BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Safe Sale ("Safe Sale"), YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND Safe Sale, WHICH INCLUDE THE REFERENCED PRIVACY POLICY ("AGREEMENT"). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY Safe Sale WEBSITE OR TO OBTAIN ANY SERVICES FROM Safe Sale.
The Safe Sale websites and mobile apps (collectively, "Websites"; and individually, "Website"). Safe Sale provides numerous services, including as referenced on the Websites ("Services").
Safe Sale reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms of Use shall constitute your acceptance to be bound by the express terms of any such revisions.
1. Certification of User
By using or attempting to use this Website, you certify to Safe Sale that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older, and have the legal capacity to enter into this Agreement.
2. Content & Registration
2.1 Website Content
The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics, and/or video or any information whatsoever obtained through the Website (collectively referred to herein as "Information"), Safe Sale's computers or network and any subscription or software, product, service, or information provided by Safe Sale.
2.3 Limitation of Liability
Safe Sale shall not be held liable, directly or indirectly, for any loss or damage caused by your use of:
(a) any external site linked to the Service,
(b) Vendor Information, or
(c) Vendor products or services. Statements made on the Service Area concerning the products or services of Safe Sale do not constitute an offer but are merely solicitations of an offer.
2.4 Registration
You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration, and use your registration solely to access the Website and to obtain Services. Safe Sale reserves the right to monitor your use of the registration and to discontinue it at any time in Safe Sale's sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.
No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication, or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to, "screen scraping" or "database scraping" to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any printout of any page of the Website or portion thereof must include Safe Sale's copyright notice. Safe Sale and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Safe Sale. All other content product names and company logos are trademarks of their respective owners.
3.2 Notice of Copyright Infringement
Safe Sale respects the copyrights of others. Safe Sale reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Safe Sale has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement, you may notify us by e-mail at [email protected].
3.3 Restricted Use
You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which:
(a) infringes any patent, trademark, or copyright rights of others or violates their privacy or publicity rights,
(b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable, or
(c) is protected by patent, copyright, trademark, or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, or other proprietary rights, or any other harm resulting from your use of the Service.
3.4 Your Submission of Messages
You hereby grant to Safe Sale a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and use for any purpose all messages or other materials posted by you on the Service or any e-mail sent by you to Safe Sale (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.
3.5 Public Messages
All electronic forums made available to users of the Service are the sole property of Safe Sale and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages, or other materials posted by any person or entity other than Safe Sale ("Third-Party Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email, or otherwise transmit via the Service. Safe Sale assumes no liability for any such Third-Party Content. You agree not to use the Service to:
1). upload, post, email, or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is racially, ethnically, or otherwise objectionable;
2). harm minors in any way;
3). impersonate any person or entity, including, but not limited to, an official or representative of Safe Sale, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4). forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
5). upload, post, email, or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6). upload, post, email, or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7). upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8). upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment, or network;
9). disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
10). interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
11). intentionally or unintentionally violate any applicable local, state, national, or international law;
12). “stalk” or otherwise harass another; or
13). collect or store personal data about other users.
4. Access and Delays in Services
Safe Sale, its affiliates, subsidiaries, and vendors shall have no responsibility to provide you access to the website. Further, Safe Sale, its affiliates, subsidiaries, and vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, or interruptions of the service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or other similar causes.
5. Monitoring By Safe Sale
You acknowledge that Safe Sale reserves the right to, and may from time to time, monitor for all lawful purposes any and all third-party content transmitted or received through the service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All third-party content, including personal information, placed on or sent over the service may be monitored. Use of the service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this agreement.
6. Representations, Warranties, & Limitation Of Liability
6.1 General Disclaimer And Limited Warranty
You acknowledge that certain aspects of the information and/or vendor information and links provided through the website are compiled from sources which may be beyond the control of Safe Sale. Though such information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Safe Sale, its licensors, and vendors do not warrant the accuracy or suitability of any such information. Neither Safe Sale nor its licensors or vendors represent or endorse the accuracy or reliability of the information distributed through the service.
For this reason, you acknowledge that the website is provided to you on an “AS IS WITH ALL FAULTS” basis. Safe Sale and its licensors and vendors expressly disclaim any and all warranties, whether express, oral, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising by virtue of custom of trade or course of dealing. Further, Safe Sale and its licensors and vendors neither represent nor warrant that the website will meet your requirements or is suitable for your needs or will achieve any desired result.
6.2 Assumption Of Risk
You assume all risk of errors and/or omissions in the website, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the website, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under this agreement.
