|
SAFE FRONTIER INC TERMS OF SERVICE
Terms of Service Agreement and Privacy Policy (http://safefrontier.com/privacy) collectively represent the Terms of Service - bases of our relationship with customers. They apply to all Safe Frontier Inc members and users and outline our commitments to you, as well as your rights and responsibilities as a Safe Frontier Inc member.
TERMS OF SERVICE AGREEMENT
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement ("Agreement") for Safe Frontier Inc. (SafeFrontier) and an Internet web site http://safefrontier.com (Site). This Agreement governs only the content, features, and activities related to this Site and do not cover websites of any other SafeFrontier parent companies, subsidiaries, corporate affiliates, or any other company, unless specifically stated.
Registering with SafeFrontier or using SafeFrontier software, goods, Services, Products, and/or Materials you agree to be bound by this Agreement and the rules and policies published by SafeFrontier, and contained herein. You also agree to transact electronically with SafeFrontier and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, Advertisers, promotional partners, sponsors, and resellers.
This Site is offered and made available to you only if you agree with all of the terms and conditions contained in this Agreement. If you do not agree with the terms and conditions of this Agreement, Additional Terms, or Rules, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this Agreement.
To use the Site, you must be legally able to enter into contracts. SafeFrontier reserves the right to deny the service and/or limit you to one free trial or promotion plan that cannot be combined with other offers.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and SafeFrontier. In this Agreement, the term "Site" includes all websites and web pages within http://safefrontier.com as well as any equivalent, mirror, replacement, substitute or backup websites and web pages thereto and thereof. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain goods, Services, Products and/or Materials, which will be presented in conjunction with those goods, Services, Products and/or Materials ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain goods, Services, Products, Materials, and activities including, but not without limitation, contests and sweepstakes, awards programs, membership clubs, and email services. The Site's Privacy Policy (http://safefrontier.com/privacy), Additional Terms, and any Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, Account, Service or feature, you will still be bound by your obligations under this Agreement, Privacy Policy, Additional Terms, and/or Rules, including any indemnifications, warranties, and limitations of liability.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, Service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire, as well as exclusive agreement between you and SafeFrontier regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION
The original account you open (Account) when you register for SafeFrontier membership, goods, Services, Products and/or Materials through which you may obtain access to the SafeFrontier goods, Services, Products and/or Materials, and other SafeFrontier services, products, materials, and all sub-accounts or other accounts opened under your Account.
You must register in your own name and provide true and current information. SafeFrontier will open an Account for you when you complete your registration. SafeFrontier reserves the right to grant or deny your request for opening an Account. SafeFrontier may require each user to have a unique user name and password combination in order to access and use certain features or functions on the Site. Please read our Privacy Policy (http://safefrontier.com/privacy), which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process, we will assign you a user name and you will choose a password (or we may assign an initial user name and password which we may give you the option to change). You will be identified with your Account for the life of your Account. You will not be able to change your primary user name unless SafeFrontier would deem it necessary to maintain your Account or at your request. SafeFrontier reserves the right to grant or deny your request for change of your primary user name. Also, SafeFrontier may change your primary and/or secondary user names at its sole discretion or as necessary to maintain your Account of which you will be notified. SafeFrontier reserves the right to reject the use or assignment of a user name at its sole preference. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of, or believe there is, or may have been any unauthorized use of (or activity using) your user name or password, or any other need to deactivate your user name or password due to security concerns. You can contact us (support@safefrontier.com) for help.
You are responsible for all activity on your Account (including activities on any sub-accounts). You must supervise the use of your Account by others. SafeFrontier reserves the right to terminate your Account if in its sole opinion: (a) it is inappropriately used; (b) you fail to comply with a term or a condition of the Agreement, Additional Terms, Rules, Privacy Policy (http://safefrontier.com/privacy), and/or End User License Agreement (EULA) (http://safefrontier.com/eula).
