PART A. - PURPOSE.
Welcome to Empowered Safety, LLC. We are an online subscription service designed to provide information on goods, products, and other services concerning children and family safety. Before using our Services, please review this document, especially our disclaimers on warranties and liabilities, and limitations on damages (as provided in Part C). We encourage you to regularly review our Terms as they are subject to change.
PART C. - USE AND SERVICES.
- DEFINITIONS. (a) "Provider," "us," and "we" all refer to Empowered Safety, LLC, as the owner of the Web Site and Services.
(b) "Subscriber" and "Subscribers" include you and any person authorized by you to access our Services through your registered account.
(c) "Services" includes all content disseminated by Provider, including dissemination by e-mail and through our Web site, as well as any functionality of the Dashboard.
(d) "Dashboard" refers to the online user interface available to Subscribers upon accessing their registered account and through our Web site.
(e) "Terms and Conditions" and "Terms" refer to all provisions in Parts A, B, and C.
(f) "Web site" refers to all Internet domains owned by Provider.
(g) "Content" refers to information of any kind and by any form (including opinion, advice, graphical depiction, and other material) and made by any person (including Subscribers and third parties).
(h) "Children," "child," "your children" and "your child" all refer to (1) any natural person under the age of 18, (2) registered with us and by the Subscriber, (3) whose individual safety and wellbeing are a concern of the Subscriber, and (4) without distinguishing any type of relationship with the Subscriber (by way of example only, whether an adopted child, stepchild, grandchild, niece, nephew, neighborhood child, or child known through babysitting, child care, sports or other forms of recreation).
- MODIFICATION OF TERMS OTHER THAN FEES AND CHARGES. Except as provided elsewhere on fees and charges, Empowered Safety, LLC, reserves the right to modify or change the Terms and Conditions at any time and in its sole discretion. The most recent version of the Terms and Conditions supersedes all prior versions and may be found on our Web site.
- MODIFICATION OF FEES AND CHARGES; NOTICE TO SUBSCRIBERS. Empowered Safety, LLC, reserves the right to modify the prices and charges for its Services, at any time in its sole discretion, if notice by e-mail is submitted to Subscribers 30-days in advance. You further agree that the amount charged monthly may vary by Subscriber account due to the applicability of certain sales tax, promotional offers, or changes in subscription plans.
- NATURE OF SERVICES IN GENERAL. The nature of our Services is the compilation and transmission of content concerning products and services that affect child and family safety. We neither endorse content nor author content in any way. Our preparation of content is only for the convenience of electronic dissemination. We do not provide editing services.
- DISCLAIMER OF WARRANTY AND LIABILITY IN GENERAL. Your use of and reliance on any content transmitted through our Services is entirely at your own risk and for which we are not liable. It is your own responsibility to determine whether your reliance on any such content is appropriate for you or for your children or your family.
- DISCLAIMER OF WARRANTIES AND LIABILITIES IN PARTICULAR.
(a) IN GENERAL. Except as otherwise required by law, under no circumstance will Provider be liable for any loss (or damage) as provided in this Paragraph.
(b) ALL CONTENT "AS IS" AND WITHOUT WARRANTY OF MERCHANTABILITY. All content disseminated by our Services and concerning various child and family products and child and family services are provided "AS IS" and without warranties of any kind (express or implied). Because we do not manufacture or sell any such products and services, we specifically disclaim any warranties of MERCHANTABILITY and fitness for a particular purpose, title, non-infringement, security and accuracy.
(c) NO WARRANTY ON CURRENCY OR COMPLETENESS OF CONTENT. Provider does not warrant or represent that the content disseminated by our Services is up-to-date or complete. Provider is under no obligation to update content, even though Provider may improve (or change) such content at any time and without notice. Subscriber specifically waives any theory (in contract or tort) of negligent compilation of content (whether by action or omission).
(d) NO WARRANTY AGAINST INTERRUPTION OF SERVICES. Provider cannot and does not guarantee continuous and uninterrupted Services and secure access to our Web site.
