TERMS OF SERVICE
1. MEMBERSHIP AGREEMENT
The following Terms of Service (referred to as "TOS" or "Member Agreement") are between you and EVERYBODYSAFE.COM, INC. (referred to as “EVERYBODYSAFE.COM”).
Please understand that your privacy and the privacy of your emergency contacts is very important to us. Although we reserve the right to share this information with our partners, it is expressly for the purposes of informing you about upgrades to our service, auditing, reminders relating to your membership or specific offers provided as a member of EVERYBODYSAFE.COM.
These TOS constitute a legal document that details your rights and obligations as a EVERYBODYSAFE.COM Member Account Holder (referred to as “Member“) of EVERYBODYSAFE.COM Membership (referred to as the "Service" or “Account“). EVERYBODYSAFE.COM, INC. may assign these TOS and its rights and obligations pertaining to the provision of the Service, or parts thereof, to a parent or affiliated company without notice. EVERYBODYSAFE.COM, INC.may likewise assign these TOS, and its rights and obligations pertaining to the provision of the Service, or any parts thereof, to a parent or affiliated company without notice. All Members must accept these TOS as a condition of membership to the Service. For purposes of these TOS, "you" means the Member, each Sub Account Holder (Account User provisioned under the primary Member’s Account referred to as “Sub Account Holder“), the Account User (subject individual or entity utilizing the EVERYBODYSAFE.COM Service Account referred to as the “Account User”) or of such Account Holders or User as the context requires.
Legal Authority.
If you are an individual, you must be an adult of at least 18 years of age to enroll in the Service as a Member Account Holder, but not as a Account User; and by accepting these TOS as a Member Account Holder, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS as a Member Account Holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated, if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours.
Updates.
These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: http://www.everybodysafe.com/terms_conditions.aspx or by visiting the “Terms and Conditions” link at the website www.everybodysafe.com. If EVERYBODYSAFE.COM, INC makes a change to these TOS and that change has a material impact on the Service, you will be provided notice of that change. Your continued use of the Service following such notice constitutes your acceptance of those changes. Please note that these TOS apply to you whether you pay a service fee directly to EVERYBODYSAFE.COM, INC or you receive the Service as part of an agreement between you and a third-party authorized to distribute, donate or resell all or a portion of the Service.
Description of Services.
The Service is primarily a Micro Emergency Alert and Notification System, but also includes a vast collection of resources provided by EVERYBODYSAFE.COM, INC, including various means and modes of emergency notification, communication, identification, and storage of personalized content to be accessed by the EVERYBODYSAFE.COM User’s authorized third parties in the event of a condition precedent, an emergency or the death a specific individual, whether it be the EVERYBODYSAFE.COM Account Holder or Account User. Included with your membership fee, you receive certain services and content. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EVERYBODYSAFE.COM, INC services, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that EVERYBODYSAFE.COM, INC assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization information.
Registration Discounts or Promotions.
Your Service may also include discounts or promotions on A La Carte Services not included with your basic membership fee. Discounts can not be refunded and are not applicable to any other EVERYBODYSAFE.COM, INC Service. A La Carte Services available for discounts or on a promotional basis may change without notice. All discounts will terminate upon cancellation of the Service and are non-transferable.
User Discretion Advised.
In order to qualify as an EVERYBODYSAFE.COM Account Holder (but not Account User), you must be at least 18 years of age. Please be aware that there may be certain areas on the Service that contain adult or mature content and are designated for persons over 18 years of age. You must be at least 18 years of age to access and view such areas, and care should be taken to prevent access by members of your household who are under that age.
Membership.
When you accept these TOS and complete the registration process for the Service, you become the Member Account Holder. You or your designated Account User will be asked to choose a unique name for that account ("EVERYBODYSAFE.COM Membership ID"). You may, depending upon the type of Membership Account you elect, have the ability to create "Sub Accounts" (each of which will have a separate password and EVERYBODYSAFE.COM Membership ID) under your Member Account for others in your household or business, as the case may be. Each Sub Account will also be required to accept these TOS and complete the registration process for each Sub Account to become Sub Account User of the Service. Member Account Holders are responsible for all activity on your Member Account and on any of the Sub Accounts and Account Users. Violations of these TOS in a Member Account or in a Sub Account can result in suspension or termination of the Member Account and/or all associated Sub Accounts.
Combined IDs.
Multiple Member Account Holders and/or each respective Sub-Account Holder, if related household members or business entity members, may be given the option at the discretion of EVERYBODYSAFE.COM, INC to combine accounts to create a unique Master Membership Account. Combination of your Membership Account with the Membership Account of another, where applicable, will result in the linking of both Member IDs with the unique Master Membership Account.
Additional Terms.
When using particular services on the EVERYBODYSAFE.COM website, you will be subject to posted guidelines or additional terms applicable to those services. In addition, certain services offered by EVERYBODYSAFE.COM, INC, such as Bill Pay, are governed by additional agreements. The posted guidelines, additional terms or additional agreements (as applicable) will be provided to you when you use, sign up for or register for those particular services. Unless otherwise expressly noted, the services provided by EVERYBODYSAFE.COM, INC are consumer services.