You agree to comply with all applicable laws, rules and regulations regarding your membership and use of the Site, goods, Services, Products and/or Materials. SafeFrontier may take any action against your Account, ranging from a warning to termination, if you or anyone using your Account violates the Agreement, Additional Terms, Rules, Privacy Policy, or End User License Agreement. SafeFrontier is not required to provide notice prior to terminating your Account.
You agree to keep passwords associated with your Account and passwords that you use with all other SafeFrontier goods, Services, Products and/or Materials confidential; follow the rules of reasonable care to assure safety and confidentiality of your account information. You agree to indemnify and hold harmless SafeFrontier, its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, sponsors, and resellers for all and any losses incurred by you, SafeFrontier, or another party due to someone else using your Account or password as a result of your failure to use reasonable care to keep your Account information confidential.
2. MODIFICATIONS
SafeFrontier reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement, Additional Terms, and Rules. We will post or display notices of material changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately unless otherwise stated and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, Additional Terms, and Rules, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, Content, goods, Services, Products, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and "look and feel" and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of SafeFrontier, its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners or sponsors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of SafeFrontier. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.
4. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Please contact us (legal@safefrontier.com).
5. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the Services or obtain goods and services of or from, third parties such as our advertisers, sponsor, or promotional partners (collectively "Advertisers") as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
6. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
a. Be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
b. Affect SafeFrontier adversely or reflect negatively on SafeFrontier, the Site, SafeFrontier goodwill, name or reputation or cause duress, distress or discomfort to SafeFrontier or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to SafeFrontier in connection with the Site;
c. Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
d. Be used for advertising, marketing or offering goods or services, whether or not for financial or any other form or compensation or through linking with any other web site or web pages without an explicit written authorization of SafeFrontier;
e. Transmit, distribute or upload programs or material that contain malicious code, such as viruses, time-bombs, cancel-bots, worms, trojans, spyware, or other potentially harmful programs or other material or information;
f. Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, Personal Information or other computers, websites or web pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement, Additional Terms, and Rules;
g. Forge or modify the TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
h. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation, Services, Products, Content, or maintenance of the Site, or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
i. Collect, obtain, compile, decompile, reverse-engineer, alter, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
You may not and you may not authorize others to use SafeFrontier communication tools, including e-mail or any other communication means employed in SafeFrontier goods, Services, Products and/or Materials, or anywhere on the Site, and/or by SafeFrontier to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else, or for any other purpose not intended by SafeFrontier. You may not harvest or collect information about SafeFrontier users from SafeFrontier Products and Services, including "user names", and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your Account and further legal action. You agree that SafeFrontier may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within SafeFrontier networks.
7. SERVICES, MARKETING SERVICES, PROMOTIONAL OPPORTUNITIES
SafeFrontier provides its valued website users and viewers with the opportunity to register for Services, special promotions, news, programming and information to be delivered via text messaging and other communication media to hardwired and wireless devices such as computers, mobile phones and others. Users are required to provide their consent to receive such information from SafeFrontier, either by registering on this Site or via their communication device. Such services and promotional opportunities are provided by SafeFrontier and affiliates of SafeFrontier. The information requested as part of the registration process may include a user's telephone number and/or an email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site's Privacy Policy and Terms of Service Agreement, Additional Terms, and Rules.
Users that register for SafeFrontier's wireless Products and Services, including marketing services acknowledge, understand, and agree that they will be charged by the user's wireless carrier for all messages sent to the user from SafeFrontier and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, sponsors and resellers. Standard messaging rates will apply, unless noted otherwise. UNDER NO CIRCUMSTANCES WILL SAFEFRONTIER, ITS PARENT COMPANIES, SUBSIDIARIES OR CORPORATE AFFILIATES, LICENSORS, SUPPLIERS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, PROMOTIONAL PARTNERS, SPONSORS AND RESELLERS BE RESPONSIBLE FOR ANY WIRELESS EMAIL OR TEXT MESSAGING CHARGES INCURRED BY A USER OR BY A PERSON THAT HAS ACCESS TO A USER'S WIRELESS DEVICE, TELEPHONE NUMBER, OR EMAIL ADDRESS.