(e) NO LIABILITY FOR SUBSCRIBER-GENERATED CONTENT. Provider does not endorse and is not responsible for the accuracy (or reliability) of content submitted by Subscribers. Furthermore, Subscribers are personally liable for any defamatory material made by them.
(f) NO LIABILITY FOR THIRD-PARTY CONTENT. Provider does not endorse and is not responsible for the accuracy (or reliability) of content by third parties. Our Services include the transmission of third-party content either by links (and "inverse" hyperlinks and framing technology for "linked Sites") to other Web Sites or by e-mail dissemination. Provider has no discretion to alter, update, or control such content. The fact that Provider has transmitted a link is not an endorsement, authorization, sponsorship, or affiliation with respect to that Web site, or its owners or providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on linked Sites.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. You agree that Provider (and its respective officers, directors, employees, and agents) will not be liable for consequential damages (including lost profits or lost opportunity) arising out of (or in connection with) the dissemination of content or the delay of (or inability to use) our Services, even if Provider is made aware of the possibility of such damages.
- INDEMNITY AND LIMITATION ON LIABILITY FOR ACCOUNT SECURITY.
(a) IN GENERAL. It is your obligation to use ordinary prudence to maintain and control the security over your account (including the security of your user name and password). You are exclusively responsible for all activities that occur in connection with your user name and password.
(b) INDEMNITY. You agree to immediately notify Empowered Safety, LLC, of any unauthorized uses of your user name and password or any other breaches of security. It is your responsibility to inform a customer care representative should you believe you are the victim of identity theft or other unauthorized access to your account. There is no assumption by us of your responsibility to notify your Credit Card Company, bank and local law enforcement agency of any identity theft.
(c) LIMITATIONS ON LIABILITY. Empowered Safety, LLC, will not be liable for any loss (or damages of any kind) and under any legal theory, where (1) caused by your failure to comply with the foregoing, or (2) caused by any person to whom you grant access to your account, or (3) caused by hackers or computer viruses (including worms and malware) and beyond the reasonable control and ordinary care of Empowered Safety, LLC.
- ELIGIBILITY OF SUBSCRIBERS. You may register to obtain a subscription with Empowered Safety, LLC, online subscription only if you are over the age of eighteen (18) and capable of entering into contracts.
- BILLING DATE. The date that you register an account with us is the billing date, and your monthly payment is chargeable at any time on that date.
- PROPER USE OF SERVICES BY SUBSCRIBERS; TERMINATION FOR IMPROPER USE.
(a) IN GENERAL. Your behavior under this Paragraph may result in the termination of your subscription with Empowered Safety, LLC.
(b) IMPROPER DISTRIBUTION OF CONTENT. The content transmitted by our Services is only for your personal, non-commercial use and may not be distributed to others, except as allowed through the Dashboard. For purposes of this Paragraph, "distributed" means printing, modifying, copying, transmitting electronically, displaying, selling, licensing, or creating derivative works from such content, or using such content for commercial purposes; but "distributed" does not include orally reciting such content to others.
(c) INACCURATE OR OUTDATED BILLING INFORMATION. You must ensure that all personal, billing, and payment information provided to us is up-to-date and accurate. Failure to update and correct inaccurate (or outdated) billing information will result in the immediate termination of Services. You may find the specific details regarding your subscription with Empowered Safety, LLC, by signing into your account.
(d) INFRINGEMENT OF INTELLECTUAL PROPERTY. The trademarks, logos, and service marks ("Marks") disseminated through our Services (or otherwise displayed on our Web site) are the property either of Empowered Safety, LLC, or of other parties. You are prohibited from using any Marks for any purpose (including metatags on other pages or sites on the World Wide Web) and without the written permission of Provider or such other party that may own the Marks.
(e) OTHER ILLEGAL AND HARMFUL PURPOSES. Your use of our Web site and Services cannot be used for any other illegal or harmful purpose, or other uses that cause (or likely will cause) harm to the business reputation of Empowered Safety, LLC, as determined by us and in our sole discretion.