Services Defined.
"Core Services" are those services that are included as part of your membership in the Service.
"A La Carte Services" are those premium services or ancillary services that you may optionally purchase over and above your Core Services and are added to your EVERYBODYSAFE.COM Account.
“Annual Membership” is core services provided on a annual basis at the applicable annual rate charged at the time of purchase or renewal, as the case may be, provided and charged on the anniversary of each year in perpetuity unless cancelled by EVERYBODYSAFE.COM Member Account Holder or the means of payment is no longer available or provided within thirty (30) days of renewal.
“Monthly Membership” is core services provided on a monthly basis at the applicable monthly rate charged at the time of purchase or renewal, as the case may be, provided and charged on the monthly basis in perpetuity unless cancelled by EVERYBODYSAFE.COM Member Account Holder or the means of payment is no longer available or provided within thirty (30) days of renewal.
“Bundled Membership” is core services provided by a 3rd party such as insurance provider, financial institution, school, 3rd party employee benefit or employer. Membership is paid for by this 3rd party and shall continue in perpetuity as long as a valid agreement exists between said 3rd party and ” EVERYBODYSAFE.COM, INC.
“Lifetime Membership” is core services provided in perpetuity for a one-time fee paid in advance unless cancelled by EVERYBODYSAFE.COM Account Holder.
Upon cancellation of the EVERYBODYSAFE.COM Membership ID, refunds will only be provided based upon the refund policy in place at the time of purchase.
Authorized Business Partner:
EVERYBODYSAFE.COM, INC. may elect to establish business partnerships in order to further expand, offer or distribute membership services. These partnerships may be in the form of a 3rd parties offering service as a “Bundled” product with their own offering, supplying service as a gift, establishing a revenue share model or provide safety related products or services of their own.
Termination of Services and Benefits.
Core Services, A La Carte Services, or any other benefits provided as part of the Service will terminate upon termination or discontinuance of your EVERYBODYSAFE.COM Account with the Service or the expiration of the term without means of renewal, if applicable (collectively referred to as “cancellation“). All Core and A La Carte Services, discounts, and other benefits provided as part of or in connection with the Service are subject to change at any time without notice. You may cancel a service at any time by contacting EVERYBODYSAFE.COM at:
Effect of Service Termination on A La Carte Services.
A) Combined EVERYBODYSAFE.COM Membership ID.
If you combined your EVERYBODYSAFE.COM Account with another EVERYBODYSAFE.COM Account under this Service (referred to as a “Master EVERYBODYSAFE.COM Account”) and then terminate your Service without terminating the Master EVERYBODYSAFE.COM Account, any A La Carte Services you may have will remain in effect according to the terms applicable to each of those Services for the remaining EVERYBODYSAFE.COM Accounts within the Master EVERYBODYSAFE.COM Account, but not in effect for the cancelled EVERYBODYSAFE.COM Account. For a period of at least Ninety (90) days after the termination of your Service account, you will be asked to close your EVERYBODYSAFE.COM Account at any "log-in" opportunity (including, http://www.everybodysafe.com <http://www.everybodysafe.com> ) using your EVERYBODYSAFE.COM Membership ID. If you do not close your EVERYBODYSAFE.COM Account within such period, EVERYBODYSAFE.COM, INC will automatically deactivate and close your EVERYBODYSAFE.COM Membership ID and Account for you at the expiration of Ninety (90) days from cancellation. After your EVERYBODYSAFE.COM Membership ID is closed, you will no longer be able to access your A La Carte Services using your EVERYBODYSAFE.COM Membership ID.
B) No Combined EVERYBODYSAFE.COM Membership ID.
If you did not combine a EVERYBODYSAFE.COM Account with another account under this Service, then any A La Carte Services that you purchased under your EVERYBODYSAFE.COM Account will terminate if you fail to transfer them to a new EVERYBODYSAFE.COM Membership ID or Account User within ninety (90) days after termination of your Service account. Unless and until they are terminated, any A La Carte Services you may have will remain in effect according to the terms applicable to each of those services. Upon unilaterally transferring your A La Carte Services to a new EVERYBODYSAFE.COM Membership ID or Account User, only the recipient EVERYBODYSAFE.COM Account Holder will only be able to access these services using the recipient’s EVERYBODYSAFE.COM Membership ID and password. Once you have cancelled your EVERYBODYSAFE.COM Account, you will be given the option to transfer these services to a new EVERYBODYSAFE.COM Membership ID or Account User at any EVERYBODYSAFE.COM "log-in" opportunity (including, http://www.everybodysafe.com ) using your EVERYBODYSAFE.COM Membership ID within the transfer period. If you do not transfer these services to a new or existing EVERYBODYSAFE.COM Membership ID or Account User, EVERYBODYSAFE.COM, INC. will terminate these services and you may lose some associated data that is stored in connection with such services, such as contacts, emails, photos, personal information or other briefcase data that are attributable to the respective services. Your EVERYBODYSAFE.COM Membership ID will either close or deactivate when you transfer your A La Carte Services within ninety (90) days from cancellation or, if you fail to transfer them, at the end of said transfer period.
