If you are a member of a Safe2Pass Community (“Community”) and/or employee of a Safe2Pass Customer (“Customer”) and are being provided with the App by such (“Community”) and/or (“Customer”) as part of your membership within the community or employment with that Customer, your use of the Service may also be governed by an applicable master agreement, other services or license agreement, order form, schedule, and/or other agreed terms (“Community” and/or “Customer Agreement”) between Safe2Pass and the Safe2Pass Community or Customer and/or between you and/or and the Safe2Pass Community and the Customer.
Safe2Pass LLC (referred to as “Safe2Pass, Company), Safe2Pass Community, Customer, User. In the case of any inconsistency between a Community or Customer Agreement and these Terms, if a Community or Customer Agreement applies to your use of the Service, the terms of the applicable Community Customer Agreement shall control.
- Children Under the Age of 13. The Children’s Online Privacy Protection Act (“COPPA”) requires that all online service providers, including Company, obtain parental consent before knowingly collect personally identifiable information from children under the age of 13. The “Company” does not knowingly collect or solicit any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with COPPA. If we learn that we have collected personal information from a person under the age of 13 that does not comply with COPPA, we will delete that information in a reasonably prudent amount of time. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us at [email protected].
- Safe2Pass Accounts. Your Safe2Pass account gives you access to the Service that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Safe2Pass immediately by email at [email protected] of any breach of security or unauthorized use of your account. Safe2Pass will not be liable for any losses caused by any unauthorized use of your account.
- Service Rules:
- You are subject to applicable Country laws and regulations and your affiliated Community’s, or Customer’s policies and procedures when using the SERVICE.
- Using the SERVICE while driving is strictly prohibited.
- IN THE EVENT OF AN EMERGENCY, CALL YOUR COUNTRY’S EMERGENCY NUMBER IMMEDIATELY.
- You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” to access the Service in a manner that sends more request messages to the Safe2Pass servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (d) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Service; (f) collecting or harvesting any personal information from the Service; (g) using the Service for any commercial solicitation purposes; (h) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud; (i) interfering with the proper working of the Service; (j) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (k) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
- You will only use the application in connection with a device that you own or control;
- You acknowledge and agree that all third-party beneficiaries have no obligation whatsoever to furnish any maintenance and support services with respect to the application;
- In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify the applicable third-party beneficiary of such failure; upon notification, the third-party beneficiaries, at their discretion and determination sole warranty obligation to you will be to refund to you the purchase price, if any, of the application;
- You acknowledge and agree that Safe2Pass, and not the third-party beneficiary, is responsible for addressing any claims you or any third party may have in relation to the application;
- You acknowledge and agree that in the event of any third party claim that the application or your possession and use of the Application infringes that third party’s intellectual property rights, Safe2Pass, and not the third-party beneficiary, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties; and
- Both you and Safe2Pass acknowledge and agree that, in your use of the application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
- Closing Your Account. You may cancel your Safe2Pass account at any time. To cancel your account, email [email protected]. Include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 business hours of your cancellation request.
- No Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY INFORMATION OR DATA WITHIN THE APPLICATION MAY NOT BE ACCURATE. Safe2Pass IS PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR FOR FAILURE OF PERFORMANCE. Safe2Pass DOES NOT WARRANT THAT THE APPLICATION WILL BE FREE FROM DEFECTS OR ERRORS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. BY DOWNLOADING THIS APPLICATION YOU EXPRESSLY AGREE TO HOLD Safe2Pass HARMLESS FROM ANY LOSS, HARM, INJURY, OR DAMAGE WHATSOEVER ARISING FROM OR ARISING OUT OF YOUR USE OF THE SERVICE.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Safe2Pass, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Safe2Pass BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Safe2Pass ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Safe2Pass, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Safe2Pass HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Safe2Pass HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Contact Us. Please contact us at the following address:
Safe2Pass, Inc., 420 Lexington Avenue, Suite 1620, New York, NY 10170 or by email at [email protected].