available within the Site at any time and without notice. The media, products, or services on the Site may be out of date, and SafeDecisions makes no commitment to update these materials on the Site.
V. Site Access and Linking
SafeDecisions grants you permission to use the Site as set forth in these Terms, provided that and for so long as:
- You use the Site solely for your personal use;
- Except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display, or otherwise exploit any portion of the Site in any medium without SafeDecisions’ prior written authorization;
- You do not alter or modify any part of the Site other than as reasonably necessary to use the Site for its intended purposes;
- You do not engage in any of the prohibited uses described in Section IX below; and
- You otherwise fully comply with these Terms.
The Site is controlled and offered by SafeDecisions from its facilities in the United States of America. SafeDecisions provides this Site for use only by persons located in the United States and makes no representations that the Site is appropriate or available for use in other locations. If you access the Site from outside the United States, you do
so on your own initiative and are responsible for compliance with local laws.
VI. Ownership and Proprietary Rights
General
The Site, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Site that are provided by SafeDecisions (the “Materials”) are owned and/or licensed by SafeDecisions, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. The Materials do not include Third Party Content (as defined below). Except as expressly authorized by SafeDecisions, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site or the Materials. SafeDecisions reserves all rights not expressly granted in these Terms. You will not acquire any right, title, or interest to the Materials, except for the limited rights expressly set forth in these Terms.
VII. Apps and Other Downloadable Software
If any of the Materials, including the SafeDecisions Remote Decode™ App, available to you are software capable of being downloaded, then you acknowledge and agree that the software and all files, images, and data relating to the software will be licensed to you by SafeDecisions, and that you acquire no right, title or interest in and to such software except for the limited license described herein. This license is a personal, limited, non-transferable, non- sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not: (a) redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the software or to reduce the software to a human- perceivable form; (b) modify, translate or create derivative works based on the otherwise for the benefit of a third party; (d) provide access to the software to any person who is not an authorized user; (e) use the software to build a similar or competitive product, software or service; or (f) otherwise use the software in a manner inconsistent with these terms or the terms of any other agreement governing your use of the software. Software that is downloaded from the Site is subject to United States export control laws. If you download software from the Site, then you represent and warrant to us that you are not acting in violation of those laws.
VIII. User Content and Feedback
General
By posting, distributing, sending or displaying any comment, message (including e- mail), data, feedback, suggestions, analysis, documents, proposals, music, sound, media, text, audio and video recordings, photos, graphics, commentary or other information or content (collectively, “User Content”) on the Site, you hereby grant SafeDecisions and its affiliates, and service providers, and each of their and our respective licensees, successors, transferees and assigns a worldwide, non-exclusive, fully paid-up, royalty-free, and transferable license. This license includes the right to grant and authorize sublicenses to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, reverse-engineer, disassemble, decompile and otherwise exploit your User Content for any purpose. This includes, without limitation, promoting and redistributing part or all of the Site, and derivative works thereof, in any media format, through any media channel, or through merchandising. You also grant SafeDecisions and its affiliates, transferees, and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose to do so. You also hereby grant a non-exclusive license to each User of the Site to access your User Content through the Site and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Site and these Terms.
User Content is not controlled by SafeDecisions. SafeDecisions makes no representations that your User Content will remain available via the Site in any way. User Content submitted on the Site is deemed non-confidential and SafeDecisions is under no obligation to treat such User Content as proprietary information. You understand that any User Content that you submit on the Site is made publicly available to Users of the Site, and SafeDecisions does not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.
Your Representations and Warranties Regarding User Content
You are responsible for your own User Content and the consequences of posting such Content, including determining its legality, reliability, accuracy, and appropriateness. In connection with User Content, you affirm, represent, and/or warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to SafeDecisions and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Content does and will comply with these Terms.
Content Standards
Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Site:
- Any falsehoods or misrepresentations that could damage SafeDecisions or any third party;
- Any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate;
- Any material that infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Advertisements or solicitations of business, products, or services;
- Any material that would be harmful to minors in any manner; or
- Any material that gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
SafeDecisions is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
IX. Monitoring and Enforcement
With the exception of the limited license granted above, SafeDecisions does not obtain or control any rights in, and does not exert editorial control over, User Content. Nothing herein obligates verified, the representations and warranties made by Users with respect to such User Content. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SafeDecisions has the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- To access, preserve and disclose your account information and User Content if required to do so by law or if we in a good faith believe that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to any claim that User Content violates the rights of third parties; (d) provide certain customized features of the Site to you, if any; (e) respond if you contact SafeDecisions for any reason; or (f) protect the rights, property, or personal safety of SafeDecisions, its other Users, and the public.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
X. Prohibited Uses of the Site
As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section ) by these Terms.
Use of Materials and the Site by you for reasons other than your personal use is strictly prohibited. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any similar solicitation.
- To impersonate or attempt to impersonate SafeDecisions, our employees, another User, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm SafeDecisions or Users of the Site, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Site’s material.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms.
