GETSAFE, LLC (“GETSAFE”) offers this website, including all information and services available from this website or offered as part of or in conjunction with this website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below (“Terms and Conditions”). Your continued use of the Website constitutes your agreement to be bound by the Terms and Conditions. By using one the Website, you certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Website and may be found at the place where the relevant service is offered (“Additional Terms”).
We may change the Terms and Conditions from time to time. By continuing to use the Website after we post any such changes, you accept the Terms and Conditions, as modified. If at any time you do not accept all of these Terms and Conditions, you must immediately stop using the Website.
Terms and Conditions
The information contained on this Website is provided without any warranties or representations as to accuracy, completeness or timeliness. GETSAFE does not warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. GETSAFE assumes no liability or responsibility for any errors or omissions in the content or operation of the Website. GETSAFE reserves the right to modify the information contained in this Website without notice, and makes no commitment to update the information contained in this Website. THIS WEBSITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GETSAFE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. GETSAFE also assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Website or your downloading of any files, images, text or other materials from the Website.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GETSAFE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GETSAFE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GETSAFE OR ITS AFFILIATES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GETSAFE, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GETSAFE OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by GETSAFE, one of its affiliates or by third parties who have licensed their materials to GETSAFE and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Website or any related software. All software used on the Website is the property of GETSAFE or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on the Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Website is the exclusive property of GETSAFE and is also protected by U.S. and international copyright laws.
GETSAFE, the Getsafe.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are trademarks or trade dress of GETSAFE in the U.S. and other countries. All other marks are the property of their respective companies.
Use of the Website
You certify that the information you provide on the Website is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. GETSAFE cannot and will not be liable for any loss or damage arising from your failure to comply with the above. If you believe someone has used your password or account without your authorization, you must notify GETSAFE immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Website, or any portion of the Website, at any time without notice.
GETSAFE and its affiliates have no liability to you for content on the Website that you find offensive, indecent, or objectionable.
You are prohibited from:
- Violating or attempting to violate the security of the Website;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by GETSAFE or other third party web browsers) to navigate or search the Website.
Any communication or material you transmit to GETSAFE using the Website or via electronic mail to any address listed on the Website, including any data, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary, shall become the property of GETSAFE or its affiliates, and may be used by GETSAFE for any purpose.
Links and Linking; Third Party Websites
This Website may contain hyperlinks to other websites. Such links are meant solely for the user’s convenience. GETSAFE has no control over, and is not responsible for the content found on, external websites. Links to such third-party websites do not constitute sponsorship, endorsement or approval of such websites or the contents thereof. Your use of a third-party site linked from this Website is at your own risk and will be governed by such third party’s terms and policies. You may establish a link to this Website, provided that (i) you do not remove or obscure the copyright notice or other notices on this Website, (ii) you give GETSAFE notice of such link by sending an e-mail to firstname.lastname@example.org, providing the URL of the page(s) where the link will appear and information on the owner of the URL, and (iii) you discontinue providing a link to this Website if so requested by GETSAFE or its affiliates. GETSAFE reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
You agree to defend, indemnify, and hold harmless GETSAFE and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website or any breach by you of these Terms and Conditions.
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. GETSAFE may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
GETSAFE reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied. GETSAFE also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from GETSAFE for the purpose of engaging in a commercial sale of that same product(s) with a third party.
GETSAFE cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Website. GETSAFE reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from GETSAFE. GETSAFE may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
Information Provided on the Website
GETSAFE and its customers post a variety of material on the Website including without limitation, merchandise information, product descriptions, reviews and comments (collectively, “Materials”). The Materials that appear on the Website are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Website, you should confirm any facts that are important to your decision. GETSAFE and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Website. GETSAFE is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Website may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
GETSAFE, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE WEBSITE.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, photos and other content to the Website; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. GETSAFE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material through the Website, and unless we indicate otherwise, you grant GETSAFE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GETSAFE and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GETSAFE for all claims resulting from content you supply. GETSAFE has the right but not the obligation to monitor and edit or remove any activity or content. GETSAFE takes no responsibility and assumes no liability for any content posted by you or any third party.
Termination of Privileges
GETSAFE reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these Terms and Conditions.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact us by writing to GETSAFE Customer Service, 1140 Galaxy Way, Suite #150, Concord, CA 94520, or by calling us at 1-888-799-6255. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Governing Law and Jurisdiction
These Terms and Conditions and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website or any products or services offered on the Website will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Website in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and Conditions and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms and Conditions constitute the entire agreement and understanding between you and GETSAFE with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. GETSAFE reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by GETSAFE. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), where applicable. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please send an email with all the details to firstname.lastname@example.org.
Last updated on November 4, 2015.
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