- SUBMITTING COMPLAINTS TO SUBSCRIBER. Empowered Safety, LLC, respects the intellectual property rights of others. If you believe that the content disseminated through our Services (or displayed on our Web site) are infringing upon another's copyright, trademark, or other intellectual property rights, then you may notify us through the contact information provided on our Web site.
- SUBSCRIBER-GENERATED CONTENT. While we encourage you to provide feedback, comments, and questions, it is possible that we may not be able to respond to each one. You are responsible for messages, materials, and the content of all submissions and it is your responsibility to ensure any said message is accurate, reliable, original and does not infringe upon the intellectual property rights of others. Further, Empowered Safety, LLC shall own all rights and interest in any material sent to us.
- DURATION OF SUBSCRIPTION; MONTHLY PAYMENT. Subscription with Empowered Safety, LLC, is ongoing and continues until you cancel your subscription or it is terminated by us. You agree that Empowered Safety, LLC, is authorized to charge a monthly subscription fee of the current rate at the time of payment (plus any additional tax or charges). Your subscription fee shall be automatically charged using the payment method provided during your registration. Failure to update your payment information does not relieve you from your obligation to pay under this Agreement.
- PAYMENTS ARE NON-REFUNDABLE; NO CREDITS FOR PARTIAL MONTHS. Payments made to Empowered Safety, LLC, are NONREFUNDABLE and NO REFUNDS OR CREDITS FOR PARTIAL MONTHS WILL BE MADE. Empowered Safety, LLC, reserves the right to issue a credit, refund, bonus or other valuable goods and/or services at any time in its sole discretion and the issuance of such credit or refund shall not affect the enforceability of our general policy against refunds.
- FREE TRIAL PERIOD. A free trial may be provided to new Subscribers. The free trial lasts for two-weeks (unless otherwise indicated upon registration). To use our Services, you must have access to the Internet and an e-mail address, and provide a valid payment option. Free trials may not be combined with any other offer. Individuals and household members who had a subscription with us and within the past twelve (12) months are ineligible for any free trial. You will be billed the monthly subscription fee (plus any taxes and other charges) at the end of the free trial period, unless you properly cancel your subscription, at least, one day prior to the billing date. Further, at the time of registration for the free trial, your credit card will be authorized for the one-month subscription fee (plus any taxes or other charges), but your payment method will not be charged if you properly cancel your subscription one day prior to the billing date.
- SUBSCRIBER'S RIGHT TO CANCELLATION. You have the right to cancel your subscription at any time and for any reason, and such cancellation will be effective immediately. Additional information on how to cancel your subscription may be found after logging into your registered account through our Web site.
- SUBSCRIBERS ARE CUSTOMERS ONLY. Our Terms and Conditions are not intended to create an agency relationship, joint venture, or partnership for any purpose. Our Subscribers are customers only.
- SEVERABILITY. If any provision in our Terms and Services are deemed invalid or unenforceable, then the offending provision may be judicially stricken without affecting the validity and enforceability of other provisions.
- CHOICE OF LAW. Our Terms and Conditions are governed by the laws of Delaware and of the United States of America, and without regard to conflicts of law principles.
- CHOICE OF FORUM. It is agreed that state courts situated in New York City and federal courts situated in the U.S. District Court for the Southern District of New York are the exclusive judicial forums for any disputes and actions concerning our Terms and Conditions, unless Provider both consents to a different forum and in a writing other than a pleading or motion.
- SUBMISSION TO PERSONAL JURISDICTION. For purposes of our Terms and Conditions only, you agree to submit to the personal jurisdiction of courts situated in Delaware and New York and hereby waive the defense of lack of personal jurisdiction.
- RECOVERY OF ATTORNEY'S FEES IN LITIGATION; WAIVER OF CLASS ACTIONS. The prevailing party of any such dispute or action (whether the Subscriber or Provider) is entitled to recover reasonable attorney's fees and court costs. You further agree to waive any right to seek class action certification.