End User License Agreement

IMPORTANT. PLEASE READ CAREFULLY BEFORE INSTALLATION OR USE: This End User License Agreement ("EULA") is a legal agreement between you, the user, either an individual or a single entity, and SAFER Systems, LLC ("SAFER", or "we") for use of the SAFER Mobile Response application (including the accompanying computer software, associated media, printed materials, electronic documentation), services, and website made available by, and owned or controlled by, SAFER (together, the "Services").

By accessing or using the Services, however accessed, you agree to be bound by this EULA. This EULA affects your legal rights and obligations. If you do not agree to be bound by all the terms of this EULA, do not access or use the Services. BY USING THE SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS FOUND HEREIN.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to this EULA. In those cases, the terms specific to the special feature control to the extent there is a conflict with this EULA.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SAFER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Basic Terms

1. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, SAFER prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent and agree that all information you provide or provided to SAFER upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

2. You agree that you will not solicit, collect or use the login credentials of other users of the Services.

3. You are responsible for keeping your password secret and secure.

4. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.

5. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Services.

6. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or SAFER.

7. You must not access SAFER's private application programming interface (API) by means other than those specified by SAFER.

8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the Services.

9. You must not use domain names or web URLs in your username without prior written consent from SAFER.

10. You must not interfere or disrupt the Services or servers or networks connected to the Services by any means, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SAFER page is rendered or displayed in a user's browser or device.

11. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

12. You must not attempt to restrict another user from using the Services and you must not encourage or facilitate violations of this EULA.

13. Violation of this EULA may, in SAFER's sole discretion, result in termination of your account. You understand and agree that SAFER cannot and will not be responsible for the Content and algorithms posted on the Services and you use the Services at your own risk. If you violate this EULA, or otherwise create risk or possible legal exposure for SAFER, we reserve the right to terminate your access and to stop providing all or part of the Services to you without notice and at any time.

 

General Conditions

1. We reserve the right to modify or terminate the Services, or your access to the Services, for any reason, without notice, at any time, and without incurring liability to you. If we terminate your access to the Services, your personal data, stored incidents, and all other data will no longer be accessible through your account (e.g., you will not be able to log on to your account), but those materials and data may persist and appear within the Services.

2. Upon termination, all licenses and other rights granted to you in this EULA will immediately cease.

3. We reserve the right, in our sole discretion, to change this EULA ("Updated Terms") from time to time. Unless we make a change for legal reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this EULA and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, and will apply to your use of the Services from that point forward. This EULA will govern any disputes arising before the effective date of the Updated Terms.

4. We reserve the right to refuse access to the Services to anyone for any reason at any time.

5. We reserve the right to force forfeiture of any username for any reason.

6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates this EULA.

7. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that SAFER is not responsible or liable for the conduct of any user. SAFER reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you share Content or any personal or other information.

8. There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Services. The Services may also include third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. For example: a weather service. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. SAFER does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that SAFER is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

9. You agree that you are responsible for all data charges you incur through use of the Services.

10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and incidents.

11. You agree we may share your personal information, incidents and any other activity with our partners for the purpose of study, sales leads and commercial offers.

12. You agree to be electronically contacted by SAFER for any purpose including, but, not limited to newsletters, third party offers and other offers by SAFER, including other SAFER products.

13. You agree that you will evaluate and bear all risk associated with your use of the Services, including reliance on the accuracy, completeness, or usefulness of the Services. Under certain use conditions, the Services may use data from external sources for which we cannot guarantee the reliability.

 

Rights

1. SAFER does not claim ownership of any Content that you may post on or through the Services. Instead, you hereby grant to SAFER a non-exclusive, perpetual, irrevocable, fully paid and royalty-free, transferable, including the right to sub-license, right and license to use any Content that you post on or through the Services. Such license includes the right to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all Content submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate any Content in other works in any form, media, or technology now known or later developed.

2. Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SAFER may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

4. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in this EULA; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into this EULA in your jurisdiction.

5. The Services contains content owned or licensed by SAFER, including but not limited to images, photographs, animations, video, audio, and text ("SAFER Content"). SAFER Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SAFER, SAFER owns and retains all rights in the SAFER Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SAFER Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the SAFER Content.