A user understands, acknowledges and agrees that SafeFrontier may, at its sole discretion and without liability to any user, terminate its offer of any Service, Product, specific service, marketing service, or all Products and Services at any time without advance notice. SafeFrontier will provide notice of terminations or changes in services on this Site.
8. DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may deactivate your SafeFrontier membership and/or Account on the Site, at any time and for any reason. Please send your support request (support@safefrontier.com) and notify us of your desire to have your Account and/or membership deactivated. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
9. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of incorrect software, or settings of your computer, or Malware on your computer. Malware -- malicious code -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware or other programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
10. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL GOODS, MATERIALS, PRODUCTS, SERVICES, AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, SERVICES, MATERIAL, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, SafeFrontier is not responsible or liable for any malicious code, delays, inaccuracies, loss of information, loss of performance, loss of profits, errors, or omissions, arising out of your use of the Site. You are assuming the entire risk and responsibility as to the actions performed, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all goods, Products, Services, Postings, Materials, features and functions of the Site, including, without limitation, any functionality of goods, Products, and Services operated through the Site, and outcome of your actions performed through the Site, as well as Postings, and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, SAFEFRONTIER, ITS PARENT COMPANIES, SUBSIDIARIES, OR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, OR PRODUCTS, SERVICES, POSTINGS, MATERIAL, CONTENT, OFFERED OR OPERATED THROUGH THIS SAITE, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have SafeFrontier, upon written notice from you to us, attempt to repair, correct or replace any deficient goods, products, or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for SafeFrontier, to refund any funds actually paid by you for the goods, Products, Services, and/or Materials involved and to terminate and discontinue your use of the Site, goods, Products, Services, Materials, all or in part. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages, transmissions, postings, and/or Services may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SafeFrontier assumes no liability, responsibility or obligation to transmit, process, store, receive, execute, or deliver goods, Services, Products, Postings, and Materials or for any failure or delay associated with any goods, Services, Products, Postings, and Materials you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any goods, Services, Products, Postings, and Materials. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement, Additional Terms, and Rules may not apply to you.
11. SHOPPING
All e-commerce on the Site is brought to you by RegNow (Digital River, Inc.), an operational service provider to SafeFrontier. All goods, Services, Products, and Materials offered for sale on the Site are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact us (support@safefrontier.com) and we will coordinate attempting to correct, repair or replace the defective goods, Services, Products, and Materials or, if applicable, in obtaining a refund for you. SafeFrontier assumes no responsibility or liability whatsoever for goods, Services, Products, and Materials you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through the Site, nor SafeFrontier responsible for assisting you in correcting any problem you may experience with goods, Services, Products, and Materials if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Site unless otherwise specified. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any goods, Services, Products, and Materials shall be the amount you actually paid us (or our suppliers or other e-commerce partners) for it, minus the shipping and handling costs. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL GOODS, SERVICES, PRODUCTS, AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL GOODS, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Goods, Services, Products, and Materials may be purchased while supplies last. If goods, Services, Products, and/or Materials are listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that goods, Services, Products, and Materials, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any goods, Services, Products, and Materials and we reserve the right to accept or decline your order for any reason up until the time the goods, Services, Products, and Materials are actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any goods, Services, Products, and Materials and we will notify you if we do so. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Goods, Services, Products, and Materials on the Site offered for sale through our e-commerce provider RegNow (Digital River, Inc.) are for sale only to end user customers or as personal gifts to end user customers and not for resale. Orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies should be placed through sales@safefrontier.com. SafeFrontier reserves the right to refuse, cancel or seek the return of any goods, Services, Products, and Materials that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of goods, Services, Products, and Materials and applicable taxes will be added to the amount charged for goods, Services, Products, and Materials purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
Additional information about charges and fees:
For certain goods, Services, Products, and Materials SafeFrontier charges monthly, in advance based on the terms and conditions you have selected at the time of purchase. Surcharges may apply if you use certain payment methods. Additional fees may apply when you subscribe to other supplemental or enhanced services. All charges are nonrefundable unless provided otherwise in your purchase and/or subscription plan. SafeFrontier may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from SafeFrontier.