Note: Sub-Accounts with a combined EVERYBODYSAFE.COM Membership IDs will keep their A La Carte Services under their respective EVERYBODYSAFE.COM Membership IDs when the EVERYBODYSAFE.COM Membership ID of the Member Account Holder is closed. Sub-Accounts with no combined EVERYBODYSAFE.COM Membership ID will not have an opportunity to transfer their A La Carte Services to a new EVERYBODYSAFE.COM Membership ID after the EVERYBODYSAFE.COM Account of the Member Account Holder is closed. Therefore, if Sub-Account Holders wish to retain their A La Carte Services and associated data, Sub-Account Holders should make the election following the process above before the EVERYBODYSAFE.COM Membership ID of the primary Member Account is closed.
2. CONNECTION TO THE SERVICES
Software.
Other than all software provided to you by EVERYBODYSAFE.COM, INC. and any revised version thereof that you choose to use, you must provide all equipment, devices and software necessary to receive the Service, including, but not limited to, internet access and SMS Messaging. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service.
Toll Charges.
In no event will EVERYBODYSAFE.COM, INC. be responsible for any telephone fees, text messaging fees, or other devices or services charges incurred as a result of the use of the Services or implementation of the Service provided. Use and implementation of the Service (or portions thereof) and of specific means of notification or alert may be subject to change or interruption.
Operational Limits; Force Majeure.
While every measure has been undertaken to avoid technical and operational malfunctions, provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment, associated facilities, and accurate account information. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that EVERYBODYSAFE.COM, INC. shall not be liable for such interruptions. You further understand and agree that EVERYBODYSAFE.COM, INC. has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of EVERYBODYSAFE.COM, INC. In addition, EVERYBODYSAFE.COM, INC. will be liable for any failure of performance, if such failure is due to any cause beyond EVERYBODYSAFE.COM, INC.’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, disabled cell tower, storm, alien invasion, time travel or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, recipient’s device limitations or delays caused by you, your designated contacts, your emergency responders or your equipment.
General Limitations.
EVERYBODYSAFE.COM, INC. is unable to guarantee a sent message or alert will reach or timely reach the intended party.
EVERYBODYSAFE.COM, INC. may have the inaccurate or expired e-mail or telephone information on file;
The intended recipient may not be available or may elect, intentionally or unintentionally, to disregard the message or alert;
The entering party may inaccurately input the EVERYBODYSAFE.COM Membership ID;
The intended recipient may not regularly check their telephone or e-mail;
The intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
EVERYBODYSAFE.COM, INC. system or support may be unavailable due to Operational Limits; Force Majeure;
EVERYBODYSAFE.COM User may not have set up notifications;
EVERYBODYSAFE.COM User may have disabled the alert notifications;
Although all reasonable efforts have been taken, EVERYBODYSAFE.COM, INC. is unable to guarantee that emergency responders or other potential users will know you have a EVERYBODYSAFE.COM Membership ID.
EVERYBODYSAFE.COM User may not have the EVERYBODYSAFE.COM card, metal dog tag or document stickers or same may not be readily visible.
EVERYBODYSAFE.COM Membership ID card, metal dog tag or document stickers may destroyed, damaged, mutilated or illegible.
EVERYBODYSAFE.COM, INC. and its respective system may not be recognized by the emergency responder or other potential user.
Inherent limitations.
Text messages transferred and received may be limited to quantity and type of characters. This will limit the information EVERYBODYSAFE.COM, INC. can send via text message.
An intended recipient may be experiencing technical difficulties with their mode of communication or have failed to maintain continued standing with their communication device service provider.
The Human Factor: EVERYBODYSAFE.COM, INC. is limited to the information entered by the emergency responder or other user into the system. EVERYBODYSAFE.COM, INC. will not be able to transmit any information not entered by the entering party.
EVERYBODYSAFE.COM, INC. is equipped to send automated telephone messages for EVERYBODYSAFE.COM Alerts. Telephone messages may be in the form of either a live person or automated message based on information provided by alert sender.
Timing of alert or notification delivery is directly correlated to the speed and proper operation of the respective modes of communication.
3. YOUR REGISTRATION OBLIGATIONS
To make full use of the Service, all information that you provide to EVERYBODYSAFE.COM, INC. must be accurate, including your name, e-mail address, address, telephone number, credit or charge card numbers and expiration dates and any service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to EVERYBODYSAFE.COM, INC. by clicking on the “Members Area” link at http://www.everybodysafe.com .
Support & Customer Service.
EVERYBODYSAFE.COM, INC. provides free basic customer care for Services purchased from EVERYBODYSAFE.COM, INC. and covered under these TOS. EVERYBODYSAFE.COM, INC. reserves the right to change these Terms & Conditions from time to time in its sole discretion, with or without prior notice, by displaying the revised verbiage “Policy Updates” link at http://www.everybodysafe.com . It is your obligation to periodically review the Terms & Conditions. Your use of the EVERYBODYSAFE.COM Service following any such change (whether or not such changes are reviewed) constitutes your agreement to be bound by the Terms & Conditions as amended.
