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").

This is a legal agreement between you and SafetyWeb for Services for the Customer or someone (e.g., the Customer's child) that the Customer has designated to be the subject of the Services provided by SafetyWeb (the "Named Party"). This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Site and Services. Use of the Site and Services is also governed by the SafetyWeb Privacy Policy, which is incorporated into this Agreement by this reference. By using the SafetyWeb Site or Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the SafetyWeb Site or Services without being registered) or you are a "Member" (which means that you have registered with SafetyWeb). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the SafetyWeb Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.

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.

1. Modification of the Terms of Service. SafetyWeb reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without advance notice. If we modify these Terms of Use, we will give you notice of the new terms. Your use of the Site or any of the Services after we have provided such notice will represent your acceptance of the new terms. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Company account.

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:

  • (i) your use is solely for legal and non-infringing purposes and for your personal, noncommercial use, including but not limited to, for purposes of gaining advertising or subscription revenues;
  • (ii) you will not copy or distribute any part of the Services in any medium without SafetyWeb's prior written authorization; and
  • (iii) you will otherwise comply with these Terms. In order to access certain features of the Site and Services, you will have to create a SafetyWeb account and become a "Member". To become a Member you must be at least 18 years of age. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify SafetyWeb of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. If you become a Member you consent to the use of:
    • (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and
    • (b) electronic records to store information related to these Terms of Service or your use of the Site and Services.

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

  • (a) We may immediately terminate or suspend your access to the Site and Services and remove any material from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. SafetyWeb not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, SafetyWeb will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
  • (b) You may terminate your SafetyWeb account at any time and for any reason by sending an email to support@safetyweb.com. Upon any termination by a Member, the related account will no longer be accessible. SafetyWeb will handle any cancellation request within 7 days of receipt of such a request. Any suspension, termination or cancellation will not affect your obligations to SafetyWeb under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or 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:

  • (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
  • (b) Use any meta tags or other hidden text or metadata utilizing a SafetyWeb name, trademark, URL or product name;
  • (c) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any Member or other user to the Site or the Services;
  • (d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
  • (e) Attempt to probe, scan or test the vulnerability of any SafetyWeb system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
  • (f) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services,
  • (g) Collect or store personal data about other users without their express permission;
  • (h) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud or
  • (i) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

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 support@safetyweb.com. 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.