- Use any device, software, or routine that interferes with the Site’s proper working.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the Site’s server, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Unauthorized or prohibited use of the Site or the Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
XI. Purchases and Terms of Sale
When you order products from the Site, you are making an offer to buy the ordered products on terms specified in the applicable order. Once your order has been placed, we will send you an email indicating receipt of your order. This email is only confirmation of our receipt of your order, and does not constitute acceptance of your offer to buy. Your order and offer to buy is accepted when we have packaged your order and delivered it to the carrier. We reserve the right to reject any order for any reason or no reason, subject always to our compliance with applicable law. You will receive an email confirming that your order has been accepted when it has been delivered to the carrier. Title to the products you order, and risk of loss of those products, passes to you when the product has been delivered to the carrier.
By submitting an order, you authorize SafeDecisions or SafeDecisions’ third party payment processor to process a charge using the credit card and other payment information provided by you for purposes of authenticating your identity, validating your payment card, obtaining payment authorization, and otherwise authorizing the relevant transaction. You consent to our use of information provided by you, including personally identifiable information, to conduct anti-fraud checks at our discretion, and this authorization applies to use by our third party payment processor. In conducting such checks, we or our third-party payment processor may disclose, and you authorize us and our third-party payment processor to disclose, your information to credit reference and fraud prevention service providers, who may keep a record of the information disclosed.
SafeDecisions does not guarantee a particular product’s immediate or continued availability. If we are unable to fulfill an order, then you will be entitled to a full refund. You are responsible for inspecting your order upon receipt. Any damage occurring during shipment is the responsibility of the carrier, subject to tariff and other limitations on the carrier’s liability, if any. The carrier will not be required to obtain a signature at delivery unless you specify otherwise when placing your order.
All requests for returns must be made in accordance with our Return Policy.
Unless otherwise noted, prices shown on the Site are in US Dollars, exclusive of shipping, taxes (including Sales and other applicable taxes), insurance, duties and other charges imposed by third parties. All such charges will be reflected in a final summary of an order before the order is accepted.
In addition, some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features, or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Site at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, then your account may be closed without warning or notice at our discretion. Except as otherwise set forth in our Return Policy expressly applicable to our products, services or features, you acknowledge and agree that any applicable fees and other charges for products, services, or features are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges.
Should you require further information or assistance with the care of your purchases, please contact us at Support@SafeDecisions.com.
Automatic Renewal
Certain services offered by SafeDecisions through the Site on a term license or subscription basis may also include an automatic renewal feature. By providing a credit card for initial payment, you are authorizing SafeDecisions to automatically bill your credit card for each automatic renewal unless you timely notify SafeDecisions in writing of your election not to renew. If you license the SafeDecisions Decode application or any other Materials subject to automatic renewal, unless you expressly opt out of emails from SafeDecisions, then you will receive an automated email prior to the date you are required to notify SafeDecisions of your election not to renew. This email will remind you that the relevant license or subscription term will automatically renew and will include the date of renewal and the date before which you must notify SafeDecisions of your election not to renew, as well as functionality necessary to notify SafeDecisions of your election not to renew.
XII. Account and Password
You will have to create an account to purchase products and access some features of the Site. You will be asked to provide a password at the time of registration for an account on the Site. You are responsible for all activities that occur under your password. As such, you are responsible for maintaining the confidentiality of your account and password and controlling access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (i.e. in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you will notify SafeDecisions immediately. You are liable for losses incurred by you, SafeDecisions, or others due to any unauthorized use of your account. We have the right to disable any account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
XIII. Links and Third Party Websites
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. SafeDecisions has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XIV. Violations and Termination
You agree that SafeDecisions may terminate any account (or any part thereof) you may have through the Site or your use of the Site, and remove and discard all or any part of your account or any User Content, at any time for any reason (including without limitation your violation of these Terms) or no reason at SafeDecisions’ discretion. You agree that your access to the Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that SafeDecisions will not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies SafeDecisions may have at law or in equity. You may cancel your account with us at any time by emailing Support@SafeDecisions.com.
XV. Indemnification and Hold Harmless
You agree to indemnify and hold harmless SafeDecisions, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the site; (ii) your user content, including SafeDecions’ use, display or other exercise of its license rights granted herein with respect to your user content; (iii) your violation of these terms; (iv) your violation of the rights of any other person or entity, including claims that any user content infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account not caused by SafeDecisions.
SafeDecisions reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of SafeDecisions. SafeDecisions will use commercially reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
XVI. Disclaimers and No Warranties
Acknowledgement
You acknowledge that as used in this Section XV , the term SafeDecisions includes SafeDecisions’ parent, subsidiary, affiliated and other related companies (including those which share substantially common ownership) and each of their officers, directors, employees, shareholders, members, agents and subcontractors.
No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAFEDECISIONS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED APPLICABLE TO THE SITE AND ANY USER CONTENT, THIRD PARTY CONTENT, GOODS, SERVICES OR FEATURES SOLD OR OTHERWISE MADE AVAILABLE TO USERS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFEDECISIONS OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SafeDecisions makes no representations or warranties to you that the Site will be able to successfully unlock and/or decode your SafeDecisions™ product remotely in any circumstance. In certain circumstances, the SafeDecisions Site may not successfully unlock and/or decode your SafeDecisions™ product remotely and you may require additional on-site services provided by a technician at additional cost.