6.3 Viruses
You acknowledge and agree that Safe Sale uses reasonable efforts to assure that no viruses or programs with similar functions operate on, or are passed through, the website or the information. However, you hereby assume all responsibility (and thereby hold Safe Sale harmless) for detecting and eradicating any virus or program with a similar function.
6.4 Limitation Of Liability
You agree that Safe Sale and its affiliates, subsidiaries, and vendors shall not in any event be liable for any special, incidental, or consequential damages arising out of the use or inability to use the service for any purpose whatsoever. If the above limitations of liabilities should fail in their essential purpose for any reason, such liability is and shall be limited to a sum equal to ten percent (10%) of the sums paid to Safe Sale by you under the terms of this agreement or $100.00, whichever is greater, as liquidated damages and not as a penalty even if Safe Sale or its affiliates have been advised of the possibility of such damages. This liability, if any, shall be complete and exclusive. The provisions contained in this section shall survive termination of this agreement.
6.5 FTC Notice
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state
7. Indemnification
You shall release, discharge, and relinquish, defend, indemnify, and hold harmless Safe Sale and its affiliates, subsidiaries, and vendors, and each of their members, shareholders, directors, employees, agents, representatives, vendors, and contractors of whatever tier (collectively, the indemnitees) from and against all loss, claims, demands, and causes of action of whatever kind or character, including without limitation costs, attorneys’ fees, and expenses incurred in connection with any claim brought by any person(s) or entity(ies) arising from, in connection with, or relating to, your access and use of the website, including your use of the information obtained through the website. The obligations to release, defend, and indemnify contained in this section shall apply even if caused, in whole or in part, by the joint, sole, gross, or concurrent negligence, strict liability, contractual liabilities of third parties, or other fault, whether passive or active, of any person or entity, including but not limited to the indemnitees, jointly or severally. You shall cooperate as fully as reasonably required in the defense of any such claim.
8. Privacy Policies
These terms of use include our privacy policy as contained on our website, which is incorporated fully herein.
9. Unsolicited Marketing
9.1 Unsolicited Marketing
Safe Sale supports responsible e-commerce. Safe Sale does not authorize anyone to use the service to broadcast, distribute, transmit, or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail, including email (“SPAM”).
9.2 Electronic Direct Marketing Programs
Safe Sale may develop and participate in electronic direct marketing to users of the website who elect to receive electronic mail of specific interest to them. In keeping with this agreement, Safe Sale does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Safe Sale’s electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Safe Sale then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their email address be removed from the mailing list by selecting the appropriate option included with each email advertisement sent by Safe Sale. In addition, users may elect to be removed from such lists at any time by sending a message to the system administrator at [email protected].
9.3 Reporting SPAM
Users who receive SPAM or any threatening or offensive email through the services may report it to Safe Sale by forwarding the unedited message with the full message header to [email protected].
9.4 Reservation Of Rights
Safe Sale reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the service of SPAM, junk email, threatening or offensive email, or email otherwise determined by Safe Sale, in its sole discretion, to be objectionable. Safe Sale reserves the right to suspend or terminate any person or entity’s use of or access to the service if it determines, in its sole and absolute discretion, that such person has used or intends to use the service in violation of this policy. A failure of Safe Sale to exercise any right provided for herein shall not be deemed to be a waiver of such right.
10. Miscellaneous
10.1 Governing Law; Limitations; Venue
The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the service as contemplated by this agreement must be instituted within two (2) years from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
10.2 Assignments
You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Safe Sale. Any assignment other than as provided for in this section shall be null and void.
10.3 Severability
If any provision of this agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this agreement.
10.4 Connectivity Charges
You understand that your access to the website and use of the services may incur third-party connectivity charges. You understand that you are responsible for any such charges that your use incurs, including from your cell phone or internet service provider, including fees related to text messaging and data fees.
10.5 Termination
Safe Sale may terminate or suspend your use of the website for any reason. Termination or cancellation of your use of the website shall not affect any right or relief to which Safe Sale may be entitled, at law or in equity. Upon termination of this agreement, all rights granted to you will terminate and revert to Safe Sale.
10.6 Notice
Official correspondence must be sent via postal mail to: Safe Sale, 6500 Greenville Avenue, Suite 400 Dallas, TX 75206
10.7 Notice Regarding Electronic Commercial Service For California Users
Pursuant to California Civil Code Section 1789.3, California site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210
10.8 Entire Agreement
This agreement is complete and effective at the time you begin use of the service. This agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Safe Sale. In the event that any inconsistencies exist between this agreement and any future published terms or understanding, the last published agreement or terms of use shall control.
Any rights not expressly granted herein are reserved by Safe Sale.