4. CHILDREN
Adult Supervision.
EVERYBODYSAFE.COM, INC. is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 18 will not be permitted to access the Service unless added as a Sub Account or Account User by a Member Account Holder who is their legal guardians. When you add your child to your EVERYBODYSAFE.COM Membership Account, in addition to certifying that you are least 18 years old, you are certifying that you are the legal guardian of the child/children you wish to add to your EVERYBODYSAFE.COM Membership Account. By adding a child to your EVERYBODYSAFE.COM Membership Account or purchasing an Account on their behalf to be used by them as an Account User, you give your child permission to access all services accessible through the Service by children under 18 years of age with parental consent. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined below) provided through the Service are appropriate for a minor. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service, and the EVERYBODYSAFE.COM Account Holder shall be responsible for the actions of the child/children as it relates to the use of the EVERYBODYSAFE.COM Account and EVERYBODYSAFE.COM Membership ID.
Communications.
If you allow minors to access EVERYBODYSAFE.COM, INC. features, please remind them of the severe penalties at law for misuse of the EVERYBODYSAFE.COM Account features and the responsibility of the EVERYBODYSAFE.COM Account Holder for the actions of the minors pursuant to this Agreement.
5. EVERYBODYSAFE.COM AND EVERYBODYSAFE.COM PRIVACY POLICIES
Registration data and certain other information about you is subject to the respective Privacy Policies of EVERYBODYSAFE.COM. For more information, see http://www.everybodysafe.com/privacypolicy.aspx <http://www.everybodysafe.com/privacypolicy.aspx>
6. EVERYBODYSAFE.COM, INC. “OPT-OUT” OPTION
EVERYBODYSAFE.COM, INC. may elect to contact you from time to time via email, telephone or text regarding updates and other potential improvements, modifications, and solicitations. You hereby consent to receive said emails, telephone calls or text solicitations on a continual basis at the election of EVERYBODYSAFE.COM, INC. from EVERYBODYSAFE.COM, INC.. Should you elect to not consent to receive emails, telephone calls and/or text solicitations from EVERYBODYSAFE.COM, INC., you may unsubscribe from this type of contact or “OPT OUT” by following the “Dashboard” link to update your preferences at www.everybodysafe.com or contacting us at:
7. ACCOUNT SECURITY
Member Duty.
The EVERYBODYSAFE.COM User will set a password and EVERYBODYSAFE.COM Membership ID upon completing the Service registration process. You agree to keep confidential all passwords, and remain solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, EVERYBODYSAFE.COM Membership ID or IP address. You agree to do all of the following: (a) immediately notify EVERYBODYSAFE.COM, INC. if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your Member Account or Sub Account, password, EVERYBODYSAFE.COM Membership ID, or any credit or charge card number provided to EVERYBODYSAFE.COM, INC. by calling (800)399-0295; (b) ensure that you exit from your account at the end of each session; and (c) periodically change your password.
Member Responsibility.
You are responsible for all use of the Service under the Membership and for all fees and charges associated with or incurred under the Membership, whether by the Member Account Holder, Sub Accounts Holder, or Account User.
Assumption of Risk.
There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
Theft of Service.
You agree to notify EVERYBODYSAFE.COM, INC. immediately, in writing or by calling the EVERYBODYSAFE.COM customer support line at (800)399-0295 if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Services (such as a copy of a police report). If applicable, you will be responsible for all charges incurred until you report the theft or fraudulent use, however, EVERYBODYSAFE.COM, INC. may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to EVERYBODYSAFE.COM, INC. of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by EVERYBODYSAFE.COM, INC., after you report the theft or fraudulent use of the Services, you will remain responsible for paying your membership fees for Services not stolen or fraudulently used.
HIPAA and authorization for release of Health Information.
Pursuant to HIPAA, health organizations are required to keep your health information confidential. While EVERYBODYSAFE.COM, INC. is not a health organization covered by HIPAA, your privacy continues to be of utmost importance to EVERYBODYSAFE.COM, INC. By accepting this Agreement, you hereby authorize EVERYBODYSAFE.COM, INC. to release any uploaded health information electronically to your third party designee and/or first responder and/or, hospital and/or police and/or other emergency workers in accordance with your prearranged options and designations in your EVERYBODYSAFE.COM membership account. You understand that this only applies if you elect to upload medical information and supply same to a third party. We can and will share only what you have uploaded. We are in no way responsible for any sharing of medical information entered by emergency workers about a particular alert or emergency workers/alert sender’s sharing of your medical status. We are a communications medium only and not supplier or interpreter of medical facts or status.
8. FEES
Agreement to Pay.
EVERYBODYSAFE.COM Account Holder agrees to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service.
Commencement of Billing.
Billing for the Service commences when EVERYBODYSAFE.COM, INC. provides you Service, whether or not you register or use the Service.
