Terms of Use

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, INCLUDING THE ARBITRATION PROVISIONS OF SECTION 12, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE SAFEOPT PRIVACY POLICY.

a. License Grant

Subject to these Terms, SafeOpt hereby grants to you a personal, nonexclusive, revocable, limited, non-transferable, non-sublicensable license to allow you to use the Services, including the right to personal use of any offer code or discount code sent to you as part of the Services. You are not licensed to redistribute or publish the Services, including any offer code or discount code, whether for commercial or personal purposes. Your rights in the Services will be limited to the limited license expressly granted in this Section. SafeOpt reserves all rights and licenses in and to the Services not expressly granted to you under these Terms.

The Services may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Services. You grant to us a royalty-free, fully-paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction.

We may change, suspend, discontinue, or restrict your access to the Services or any part of it at any time. You are prohibited from: (a) using our Services, including its services and/or tools, if you are temporarily or indefinitely suspended from using our Services; (b) seeking to collect information about users through the Services in an unauthorized manner or seek to circumvent security controls on the Services; (c) taking any action that may damage the Services or our systems; (d) misrepresenting or in any other way falsely identifying your identity or affiliation, including through impersonation or altering any technical information in communications using the Services; (e) attempting to gain unauthorized access to the Services, SafeOpt customers’ computer systems or networks using the Services through any means; (f) interfering with another person’s use of the Services; (g) removing, deleting, altering, or obscuring any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (h) distributing or redistributing offer codes commercially; or (i) removing, disabling, circumventing, or otherwise creating or implementing any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services. 

Amendments to these Terms of Use can be made and effected by us from time to time without specific notice. Posting an updated version on the Site shall be deemed to be notified of these Terms of Use, and you should carefully review them from time to time for updates before you use our Services. We may assign our rights under these Terms of Use or the Services to anyone at any time.

By registering for our Services or setting up an user account to access our Services, you represent and warrant that all information you submit to us is true, accurate, current, and complete and that you will promptly notify us in writing if your information changes. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us. Creating a user account may be required to receive certain of our Services. Please notify us right away of any unauthorized activity. 

These Terms of Use will remain in full force and effect while you use the Services, and afterward with respect to any surviving rights or obligations or yours or ours. You are free to discontinue using the Services (“Unsubscribe”) at any time at your discretion at our Manage Preferences page by choosing to Unsubcribe after verifying your identity. Notwithstanding the cease of use of our Services, the provisions of Section 12 covering arbitration, jurisdiction and choice of law shall survive the termination.

SafeOpt may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it determines that you have engaged in any conduct or activities that SafeOpt in its reasonable discretion believes violates the letter or spirit of any of these Terms of Use. 

In the event that these Terms of Use or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms of Use. Following termination, you shall immediately cease use of the Services and any license or rights granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, SafeOpt reserves the right to delete all of your Content, data, and other information stored on SafeOpt’s servers. SafeOpt will not be liable to you or any third party as a result of the termination of these Terms of Use or the Services or for any actions taken by SafeOpt pursuant to these Terms of Use as a result of such termination. Without limiting the generality of the foregoing, SafeOpt will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICES OPERATES UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE THE SERVICES OR ANY PART OF IT AT ANY TIME. THE INFORMATION, CONTENT, AND SERVICES ON THE SERVICES, INCLUDING ANY APPLICATIONS AND WIDGETS, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY GUARANTEES THAT YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES AND SITE CONTENT IS AT YOUR OWN RISK.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY, DEATH, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES; OR (II) ANY AMOUNTS IN EXCESS OF THE GREATER OF: (A) $100 OR (B) THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby agree to indemnify and hold SafeOpt and its directors, officers, members, employees, and agents harmless from all claims, damages, liabilities, actions, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (i) your use or misuse of the Services or any application or widget; (ii) your violation of any applicable laws or rights of another; (iii) your negligent or more culpable conduct; or (iv) any violation of these Terms of Use. We may, at our own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this section without our prior written consent in our sole discretion. 

These Terms of use are governed by North Carolina law, without reference to its conflicts of laws principles. Any dispute, claim or controversy arising under these Terms of Use or in connection with or in relation to the Services, or your use of the Services (collectively, “Disputes”), shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Charlotte, North Carolina, in the English language and the arbitral decision may be enforced in any court. You hereby waive: (i) the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general; (ii) any claim of an inconvenient forum in Charlotte, North Carolina; and (iii) the right to recover indirect, consequential, special or punitive damages in connection with the use of the Services. All damages shall be limited to actual, out of pocket damages. Notwithstanding this arbitration provision, each party retains the right: (i) to bring an individual action in small claims court; (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, including without limitation a violation or threatened violation of the USE OF SERVICES section of these Terms of Use (the action described in the foregoing clause (ii), an “IP Protection Action”). SafeOpt reserves the right to seek injunctive or other relief in any court of competent jurisdiction as necessary to protect our rights. You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at help@SafeOpt.com or by regular mail to 15806 Brookway St. Suite 200, Huntersville, NC 28078 within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the County of Mecklenburg, State of North Carolina and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. 

Our failure to insist upon strict performance of any of the terms, conditions and covenants of these Terms of Use shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of such terms, conditions or covenants, which terms, conditions, and covenants shall continue to be in full force and effect.

b. Severability of Terms

In the event that any provision of these Terms of Use is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms of Use shall remain valid and enforceable according to its terms.

c. Electronic Notices and Disclosures

You acknowledge and agree that SafeOpt may provide notices and other disclosures to you electronically by posting such notices or other disclosures on SafeOpt’s website or by emailing it to you at any email address provided to SafeOpt by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

d. Amendment

No amendment to these Terms of Use by you shall be effective unless acknowledged in writing by SafeOpt. If any portion of these Terms of Use is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms of Use will otherwise remain in full force and effect. 

e. Assignment, Survival, Remedies

You may not assign your rights or obligations under these Terms of Use without the prior written consent of SafeOpt. Any sections which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms of Use, will survive the termination of these Terms of Use and termination of the Services. All headings included in these Terms of Use are included for convenience only, and shall not be considered in interpreting these Terms of Use. All rights and remedies available to SafeOpt, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to SafeOpt. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and SafeOpt, to claim a beneficial interest in these Terms of Use or any rights occurring by virtue of these Terms of Use. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms of Use.

If you have questions about these Terms of Use, please contact us by email at help@SafeOpt.com or our contact form.

https://www.SafeOpt.com/contact