SafetyCheck.com Terms of Service
1. Acceptance of Terms of Service
SafetyCheck.com (hereafter referred to as “SafetyCheck”) is provided by SafetyCheck, LLC for your personal, non-commercial use. SafetyCheck is provided free of charge to you (unless otherwise indicated) subject to these Terms of Service. By accessing and using the SafetyCheck web site, you agree to be bound by its Terms of Service.
These Terms of Service apply to your use of SafetyCheck. SafetyCheck, at its sole discretion and without actual notice to you, may modify or supplement these Terms of Service from time to time with additional terms. You understand and agree that such modifications and/or additional terms are hereby incorporated by reference into these Terms of Service. Each time you access and use SafetyCheck, you are deemed to have agreed to these terms of service as modified. SafetyCheck reserves the right to provide you notice of such changes to any e-mail address you have provided to SafetyCheck.
If you do not agree to be bound by these Terms of Service, please discontinue your use of SafetyCheck.
2. Membership Registration
Registration is not required to view certain content on SafetyCheck. In order to publish comments or receive e-mail alerts from SafetyCheck, you need to register as a member of SafetyCheck. Registering as a member will allow you to access certain services that are not available to guests.
When you register with SafetyCheck, you will be required to provide SafetyCheck with the following information: a unique username of your choice, a unique password of your choice, e-mail address, state, and zip code. State and zip code information are particularly helpful so that SafetyCheck can target a regional alert to you, at its discretion. SafetyCheck reserves the right, at its discretion, to modify or add registration requirements.
Any information provided by you or gathered by SafetyCheck or third parties during any visit to SafetyCheck shall be subject to the terms of SafetyCheck’s Privacy Policy. Click here if you wish to read SafetyCheck’s Privacy Policy.
You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify SafetyCheck of any unauthorized use of your registration or password.
3. Termination
You may terminate your registration by unsubscribing to any SafetyCheck e-mail alerts at any time. SafetyCheck will process member terminations in a timely manner, however you acknowledge there may be a lag time from when you unsubscribe to when you no longer receive e-mail from SafetyCheck.
SafetyCheck reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate these Terms of Service and/or your registration with or ability to access SafetyCheck and/or any other specific content, products, or tools provided to you by SafetyCheck, upon any breach by you of these Terms of Service or otherwise, including providing SafetyCheck with false or misleading registration information. SafetyCheck may also delete content submitted by you, and notify and/or fully cooperate with law enforcement officials where and when appropriate.
4. SafetyCheck Content
SafetyCheck’s content is defined as words, articles, photographs, video, audio, graphs, charts, drawings, presentations, other information or opinions that appear on its web site, in an e-mail, in audio or video form, or in other media formats, whether such content is authored by SafetyCheck or a third party.
SafetyCheck writes, edits, links to, and in some cases re-publishes all, or portions of, content it gathers from a variety of sources, including U.S. government agencies, state and local agencies, corporations, manufacturers, trade organizations, non-profit associations, media outlets, public relations agencies, medical professionals, quoted sources, and individual consumers.
SafetyCheck publishes content it believes to be accurate and truthful. However, SafetyCheck does not promise or guarantee that the content is complete, correct, reliable, or up-to-date. The content on SafetyCheck is provided on an “as available” and “as is” basis without warranties of any kind, either express or implied. SafetyCheck encourages its users to consult web sites of, or make contact with, U.S. government, state, or local agencies in order to seek official clarification on a particular issue.
Content on SafetyCheck related to health, medicine, food, children, automotive products, travel, personal safety and other topics does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. If you think you may have a medical emergency, call your doctor or 911 immediately. If you are concerned about your continued use of a product, contact the product’s manufacturer, an official government agency, a health professional, or a legal counsel.
Information SafetyCheck publishes or broadcasts with respect to the refunds, replacement, or repairs of consumer products or services that are subject to voluntary or government-directed recalls is based on publicly-available information that SafetyCheck receives at the time of publication. This information may be modified or updated at any time at the discretion of SafetyCheck.