When billing commences for an Annual Membership, you will be billed for your first year of service in advance. Recurring charges for each subsequent year's Service will then be billed one year in advance in perpetuity on the anniversary of purchase unless cancelled by the Account Holder. Billing is based on a one (1) year billing cycle.
When billing commences for Monthly Membership, you will be billed once a month for the service. Billing may either occur on the monthly anniversary of your enrollment or a pre-determined monthly cycle. This will continue in perpetuity until service is canceled by either the member or EVERYBODYSAFE.COM, INC.
When billing commences for a Lifetime Membership, you will be billed for your one-time fee in advance and no reoccurring charges shall be applicable unless cancelled and renewed.
Refund Policy.
If you purchase a EVERYBODYSAFE.COM Membership and terminate your Service within the first thirty (30) days, your membership will be completely refunded. If you purchase an Annual Membership and terminate after the expiration of the initial thirty (30) days after your charge has been incurred, you will be charged for the pro-rated number of days for which you had service in that billing cycle, and will receive a credit for the remaining balance. No refunds will apply to Lifetime Memberships upon cancellation after the expiration of the initial thirty (30) days after the charge has been incurred.
Credit Card Authorization.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize EVERYBODYSAFE.COM, INC. to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize EVERYBODYSAFE.COM, INC. and/or any other company who bills products or services, or acts as billing agent for EVERYBODYSAFE.COM, INC. to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide EVERYBODYSAFE.COM, INC. with updated credit card information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither EVERYBODYSAFE.COM, INC., EVERYBODYSAFE.COM nor any EVERYBODYSAFE.COM, INC. affiliated companies will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at EVERYBODYSAFE.COM, INC. option, to the account number provided for such automatic payment or electronic funds transfer plan.
Method of Payment.
Your basic membership fees may be billed to your EVERYBODYSAFE.COM billing account or charged to a charge card or a credit card. Additional fee services that are not included with your basic membership fee will be charged to your charge card, credit card or debit card. By authorizing EVERYBODYSAFE.COM, INC. to charge a credit card, debit card or charge card debit your account at your financial institution, or bill charges to your EVERYBODYSAFE.COM billing account, you are authorizing EVERYBODYSAFE.COM, INC. or its respective designated representatives or agents to automatically continue charging that card (or any replacement or assignment card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs EVERYBODYSAFE.COM, INC. of such new replacement card account), financial account, or billing account for all fees and charges associated with your membership.
Advance Payments And/Or Deposits.
We may require you to make deposits or advance payments for Service, which we may use to satisfy your initial bill for Service, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate.
Other Charges; Failure to Pay.
In the event you fail to pay charges, EVERYBODYSAFE.COM, INC. is unable to bill you, or EVERYBODYSAFE.COM, INC. is unable to bill outstanding sums for the Service to your credit card or apply to a deposit or advance payment; EVERYBODYSAFE.COM, INC. reserves the right to bill outstanding sums to your credit card or to your EVERYBODYSAFE.COM billing account or to send an invoice directly to you. EVERYBODYSAFE.COM, INC. may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse EVERYBODYSAFE.COM, INC. for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as fees assessed against you or EVERYBODYSAFE.COM, INC. on the charges and all late payment or other fees as stated on your bill. You will also be charged a fee for any check returned to EVERYBODYSAFE.COM, INC. relating to the Service. EVERYBODYSAFE.COM, INC. may modify its billing practices or late payment charges by providing you with prior written notice of the modification.
Service Suspension/Termination.
Your service may be suspended or terminated if your payment is past due, if you violate the Acceptable Use Policy; or if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow EVERYBODYSAFE.COM, INC. to bill you for Service. Billing will continue while you have suspended service.
Fees & Charges.
EVERYBODYSAFE.COM, INC. may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. These new fees or charges will be implemented at the commencement of the next billing cycle after the change is effective. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in U.S. Dollars.
Bill Inquiries.
If you believe you have been billed in error for the Service, please notify us within sixty (60) days of the billing date by contacting Customer Service about the error. EVERYBODYSAFE.COM Customer Service can be reached at (800)399-0295. EVERYBODYSAFE.COM, INC. will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.
Cancellation.
You may purchase a EVERYBODYSAFE.COM Membership and terminate your Service within the first thirty (30) days and be entitled to a complete refund of your membership. However, if you purchase an Annual Membership and cancel said membership after the expiration of the initial thirty (30) days after your charge has been incurred, you will be charged for the pro-rated number of days for which you had service in that billing cycle, and will receive a credit for the remaining balance. No refunds will apply to Lifetime Memberships upon cancellation after the expiration of the initial thirty (30) days after the charge has been incurred.
Free Trials.
If you are a Member who has enrolled in the Service as part of a "FREE" trial offer, please note that unless otherwise indicated by the specific offer, your free trial time must be used within one month of your enrollment in the Service. To avoid being charged for additional service, you must cancel your membership before the end of that first month by calling the telephone number provided with the offer or (800)399-0295. You are responsible for telephone company charges to access the Service during the "FREE" trial period.
Telecommunication Charges.
You are responsible for purchase and payment of network services (transport) needed for use of the Service. Any long distance, measured service or toll charges incurred by you to dial into the Service during your use of the Service will be your sole responsibility.