Any trial promotion for fee-based goods, Services, Products, and Materials (such as free trial time for a paid subscription plan to the SafeFrontier Service) must be used within the specified time of the trial. You must cancel your goods, Services, Products, and Materials before the end of the trial period to avoid being charged. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your Account or sub-accounts.
Your payment responsibilities:
You must select a payment method to pay SafeFrontier or its operational service provider for any subscription fees and all purchases made from SafeFrontier. You must give SafeFrontier and its operational service provider accurate billing and payment information and keep this information up-to-date. SafeFrontier or its operational service provider will bill you through the payment method that is associated with your Account. You agree to pay SafeFrontier for all charges incurred under your Account, including all applicable taxes, fees and surcharges. You authorize SafeFrontier to charge your designated payment method for these charges and to retain information about the payment method associated with your Account. If SafeFrontier does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by SafeFrontier.
Every time you use SafeFrontier goods, Services, Products, and Materials, you reaffirm that (a) SafeFrontier is authorized to charge your designated payment method; (b) SafeFrontier may submit charges incurred under your Account for payment; and (c) you will be responsible for such charges, even if your membership and/or Account is canceled or terminated.
After 30 days from the date of any unpaid charges, your Account and/or membership will be deemed delinquent and SafeFrontier may terminate or suspend your Account and/or membership for nonpayment. SafeFrontier reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by SafeFrontier in its efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your Account and/or membership, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your Account and/or membership.
You must notify SafeFrontier about any billing problems or discrepancies within 90 days after they first appear on your Account and/or membership statement. If you do not bring them to SafeFrontier's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
You are responsible for obtaining and maintaining at your expense all equipment and services needed to use, access, and operate the Site, goods, Services, Products, and Materials provided by SafeFrontier and/or its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, as well as all expenses and equipment and services needed to operate, maintain and support goods, Services, Products, and Materials. You are also responsible for any communications charges you may incur by accessing the Site, SafeFrontier goods, Services, Products, and Materials, and operating, maintaining, and supporting goods, Services, Products, and Materials via third-party networks, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of cable and air time and wireless data services. Check with your carrier to verify the fees that may apply to you.
12. PRODUCTS, POSTINGS, AND MATERIAL
Content provided by SafeFrontier (Content) includes without limitation information, software, communications, photos, video, graphics, sound and all other materials provided by or through the Site, Products, and SafeFrontier. SafeFrontier reserves the right to remove Content that, in its sole judgment, does not meet its standards, but SafeFrontier is not responsible for any failure or delay in removing such material. SafeFrontier is not responsible for content available on the Internet, although SafeFrontier reserves the right to block access to any Internet area containing illegal or other harmful Material being used for purposes that are unlawful or injurious to the Site or its members. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites.
Service offered by the Site and SafeFrontier (Services) includes without limitation all access to any and all information, the Site, features, functionality, Material, data, code, support, maintenance, and any and all information processing facilities provided to you whether paid or free by the Site and/or SafeFrontier, and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, sponsors and resellers, and may or may not be enabled by goods, Services, Products, Materials, communications and transactions services, including all software for accessing Services, which is offered on the Site and/or by SafeFrontier, and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, sponsors and resellers in order to utilize the Site, goods, Services, Products, and Materials.
Products offered by SafeFrontier (Products) include without limitation Services, Materials, software, firmware, shareware, freeware, trial-ware, hardware, middleware and made available from the Site, SafeFrontier, and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, and resellers whether paid or free, preinstalled, given on a medium, provided by download or made available online that enable you to access and use SafeFrontier goods, Services, Products, and Materials.