You agree that SafetyCheck is not responsible or liable for ANY refusal, change, or denial to you to provide a product, service, refund, replacement or repair by a product manufacturer, retailer, wholesaler, distributor, or any company or entity selling a product or service for any reason, and that you are solely responsible for obtaining a remedy. You understand that manufacturers and sellers of products and services may impose expiration dates with which a consumer is entitled to receive a remedy and that SafetyCheck is not responsible for publishing such expiration dates. SafetyCheck assumes no responsibility or liability for damages for any inaccurate information that it publishes or any information that is subsequently changed by a government agency or any entity involved with a product issue or recall. You hereby indemnify and release SafetyCheck, its officers, employees, agents, affiliates, advisors, and advertisers — and anyone involved in creating, producing and distributing SafetyCheck content — from any liability or damages whatsoever with regard to content on Safety Check, a product’s performance and/or whether you are entitled to a remedy in monetary or material form.
5. Content Submitted to SafetyCheck
SafetyCheck may review and edit content submitted by you prior to the content’s posting to any area of SafetyCheck. Content posted by you or any user to SafetyCheck does not reflect the opinions or views of SafetyCheck, its officers, employees, agents, or affiliates. SafetyCheck makes no warranty, whether express or implied, as to the accuracy of any content or material that you or other users post on SafetyCheck.
You solely are responsible for the content of your comments, and any consequences of such comments. Do not include your e-mail address, phone number, street address or last name on any area of SafetyCheck that is accessible to the general public or provide any personally identifying information to people you do not know. SafetyCheck assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of SafetyCheck. SafetyCheck further assumes no responsibility for the deletion of or failure to store your or other user’s comments. SafetyCheck reserves the right to delete your comments at any time without notice to you.
You agree that you will not use SafetyCheck to post comments or material of any kind or nature that is unlawful, harassing, defamatory, abusive, threatening, libelous, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. SafetyCheck will cooperate fully with any law enforcement officials and/or federal, state, or local agencies in the investigation of any person or persons who violate the Terms of Service contained in this section.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of SafetyCheck. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use SafetyCheck to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge the following:
- content on SafetyCheck is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”);
- you will not submit or post any material that is in violation of another party’s Rights;
- these Rights are valid and protected in all media and technologies existing now or later developed;
- except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content;
- you accept liability for any damage resulting from any infringement of Rights that you cause, even if SafetyCheck permits your submission or posting to viewed publicly on SafetyCheck.
You may not post to SafetyCheck, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that SafetyCheck may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of SafetyCheck, you grant SafetyCheck a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, distribute, modify, adapt, publish, broadcast, translate, create derivative works from, derive revenue or other remuneration from, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on SafetyCheck retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO SAFETYCHECK, YOU HEREBY EXPRESSLY PERMIT SAFETYCHECK – AT ITS DISCRETION — TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY SAFETYCHECK IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
6. Non Commercial Use
SafetyCheck, its content, products and services, and any other element of SafetyCheck are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by SafetyCheck in writing.
SafetyCheck contains copyrights, trademarks, and intellectual property which are protected by federal law. You may not reproduce, publish, sell or distribute in any manner or medium any content or material from SafetyCheck for any commercial use without the express written consent by SafetyCheck.
You are permitted to link to SafetyCheck both in e-mail and on a web site that you publish so long as SafetyCheck is not “framed” within that site, or incorporated within that site so as to prevent SafetyCheck from deriving income for its content and services as well as to “co-opt” SafetyCheck content and services for your own purposes and mislead users that SafetyCheck is your content. An exception to this would be a SafetyCheck-provided and branded widget to place on your web site, of which terms of use may be subject to a separate business model outlined by SafetyCheck.
You agree that you will not use SafetyCheck for “spamming,” commercial or non-commercial solicitations, chain letters, research or survey solicitations, junk mail, or bulk communications of any kind. Any such use shall be deemed to be a violation of these Terms of Service.