9. MEMBER CONDUCT
You agree that you will NOT use the Service to:
Falsely or inappropriately alert, alarm, or excite receivers as prohibited by federal law;
Upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including but not limited to EVERYBODYSAFE.COM, INC. or EVERYBODYSAFE.COM personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available 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 or hardware or telecommunications equipment;
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;
intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or
ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; or
collect or store personal data about other users without authorization.
Attempts to Break Security.
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these TOS, and such breach may result in suspension or termination of the Service and possibly referral to law enforcement authorities. Unauthorized access to the Service, restricted portions of the Service or the telecommunications or computer facilities used to deliver the Service is a breach of these TOS whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Service, including Public Use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.
10. INTERSTATE and INTERNATIONAL NATURE OF COMMUNICATIONS ON EVERYBODYSAFE.COM AND EVERYBODYSAFE.COM NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, uploading photos and files, and other Internet activities), you will be causing communications to be sent through EVERYBODYSAFE.COM's computer networks, portions of which are currently located in the United States and portions of which are located abroad. As a result, and also as a result of EVERYBODYSAFE.COM's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate and international data transmissions.
11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Assumption of Risk.
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EVERYBODYSAFE.COM, INC., are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the Service. EVERYBODYSAFE.COM, INC. does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable; and you may be exposing others to Content that others find objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you and/or the recipient of Service may not rely on any Content submitted to or transferred by EVERYBODYSAFE.COM, INC. on your behalf.
Limitation of Liability.
Under no circumstances will EVERYBODYSAFE.COM, INC. be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Service.
Removal of Content.
You acknowledge that EVERYBODYSAFE.COM, INC. does not pre-screen Content uploaded or transmitted via the Service. Without limiting the foregoing, EVERYBODYSAFE.COM, INC. will have the right to remove any Content that violates these TOS or is otherwise objectionable.
Preservation of Content.
You acknowledge and agree that EVERYBODYSAFE.COM, INC. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EVERYBODYSAFE.COM, INC. and EVERYBODYSAFE.COM, its users and the public.
For more information, see http://www.everybodysafe.com/privacypolicy.aspx
Changes to Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; (b) changes to conform and adapt to applicable security requirements; and/or (c) changes to conform and adapt to technical requirements of connecting networks or devices.
Grant of License.
EVERYBODYSAFE.COM, INC. does not claim ownership of Content you submit on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant EVERYBODYSAFE.COM, INC. the following world-wide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available upon a condition precedent (ie: emergency activation of your EVERYBODYSAFE.COM Membership ID in the system), you grant EVERYBODYSAFE.COM, INC. the license to use, distribute, and publicly display such Content to the recipient of the Service solely for the purposes of providing the specific Service which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or EVERYBODYSAFE.COM, INC. removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your EVERYBODYSAFE.COM Membership ID in the system), you grant EVERYBODYSAFE.COM, INC. the license to use, distribute and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you or EVERYBODYSAFE.COM, INC. removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available upon a condition precedent (ie: emergency activation of your EVERYBODYSAFE.COM Membership ID in the system), you grant EVERYBODYSAFE.COM, INC. the perpetual, irrevocable and fully sub-licensable license to use, distribute, modify, adapt, publish, translate, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Condition Precedent.
"Condition Precedent” shall be deemed an event that requires the action of emergency responders, friends, family, teachers, employers, care providers and others as the case may be to alert your designated contacts or intended recipient as you desire and specifically elect.
13. INDEMNITY
You agree to indemnify and hold EVERYBODYSAFE.COM, INC. and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS or your violation of any rights of another.
You acknowledge that you are responsible for all use of the Service using your account, including use by your Sub Accounts and Account Users, and that these TOS, the Acceptable Use Policy and Privacy Policy, as amended from time to time, apply to any and all usage of your account, including use by your Sub Accounts and Account Users. You agree to abide by these terms and you agree to defend, hold harmless and indemnify EVERYBODYSAFE.COM, INC. from and against any and all claims stemming from usage of this account and any Sub-Account - whether or not such usage is expressly authorized by you.
14. RESTRICTIONS ON USE AND PROHIBITION OF RESALE
No Resale.
The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application. All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of EVERYBODYSAFE.COM, INC.
Restricted Use.
You agree not to permit anyone other than your Account User to use your Member Account and that each Sub Account may only be used by one member of your household or business, as applicable.
15. GENERAL PRACTICES REGARDING USE
Disconnection.
EVERYBODYSAFE.COM, INC. may automatically disconnect your session for a period of inactivity, which period will be within EVERYBODYSAFE.COM, INC. sole discretion.
General Practices & Limits.
You also acknowledge that EVERYBODYSAFE.COM, INC. may establish general practices and limits concerning use of the Service, including without limitation, limiting the maximum size and quantity text of transmission, the maximum size and quantity of email messages that may be sent from an Account on the Service; and the maximum disk space that will be allotted on the EVERYBODYSAFE.COM, INC. network on your behalf. You agree that EVERYBODYSAFE.COM, INC. shall have no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Service, or for other Content maintained or transmitted by the Service. You acknowledge that EVERYBODYSAFE.COM, INC. reserves the right to log-off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that EVERYBODYSAFE.COM, INC. reserves the right to change these general practices and limits at any time without advance notice.
