Updated: October 31, 2010
SafetyWeb, LLC. ("SafetyWeb", "we," "us") provides privacy-alerting services (the "Services", "Service") through our website accessible at www.SafetyWeb.com ("Site"). More information is available about our individual services on our Site. Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service govern access to and use of the Site, including any content, information, products or Services therein for you ("you", "your", the "Customer").
Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the SafetyWeb Services immediately. If you wish to make use of the SafetyWeb Services, read this Agreement and reaffirm your acceptance during the registration process.
2. Content. Certain types of content are made available through the Site. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Site. SafetyWeb reserves the right to remove and permanently delete any Content from the Site without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available any content, emails or other materials that are believed to violate these Terms of Service.
3. Access to the Site. The Services allow you to create User Profiles. Subject to and as set forth in these Terms, SafetyWeb hereby grants you permission to use the Services for your personal, non-commercial use, provided that:
4. Services. SafetyWeb does not guarantee or warrant that we will find or communicate to you every example or all examples of Internet content about the Customer or the Named Party that he or she has designated as the subject of the searches to be undertaken by the Company. SafetyWeb, moreover, does not guarantee or warrant that it will be successful in effecting removal or alteration, if such service is to be performed, of any Internet content about the Customer or the Named Party he or she has designated as the subject of the searches to be undertaken by the Company.
If you purchase any of the Services, then you agree to provide the information required by the service, and understand that the better the information you provide the better results you'll see. You authorize us to use your information to search the Internet and the "deep web" using any tools available.
You understand and accept that SafetyWeb's products are subscription products that operate on an auto-renewal basis such that your credit card, debit card, electronic payment, or other method of payment will be assessed the specified fees at regular intervals, as described on our website.
The services offered by SafetyWeb may change at any time. The methods used to provide services may change at any time. The pricing of services may change at any time. Glitches are to be expected in a technology-driven product. By accepting these terms you represent that you are aware that SafetyWeb is a technology-driven service and accept any glitches, bugs, delays, and other problems to be expected with such a service.
Users of SafetyWeb must truthfully and accurately represent their identities in subscribing and using the Company's Services. Any subscriber to the Company's Services must be the same person for which our Service is intended, or the subscriber must otherwise indicate and verify with SafetyWeb the Named Person's (ie, beneficiary's) consent to a third party subscription. You represent and warrant that you are truthfully representing your identity, and agree to release and hold harmless SafetyWeb for any loss or damage to you resulting from a false or inaccurate representation of identity. Further, you agree to indemnify SafetyWeb against any loss or damage caused to SafetyWeb resulting from fraudulent or malicious representations of identity made to SafetyWeb.
In connection with the Services, SafetyWeb may collect additional information about you (for example, known usernames/screennames, addresses, etc). You represent and warrant that all information you provide in connection with SafetyWeb Services is correct and accurate to the best of your knowledge. The ability of SafetyWeb to locate Internet content concerning the Customer is limited by the quality of information provided. You agree to release and hold harmless SafetyWeb from any loss or damage caused to you resulting from inaccurate or false representations of information. Further, you agree to indemnify SafetyWeb against any loss or damage caused to SafetyWeb resulting from fraudulent or malicious representations of information made to SafetyWeb.
If you are subscribing to the Company's Service you must be the parent or legal guardian of the minor for which services are purchased.
Despite SafetyWeb's active enforcement of its Policies, ultimately it is the responsibility of the user to ensure that all transactions comply with the Acceptable Use Policy and the below guidelines.
5. Termination; Cancellation
6. Third Party Links. The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that SafetyWeb is not responsible or liable for the availability or accuracy of, and SafetyWeb does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. What You Must NOT Do. The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
Malicious or fraudulent use of the Services is absolutely forbidden.
8. What SafetyWeb Is NOT Responsible For. YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. SAFETYWEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. SAFETYWEB DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFETYWEB, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of SafetyWeb's Liability. IN NO EVENT WILL SAFETYWEB, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SAFETYWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL SAFETYWEB'S CUMULATIVE LIABILITY TO YOU EXCEED $500.
10. What You will indemnify SafetyWeb from. You agree to defend, indemnify, and hold SafetyWeb, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, and Content; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
11. General. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and SafetyWeb that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado. These Terms of Service, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and SafetyWeb concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SafetyWeb's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
12. 14 Day Money Back Guarantee. At SafetyWeb we are committed to providing the highest quality service and assistance to our members. If you are not completely satisfied, call us at 1-866-579-2232 within fourteen (14) days of enrolling in our product and we will refund your membership fee, which is the amount billed to your account every month or year. This guarantee is available to first time SafetyWeb members. The money back guarantee is available to members who enroll in the Product and are billed immediately for their membership. The money back guarantee is not available to members who enroll in a free trial and who are billed at the end of that free trial.
13. Refund Policy Statement All sales of all SafetyWeb services are final. With the exception of the terms provided under the 14 Day Money Back Guarantee, SafetyWeb shall give no refunds for any reason to any party for any amounts paid for services, including without limitation any service charges or fees. Further, the Customer acknowledges and accepts the risk that SafetyWeb may not succeed in finding all Internet content about the Customer or the Named Party (e.g. the Customer's child).
14. Dispute Resolution In the unlikely event that you have a problem or difficulty with SafetyWeb or the Services please contact us at firstname.lastname@example.org. You must make a good faith effort to work out problems with us directly before invoking legal process. Similarly, we'll make reasonable business efforts to work out problems directly with you before we take other steps.
We appreciate your taking the time to read through our Terms of Service.