Portions of this Site may provide you and other users an opportunity, functionality, goods, Services, Products, and Materials, and else to administrate and manage goods, Services, Products, and Materials, initiate commands and procedures, receive, view, download, and process information to, from, and on including without limitation remote, mobile, stationery, wireless devices, computers and networks, also submit, post, display, transmit and/or exchange information, data, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to, from, and on without limitation mobile, remote, stationery, wireless, and all other networks, computers, and devices to, from, and on SafeFrontier and others, the Site and others, and for the purpose of this Agreement cumulatively called "Post" (Post) or (Posting), or "Material", (Material) or (Materials), or any combination thereof, or "Postings and Material" (Postings and Material).
SafeFrontier does not monitor, endorse, edit or screen any Postings and Materials, nor shall we be liable for any Postings and Materials. If a Posting originates from you or your account, you hereby confirm that you have all the necessary credentials and authority or fully cleared for use as contemplated herein to make the Posting and/or access Materials. In no event shall the Site, SafeFrontier, or its parent companies, subsidiaries, operational service providers, suppliers, and/or resellers have or be construed to have any responsibility or liability for or in connection with any Services, Products, Postings and Materials whatsoever. However, if we determine, in our sole discretion and judgment, that any Postings And Materials does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post and have access to the Material, goods, Services, and Products; (b) remove and delete Postings and Material; (c) revoke your right to use the Site and/or goods, Services, Products, and Materials; and/or (d) use any technological, legal, operational or other means available to SafeFrontier to enforce the provisions of this Agreement, Additional Terms, and Rules including, without limitation, blocking specific IP addresses or deactivating your membership, registration, and/or Account on Site and/or with SafeFrontier. The amount of storage space on the Site per user may be limited. Some Postings and Material may not be processed due to space constraints or inbound and/or outbound traffic capacity limitations. You understand and agree that we assume no responsibility for deletion of Postings and Material or any failure to store, receive or deliver Postings and Material in a timely manner or any other matter relating to goods, Services, Products, and Materials.
SafeFrontier in its sole discretion may change or discontinue any or all aspects of the goods, Services, Products, and Materials without notice, including access to goods, Services, Products, and Materials and other additional goods or services.
SafeFrontier may modify the goods, Services, Products, and Materials, change fees and change billing methods at any time. SafeFrontier will provide you with notice of any change in pricing or material changes. If you disagree with any proposed change, your sole remedy is to cancel your membership and Account before such change takes effect. Otherwise, you will be bound by the revised terms. SafeFrontier will not refund any charges if you choose to cancel your membership and/or Account for this reason.
For certain goods, Services, Products, and Materials, SafeFrontier reserves the right to log off accounts that are inactive for an extended period of time and you may not use tools that defeat SafeFrontier's automatic log-off feature.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Product subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization and notification of SafeFrontier, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement, Additional Terms, and Rules.
SafeFrontier grants you a non-exclusive, non-transferable, limited license to install Products on any computer or device from which you wish to access the Site, Services, Products, and Materials and to use the Products to connect to and use the Site, Services, Products, and Materials in accordance with this Agreement. SafeFrontier occasionally will provide Services, Products, and Materials upgrades to improve your user experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such upgrades, including automatic upgrades, scanning, and related services. Also, the goods, Services, Products, and Materials may be subject to a license agreement that accompanies such goods, Services, Products, and Materials and must be considered as Additional Terms of the Agreement. End User License Agreement (EULA) (http://safefrontier.com/eula) is hereby incorporated in this Agreement by reference.
