Terms of Use

OVERVIEW

This website is operated by Safespill (“Safespill”, “we”, “us” and “our”). Safespill offers this website, including all information available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Use.

These Terms of Use (together with any agreements or other documents incorporated by reference, these “Terms of Use”) are entered into by and between you and Safespill. These Terms of Use govern your access to and use of safespill.wpengine.com, including any content, functionality, and services offered thereon (the “website”), whether as a guest, browser, vendor, customer, and/or merchant or a registered user.

Please read these Terms of Use carefully before accessing or using our website. By visiting our website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access the website.

Any new features or tools which are added to the website shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This website is intended for use by users that reside in the U.S. and are 18 or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you are not the intended audience, do not meet all of these requirements, or object to these Terms of Use, you may not access the website.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse access to anyone for any reason at any time. We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that you are aware of these Terms of Use and complying with them.

To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, or after a substantial period of inactivity, for security purposes.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION 2 – INTELLECTUAL PROPERTY RIGHTS

This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Safespill, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to reproduce, duplicate, modify, create derivative works of, copy, sell, resell, publicly display, republish, download, store, transmit, or exploit any portion of the website, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (b) you may store files that are automatically cached by your web browser for display enhancement purposes. Additionally, you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Safespill. Any use of the website not expressly permitted herein is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Safespill or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – PRODUCTS, SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue access to the website (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of access to the website.

We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SECTION 5 – THIRD-PARTY LINKS

Certain content, products, and services available on our website may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 6 – USER FEEDBACK

If, at our request, you send us feedback or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether email, by postal mail, or otherwise (collectively, feedback), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website, should be taken to indicate that all information on the website has been modified or updated.

SECTION 9 – PROHIBITED USES

You may use the website only for lawful purposes and in accordance with these Terms of Use. In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using, and agree not to use, the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to impersonate or attempt to impersonate Safespill, a Safespill employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the website, other websites, or the Internet. We reserve the right to terminate your use of the website for violating any of the prohibited uses.

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of this website will be uninterrupted, timely, secure, or error-free. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE.

You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all information provided thereon (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express, implied or statutory, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, and to the extent permissible by applicable law, we expressly disclaim any and all such warranties.

NEITHER SAFESPILL, NOR ANY PERSON ASSOCIATED WITH SAFESPILL, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SAFESPILL NOR ANYONE ASSOCIATED WITH SAFESPILL REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS DESCRIBED THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

In no case shall Safespill, our MANAGERS, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website, or for any other claim related in any way to your use of the website or any Safespill product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Safespill and our parent, subsidiaries, affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, your use of the website other than as expressly authorized herein, your use of any information obtained from the website, or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to access the website, or when you cease using our website. If you are dissatisfied with the website, its content, or any of the terms, conditions, and policies of these Terms of Use, your sole and exclusive legal remedy is to discontinue using this website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice; and/or accordingly may deny you access to the website (or any part thereof). We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this website.

SECTION 14 – ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy, and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us with respect to the use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

SECTION 15 – GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

SECTION 16 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

This website is operated by Safespill, a Texas limited liability company, with its principal place of business located at 1900 Crosspoint Avenue, Houston, TX 77054.

Questions about these Terms of Use should be sent to us at info@safespill.com.

Last revised: September 23, 2020