16. MODIFICATIONS TO SERVICE
EVERYBODYSAFE.COM, INC. reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Should the technology become available, EVERYBODYSAFE.COM, INC. and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the Service for which you signed up. Without limiting the foregoing, EVERYBODYSAFE.COM, INC. may post, or email, notices of changes in the Service. It is your responsibility to check our website and your email address provided to EVERYBODYSAFE.COM, INC. for any such notices. You agree that EVERYBODYSAFE.COM, INC. will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
17. TERM AND TERMINATION
Termination for Cause.
EVERYBODYSAFE.COM, INC. may immediately terminate all or a portion of your membership or suspend any or all individual Member's access to all or a portion of the Service, without notice, for conduct that EVERYBODYSAFE.COM, INC. believes is: (a) illegal, fraudulent, harassing or abusive; (b) a violation of these TOS, any policies or guidelines posted by EVERYBODYSAFE.COM, INC. on the Service; or (c) harmful to other users, Members, third parties or the Service. If EVERYBODYSAFE.COM, INC. has terminated or suspended a portion but not all of your Service for the foregoing reasons, you will nevertheless be responsible for the all charges for the Service through the date of termination. Use of a membership for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to the Member. Upon termination of your membership by EVERYBODYSAFE.COM, INC. for any of the above-mentioned reasons, you will not establish a new membership with EVERYBODYSAFE.COM, INC. for a period of not less than five (5) years from the date of termination. Upon termination of your membership, EVERYBODYSAFE.COM, INC. will have no obligation to notify any third parties nor will EVERYBODYSAFE.COM, INC. be responsible for any damages that may result or arise out of termination of your membership.
Third Party Termination.
If you have obtained the Service from a third party, your right to use the Service may be cancelled or suspended by such third party without notice from EVERYBODYSAFE.COM, INC..
Use Limitation.
EVERYBODYSAFE.COM, INC. reserves the right to suspend or terminate your Service or to suspend or terminate any EVERYBODYSAFE.COM Membership Account used by you in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff; (ii) is fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; ;(iv) violates the resale or restrictions on use provisions of this agreement or any other EVERYBODYSAFE.COM, INC. policy, which may be amended from time to time, interferes with other Members' use and enjoyment of the Services provided by EVERYBODYSAFE.COM, INC..
Termination - Legal Event.
In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes EVERYBODYSAFE.COM, INC. to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations and orders, EVERYBODYSAFE.COM, INC. may suspend or terminate the Service, or terminate these TOS without liability. In the event EVERYBODYSAFE.COM, INC. cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such ruling, regulation or order; EVERYBODYSAFE.COM, INC. may thereafter permanently terminate the Service and/or these TOS without liability.
Termination - Sub-contractor or Vendor Event.
In the event a EVERYBODYSAFE.COM, INC. subcontractor or vendor for the material features of the Service stops providing the Service (or any material features thereof) to EVERYBODYSAFE.COM, INC. for any reason, EVERYBODYSAFE.COM, INC. will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event that EVERYBODYSAFE.COM, INC. cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, EVERYBODYSAFE.COM, INC. may thereafter permanently terminate the Service and/or these TOS without liability.
Termination for Default.
If you fail to pay any charge when due or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow EVERYBODYSAFE.COM, INC. to bill you for the Service, and such condition continues un-remedied for thirty (30) days, you will be in default and EVERYBODYSAFE.COM, INC. may suspend or terminate your Service and your EVERYBODYSAFE.COM Account. Upon termination of the Service, your EVERYBODYSAFE.COM Membership ID and Account will be permanently lost after the expiration of the cancellation period which is ninety (90) days from cancellation.
Term and Termination for Convenience.
You agree to the specified term set forth in the promotional offer under which you purchased the Service. In the absence of a specified term, the term for your Service will be year-to-year. At the end of the promotional term, the Service shall convert to a year-to-year term at the then-current annual rates.
Contacts to Terminate Service:
Should you elect to cancel your Account, you may effectuate this by following the “Contact Us” link at www.everybodysafe.com or contacting us at:
Access to EVERYBODYSAFE.COM After Termination.