“As Is”, “As Available”, and “With All Faults” You agree that the use of the Site is at your own risk. The Site, User Content, and any other third-party media, content, software, goods, services or applications made available in conjunction with or through the Site are provided on an “as is” and “as available” and “ with all faults” basis and without warranties or representations of any kind, either express or implied.
Accuracy
The information presented on or through the Website is made available solely for general information purposes. SafeDecisions does not warrant or make any representations regarding the use or the results of the use of the Site are any third- party content in terms of correctness, accuracy, reliability, or otherwise.
Harm to Your Computer
You understand and agree that your using, accessing, downloading, or otherwise obtaining information, materials, or data through the Site is at your own discretion and risk and that you are responsible for any damage to your property (including your computer system) or loss of data that results from the use or download of, or other access to such material or data.
XVII. Limitation of Liability and Damages
Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAFEDECISIONS OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS AND USER CONTENT ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH SAFEDECISIONS, EVEN IF SAFEDECISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages
IN NO EVENT WILL SAFEDECISIONS’ OR ITS THIRD PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR
OTHERWISE) EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU HAVE PAID TO SAFEDECISIONS FOR THE APPLICABLE PRODUCT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
Limitations by Applicable Law
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF
THE JURISDICTION IN WHICH YOU ARE LOCATED.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT SAFEDECISIONS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SAFEDECISIONS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SAFEDECISIONS. YOU ACKNOWLEDGE AND AGREE THAT SAFEDECISIONS WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
XVIII. Digital Millennium Copyright Act Compliance
If you believe in good faith that materials hosted by us infringe your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Site;
- Information reasonably sufficient to permit SafeDecisions to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SafeDecisions’ designated Copyright Agent to receive notifications of claimed infringement is:
SafeDecisions, LLC
1739 NW 79 Avenue
Doral, FL 33126
(212) 563-1111
Copyright@SafeDecisions.com
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in you having to repeat some or all of the above process. We will review and address all notices that comply with the requirements above. We will also comply with the appropriate provisions of the DMCA and other applicable law in the event a counter-notification is received. In accordance with the DMC and other applicable law, SafeDecisions has adopted a policy of terminating, in appropriate circumstances and at SafeDecisions’ sole discretion, Users who are deemed to be repeat copyright infringers. SafeDecisions may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We suggest that you consult your legal advisor before filing a notice or counter- notice. We are not your attorneys and the information we present here is not legal advice. We present this information for informational purposes only.
XIX. Miscellaneous
Notice
SafeDecisions may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. If Notice is by email or mail, then it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given 24 hours after an email is sent, unless SafeDecisions is notified that the email address is invalid, and if through postal mail, 3 days after the date of mailing. You may provide SafeDecisions with notices only by mail to the address of its principal place of business located at:
SafeDecisions
1739 NW 79 Avenue
Doral, FL 33126
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms. You agree that any action at law or in equity arising out of or relating to these Terms or the Site will be filed only in the state or federal courts in and for the State of Florida and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Limitation on Time to File Claims
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms are unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SafeDecisions without restriction. Any assignment attempted to be made in violation of these Terms will be void.
Survival
Sections IV , VI , VII , X , XII , XIII , XIV , XV , XVI , XVII , and XVIII (other than your duty to update account information), will survive any termination of these Terms or your account, whether by you or by SafeDecisions.
Entire Agreement
This is the entire agreement between you and SafeDecisions relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms will not be modified except in writing, signed by both parties, or by a change to these Terms made by SafeDecisions as set forth in the Modification of the Terms section above.
XX. SMS Terms & Conditions
- Program Description
SafeDecisions may send SMS text messages to Users for the sole purpose of identity verification and account security. These messages contain one‑time verification codes (“OTP”) used to authenticate login and signup activity on the SafeDecisions platform.
- User Consent
By providing your mobile phone number and requesting a verification code on our login or signup page, you expressly consent to receive a one‑time SMS message from SafeDecisions. SMS messages are sent only in direct response to your request for authentication.
- Message Frequency
Message frequency varies based on User activity. You will receive one message per authentication request initiated by you.
- Cost
SafeDecisions does not charge a fee for sending verification messages. However, Message and Data Rates May Apply from your wireless carrier. Please consult your mobile carrier for details regarding your text messaging plan.
- Opt‑Out Instructions
To stop receiving SMS messages from SafeDecisions, reply STOP to any message you receive. After sending “STOP,” you will receive a confirmation message indicating that you have been unsubscribed. You will not receive additional SMS messages from us unless you later initiate a new verification request.
- Help Instructions
If you experience issues with the SMS program, reply HELP for assistance or contact our support team at support@safedecisions.com.
- Carrier Liability
Mobile carriers are not liable for delayed or undelivered messages.
XXI. Questions or Concerns
Questions or concerns related to our Terms and Conditions should be directed to the following email address: support@safedecisions.com
Last updated and effective: February 22, 2022
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