6. The SAFER name and logo are trademarks of SAFER, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SAFER. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SAFER, and may not be copied, imitated or used, in whole or in part, without prior written permission from SAFER.

7. Although it is SAFER's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SAFER reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by SAFER, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, SAFER encourages you to maintain your own backup of your Content. In other words, SAFER is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. SAFER will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

8. You agree that SAFER is not responsible for, and does not endorse, Content posted within the Services. SAFER does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates this EULA, you may bear legal responsibility for that Content.

9. As between you and SAFER, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with SAFER is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SAFER in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of SAFER, and SAFER will not be liable for any use or disclosure of any Content you provide.

 

Reporting Copyright and Other IP Violations

1. We respect other people's rights, and expect you to do the same.

2. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

 

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, SAFER CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. NEITHER SAFER NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "SAFER PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE SAFER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SAFER OR VIA THE SERVICES. IN ADDITION, THE SAFER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM SAFETY AND FREEDOM FROM COMPUTER VIRUS.

THE SAFER PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAFER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SAFER PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAFER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS EULA.

BY ACCESSING OR USING THE SERVICES,YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE SAFER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE SAFER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE SAFER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAFER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAFER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SAFER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT WILL THE SAFER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE UNITED STATES DOLLARS ($1.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SAFER'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAFER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAFER PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

SAFER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at SAFER's request), indemnify and hold the SAFER Parties 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 any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of this EULA; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by SAFER in the defense of any claim. SAFER reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SAFER.

 

Arbitration

Except if you opt-out of arbitration as provided herein in this EULA , you agree that all disputes between you and SAFER (whether or not such dispute involves a third party) with regard to your relationship with SAFER, including without limitation disputes related to this EULA, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and SAFER hereby expressly waive trial by jury. You may bring claims for arbitration only on your own behalf and not on behalf of any third party. Neither you nor SAFER will participate in a class action or class-wide arbitration for any claims covered by this EULA. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another user's account, if SAFER is a party to the proceeding. This arbitration provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing a case or claim, then either SAFER or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this EULA.

You may opt out of this agreement to arbitrate. If you do so, neither you nor SAFER can require the other to participate in an arbitration proceeding. To opt out, you must notify SAFER in writing within 30 days of the date that you first became subject to this arbitration provision. Except as specifically provided herein, opting out is not permitted. You must use this address to opt out:

SAFER Systems, LLC. ATTN: Arbitration Opt-out 4165 E. Thousand Oaks Blvd. Suite 145, Westlake Village, CA 91362

You must include your name and residence address, the email address you use for your SAFER account, and a clear statement that you want to opt out of this arbitration provision.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration provision will be null and void. This arbitration provision will survive the termination of your relationship with SAFER.

 

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with SAFER must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

Governing Law & Venue

This EULA is governed by, and construed in accordance with, the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of this EULA, disputes specifically excluded by the arbitration provision, or if you opt out of the agreement to arbitrate but only if you opted out as permitted in this EULA, or if the prohibition against class actions and other claims is found to be unenforceable, you agree to resolve any dispute you have with SAFER exclusively in a state or federal court located in Ventura, California, and to submit to the personal jurisdiction of the courts located in Ventura County for the purpose of litigating all such disputes. This governing law & venue provision will survive the termination of any or all of your transactions with SAFER.

 

Severability

If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the EULA remain in full force and effect. SAFER's failure to insist upon or enforce strict performance of any provision of this EULA will not be construed as a waiver of any provision or right. No waiver of any of this EULA will be deemed a further or continuing waiver of such term or condition or any other term or condition. This severability provision will survive the termination of any or all of your transactions with SAFER.

 

Entire Agreement

This EULA constitutes the entire agreement between you and SAFER regarding your use of the Services, superseding any prior agreements between you and SAFER. You will not assign this EULA or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SAFER. Any purported assignment or delegation by you without the appropriate prior written consent of SAFER will be null and void. SAFER may assign this EULA or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify this EULA. This EULA does not confer any third-party beneficiary rights.

 

Territorial Restrictions

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SAFER to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SAFER provides.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

This EULA is written in English (US). To the extent any translated version of this EULA conflicts with the English version, the English version controls, except where prohibited by law. controls.