Upon termination of your Service, you will no longer have access to the EVERYBODYSAFE.COM Service using your EVERYBODYSAFE.COM Membership ID. If you combined your EVERYBODYSAFE.COM Account with another EVERYBODYSAFE.COM Membership ID or Account, after termination of the Service you will not be able to access the EVERYBODYSAFE.COM Account, but only the Sub Accounts provisioned, under your combined EVERYBODYSAFE.COM Membership Account (your EVERYBODYSAFE.COM Membership ID will be closed automatically no fewer than ninety (90) days after your Service account termination). If you did not combine a EVERYBODYSAFE.COM Membership ID with your EVERYBODYSAFE.COM Membership Account, after termination of the Service you will be given the option to transfer some of your Member account information (e.g. email, calendar, address book, date) to an existing or a new EVERYBODYSAFE.COM Account. For at least ninety (90) days after termination of the Service, you will be given the option to close your EVERYBODYSAFE.COM Membership ID and, if applicable, to transfer certain account information to a new EVERYBODYSAFE.COM Membership ID at any EVERYBODYSAFE.COM "log-in" opportunity (including, http://www.everybodysafe.com <http://www.everybodysafe.com/> ) using your EVERYBODYSAFE.COM Membership ID. For users with a combined EVERYBODYSAFE.COM Membership Account, once your EVERYBODYSAFE.COM Member Account is closed you may use your EVERYBODYSAFE.COM Membership ID to access the EVERYBODYSAFE.COM Account provisioned under the combined EVERYBODYSAFE.COM Account. For users with no combined EVERYBODYSAFE.COM Member Account and just a EVERYBODYSAFE.COM Membership ID, if you fail to transfer your Member account information, you will no longer be able to access any of your Member account information after ninety (90) days from cancellation.
Note: Sub-Accounts may be able to be accessed by the Account Holder even after the primary Member Account is closed.
Retention.
EVERYBODYSAFE.COM, INC. has no responsibility for retaining or delivering Services for the Member Account at the time of that Member's suspension, termination, or cancellation. After a Member's suspension, termination or cancellation, EVERYBODYSAFE.COM, INC. has no responsibility for retaining any data with respect to such Member Account.
18. DEALINGS WITH THIRD PARTIES
Third Parties.
If you are receiving Service as part of an agreement between you and a third-party whom EVERYBODYSAFE.COM, INC. has authorized to distribute or resell all or a portion of the Service, EVERYBODYSAFE.COM, INC. is not responsible for or bound by the terms of any agreement you may have with that third-party.
19. LINKS
The Service or third parties may provide links to other World Wide Web sites or resources. Because EVERYBODYSAFE.COM, INC. has no control over such sites and resources, you acknowledge and agree that EVERYBODYSAFE.COM, INC. is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EVERYBODYSAFE.COM, INC. will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. EVERYBODYSAFE.COM, INC. PROPRIETARY RIGHTS AND THIRD PARTIES
No Conveyance.
Nothing contained in these TOS may be construed to convey to you any interest, title, or license in the EVERYBODYSAFE.COM, INC. or EVERYBODYSAFE.COM Membership ID used by you in connection with the Service.
Acknowledgment of Third-Party Rights.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EVERYBODYSAFE.COM, INC. or advertisers; you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part without authorization of EVERYBODYSAFE.COM, INC..
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVERYBODYSAFE.COM, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EVERYBODYSAFE.COM, INC. AND EVERYBODYSAFE.COM, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, EVERYBODYSAFE.COM, INC. DOES NOT WARRANT THAT YOU OR YOUR INTENDED RECIPIENT WILL ALWAYS RECEIVE EMAILS OR TEXTS UPON A CONDITION PRECEDENT), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE RECIPIENT OR INTENDED USER WILL UTILIZE THE SERVICE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL TO YOUR COMPUTER OR EVERYBODYSAFE.COM ACCOUNT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERYBODYSAFE.COM, INC. OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMPUTER PORTION OF THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERYBODYSAFE.COM, INC. NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVERYBODYSAFE.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY UTILIZING (OR NOT UTILIZING AS THE CASE MAY BE) THE SERVICE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE.
YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EVERYBODYSAFE.COM, INC. OR EVERYBODYSAFE.COM IN CONNECTION WITH THE SERVICE IS THE CANCELLATION OF YOUR MEMBERSHIP AS PROVIDED IN THESE TOS. THE MAXIMUM LIABILITY OF EVERYBODYSAFE.COM, INC. OR EVERYBODYSAFE.COM IN THE EVENT OF LIABILITY BY EVERYBODYSAFE.COM, INC. IS A REFUND OF YOUR MEMBERSHIP FEE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.
24. NOTICE
Unless otherwise specified in these TOS, notices to you may be made via either email, telephone, text messaging or regular mail. EVERYBODYSAFE.COM, INC. may also provide notices of changes to these TOS or other matters by sending email, displaying notices or links to notices to you generally on the Service, or by posting material on the “Policy Updates” link at http://www.everybodysafe.com . It is your responsibility to check the EVERYBODYSAFE.COM website and your EVERYBODYSAFE.COM email for such notices.
Unless otherwise specified in these TOS, notices by Members to EVERYBODYSAFE.COM, INC. must be given by calling: (800)399-0295
LEGAL NOTICES must be given by letter delivered by first class US mail to EVERYBODYSAFE.COM, INC., LLC, 383 Center St, Suite A, Grayslake, IL 60030 USA
25. TRADEMARK INFORMATION
EVERYBODYSAFE.COM, INC. and EVERYBODYSAFE.COM, EVERYBODYSAFE.COM, INC. and EVERYBODYSAFE.COM logo (copyright), EVERYBODYSAFE.COM, INC. (in Chinese Characters), TR