7. Interstate Communications
When you register with SafetyCheck and/or post comments on SafetyCheck, you acknowledge that in using the SafetyCheck services to send electronic communications including comments that you submit for posting, you will cause communications to be sent through SafetyCheck’s computer networks. Regardless of where you are physically located, for legal purposes all communications will be deemed as interstate communications and will be treated as such by applicable federal and/or local laws.
8. Third Party Advertisers and Services
SafetyCheck is supported by advertisements from third party sellers of goods and services (“Seller”). As such, SafetyCheck reserves the right to offer third party services and products to you, both on its web site and within e-mail alerts and messages you elect to receive from SafetyCheck. SafetyCheck also reserves the right to reject or prohibit any advertisements that it believes is not in keeping with the appropriateness of the service.
All matters concerning the merchandise and services you purchase or wish to order from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, and delivery, are strictly between you and Seller. SafetyCheck makes no endorsements, warranties or representations whatsoever with regard to any goods or services provided by Seller. You will not consider or construe SafetyCheck as a party to such transactions, whether or not SafetyCheck may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
9. Copyright Infringement
If you believe that materials presented or hosted by SafetyCheck infringe your copyright, you may send SafetyCheck a notice requesting that the material be removed or access to it blocked. The notice must include the following information:
- identification of the copyrighted work claimed to have been infringed
- identification of the material located on SafetyCheck that is claimed to be infringing, and providing SafetyCheck a screen shot or information on where the copyrighted work can be found on SafetyCheck
- a physical or electronic signature of someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- the name, address, telephone number, web site (if available) and e-mail address (if available) of the complaining party
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- a statement that the information in the notification is accurate and (under penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
10. General Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF SAFETYCHECK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, AND TOOLS IS AT YOUR SOLE RISK.
SAFETYCHECK MAKES NO WARRANTY THAT SAFETYCHECK WILL MEET YOUR REQUIREMENTS, OR THAT SAFETYCHECK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SAFETYCHECK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SAFETYCHECK. SAFETYCHECK WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF SAFETYCHECK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SAFETYCHECK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SAFETYCHECK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN SAFETYCHECK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN SAFETYCHECK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFETYCHECK OR THROUGH SAFETYCHECK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SAFETYCHECK MAKES NO WARRANTY REGARDING ANY CONTENT, GOODS, SERVICES, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH SAFETYCHECK OR ANY TRANSACTIONS ENTERED INTO THROUGH SAFETYCHECK.
SAFETYCHECK IS NOT RESPONSIBLE FOR ANY CONTENT (OR ADVERTISING) ON THE INTERNET OR ON A WORLD WIDE WEB PAGE THAT IS CONTAINED OR HOSTED OUTSIDE SAFETYCHECK. SAFETYCHECK MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH SAFETYCHECK MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST SAFETYCHECK WITH RESPECT TO SUCH SITES. SAFETYCHECK SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM ADVERTISEMENTS PUBLISHED ON SAFETYCHECK.
11. Indemnification
You agree to indemnify and hold each of SafetyCheck, its parents, officers, directors, advisors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of SafetyCheck, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
12. Miscellaneous
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflicts of laws provisions. By registering for, visiting or entering SafetyCheck, you consent to and submit to the exclusive jurisdiction and venue of the state and federal courts located in Virginia.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of SafetyCheck, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
SafetyCheck reserves the right to terminate free access to SafetyCheck including any or all content, services, products, or tools with or without notice to you. SafetyCheck reserves the right (at SafetyCheck’s discretion) to provide you with notice of such change by prominently posting a notice on SafetyCheck and/or sending written notice to you at any e-mail address you have provided to SafetyCheck. Once free access is terminated, SafetyCheck may charge each subscriber any applicable fee, surcharge and/or membership fee for access to SafetyCheck and/or any for-pay content, services, tools or products.