You may not copy the Product except to install it onto your computer or other devices. You may not incorporate the Product (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the Product or otherwise attempt to derive the source code (except where expressly permitted by law). You may not obtain the communications protocol for accessing Products, Services, and Materials unless expressly authorized by SafeFrontier. You may not modify, adapt or create derivative works from the Product in any way or remove proprietary notices in the Product. YOU AGREE TO ABIDE BY ALL LAWS AND REGULATIONS IN EFFECT AND CHECK WITH YOUR NATIONAL, REGIONAL, LOCAL, AND OTHER LAWS, RULES, AND REGULATIONS REGARDING YOUR USE OF THE PRODUCT OR ANY OF ITS FEATURES, BEFORE ATTEMPTING TO USE, OR USING THE PRODUCT, SERVICES, MATERIAL, THE SITE, OR ANY FEATURE OR FUNCTIONALITY OF THEREOF. YOU MAY NOT AUTHORIZE OR ASSIST ANY THIRD PARTY TO DO ANY OF THE THINGS DESCRIBED IN THIS PARAGRAPH. YOU UNDERSTAND AND AGREE UNDER ALL AND ANY CIRCUMSTANCES NOT TO HOLD LIABLE FOR THE THINGS DESCRIBED IN THIS PARAGRAPH: THIS SITE, SAFEFRONTIER, ITS PARENT COMPANIES, SUBSIDIARIES, OR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS AND THEY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, OR PRODUCTS OFFERED OR OPERATED THROUGH THIS SITE, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
The below paragraph is only applicable to the information posted by you on a public medium provided or supported by the Site and/or Safe Frontier and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, and resellers:
If posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant SafeFrontier the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes). Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
13. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, SafeFrontier or its suppliers and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
14. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of this Site, SafeFrontier, its parent companies or any of their subsidiaries, affiliates, successors and assigns, and their respective officers, directors, agents, representatives, licensors, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third party sites, or the business practices (including the privacy policy), or for any goods or services associated with or obtained in connection with any such website, whether the Site or SafeFrontier's logo or sponsorship identification is on the third party site as part of a co-branding, promotional arrangement, or other. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.
15. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, SafeFrontier, its parent companies, their subsidiaries, affiliates, successors and assigns and their respective officers, directors, employees, agents, licensors, representatives, suppliers, operational service providers and Advertisers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or use of goods, Services, Products, and Materials, or public posting of your Postings. SafeFrontier reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SafeFrontier in the defense of any such claim, action, settlement or compromise negotiations, as requested by SafeFrontier.
16. PRIVACY
SafeFrontier respects your privacy and the use and protection of your Personal Information. Please see our Privacy Policy (http://safefrontier.com/privacy) for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.
17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with our Privacy Policy, Additional Terms, Rules, and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and SafeFrontier and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site, goods, Services, Products, and Materials. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement, Additional Terms, and Rules, or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Virginia of The United States of America (notwithstanding the State's conflicts of law's provisions) applicable to contracts made, executed and wholly performed in McLean, State of Virginia of the United States of America, and for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Virginia and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE, GOODS, SERVICES, PRODUCTS, AND MATERIALS, 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.
18. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
By registering a membership and/or an Account, or signing for, or purchasing goods, Services, Products and/or Materials you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with SafeFrontier, Site, goods, Services, Products, and/or Materials electronically (collectively, "Notices"). You agree that SafeFrontier and its parent companies, subsidiaries, affiliates, licensors, suppliers, operational service providers, and resellers can send you electronic Notices by (i) e-mail to your primary user name, and/or (ii) by "pop up notice" on your Account, and/or by (iii) posting the Notices on a main page or channel page of the relevant service. You agree that certain supplemental or enhanced services made available to SafeFrontier users may also have their own Notice procedures.
You must check your primary user name Account for Notices. We will send important Notices about your membership, Account, goods, Services, Products and/or Materials including any Notices concerning violations of any sub-accounts, to your primary Account.
You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), in order to access electronic communications. The delivery of any Notice is effective when sent, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by contacting SafeFrontier customer service.
Last modified November, 2008, effective immediately.
© 2008 Safe Frontier Inc. All rights reserved. True Security is a registered trademark of Safe Frontier Inc. All other names and trademarks are property of their respective owners.
For additional information please write to:
Safe Frontier Inc.
1312 Vincent Place
McLean, VA 22101
USA
| |