Terms of Use
Safe Life Coalition
(Effective 4/01/2020)
1. Ownership of this Website and Your Acceptance of These Terms of Use
Safelifeproject.com is a research-based online program (“the Website”) developed by Stacey Hoffman and
Susan Whaley for Safe Life Coalition (“SLC”). The Website provides curriculum and educational materials
(“Products”) for use by teachers, family members and agencies to teach skills addressing physical, social and
emotional well-being of individuals, with a focus on individuals with disabilities, as well as workshops and
training services (“Services”).
Stacey Hoffman and Susan Whaley d.b.a. Safe Life Coalition own and operate this Website, which contains a link
to these Terms of Use. Your use of this Website is governed by these Terms of Use, and by accessing and
using our Website, you are agreeing to comply with and be bound by these Terms of Use. Do not use the
Website if you do not agree to these Terms of Use.
2. Your Acceptance of Our Privacy Policy
Please review our Privacy Policy before using our Website, By agreeing to these Terms of Use, you also
agree to the terms of our Privacy Policy which is expressly incorporated herein. All personal information that you
provide as a result of using our Website will be governed in accordance with our Privacy Policy.
3. Modifications to Terms of Use
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the
revised version of these Terms of Use on our Website. The effective date of the revised Terms of Use is the
date we post the revised version on our Website. Your use of our Website following any such modification
constitutes your agreement to be bound by the revised Terms of Use. We will provide a notice at the top of
these Terms of Use for a minimum of 30 days after the new effective date of the revised Terms of Use. You may
access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at
the bottom of each page of our Website.
4. Additional Terms May Apply to You
In addition, we may require you to follow additional rules, guidelines or other conditions to sign up to use various
special features or password-protected areas of our Website, to participate in certain promotions or activities
available through our Website, or for other reasons. In such cases, we may ask you to expressly consent to
these additional terms, for example, by checking a box or clicking on a button marked “I agree”–known as a
“click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these
Terms of Use, the terms of the click-through agreement will amend these Terms of Use,
5. Ownership of Our Website and License to Use Content
Our Website, including all of the software and code comprising or used to operate our Website, and all of the
curriculum, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and
other materials available on our Website, including without limitation content submitted by users of our Website
(collectively “Content”) are protected under applicable intellectual property and other laws, including without
limitation, the laws of the United States of America and international countries. All Content and intellectual
property rights to our Website are the property of SLC or used by SLC with permission of the owner of the
rights, and is protected under applicable copyright and trademark laws.
The presence of any Content on our Website does not constitute a waiver of any of our rights to such Content.
You do not acquire ownership rights to any Content viewed, or Products and Services purchased, through our
Website. Except as otherwise provided in these Terms of Use, none of this Content may be used, copied,
reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without
our express prior written permission.
Subject to the Terms of Use on this Website, SLC grants you a limited, non-exclusive, non-transferable, and
revocable license to use the Website and any services or products purchased through the Website. You grant to
SLC a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Content and
Website, any suggestion, improvement, request, recommendation, correction or other feedback provided by you
relating to the Website and the Products and Services offered on the Website.
Permission is hereby granted to the extent necessary to lawfully access and use our Website and to display,
download, or print portions of our Website on a temporary basis and for your personal, educational,
noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and
other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network
computer or broadcast the Content in any media.
6. Questions Regarding Our Terms of Use
If you have questions regarding these Terms of Use, please contact us by email at
contactus@safelifeproject.com or call as at (916) 996-2188 or (916) 718-2870.
7. Responsibility for User Generated Content Posted on our Website
In these Terms of Use, “User Generated Content” refers to all of the materials, text, photographs, images,
illustrations, graphics, sounds, video and audio-video clips, and other content you and others post on our
Website or through a link on our Website to third party sites, including without limitation Facebook, Instagram,
and Twitter, that does not constitute “Feedback”.
You are solely responsible for User Generated Content you post on or through our Website. Under no
circumstances will we be liable in any way for any User Generated Content posted to or through our Website.
Such User Generated Content may be posted on or accessed through our Website in our sole discretion.
This means that you, not SLC, are solely responsible for all User Generated Content that you post, upload,
transmit or otherwise make available to others using our Website or links to third-party sites through our
Website, and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or
that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User
Generated Content you submit is not your original work, it is you are responsibility for obtaining any necessary
permissions before you post that User Generated Content on or through our Website
Because we do not control the User Generated Content posted on our Website, we cannot and do not warrant
or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and
understand that by accessing our Website, you may encounter User Generated Content that you may consider
to be objectionable. We have no responsibility for any User Generated Content, including without limitation any
errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a
result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on
our Website, whether by us, individual users of the Website, or our third-party contractors or licensors. The
communications posted on our Website express the personal opinions of the individuals who posted them and
do not necessarily reflect the views of SLC, or any person or entity associated with SLC.
You own User Generated Content you submit, but we may use it. With the exception of Feedback, defined and
addressed below, to the extent your User Generated Content is copyrightable, you own the copyright in any
original work you post on or through our Website. We do not claim any copyrights in User Generated Content
created and posted by individual visitors to our Website, unless that User Generated Content constitutes
Feedback; however, by uploading, posting, transmitting or otherwise making any User Generated Content
available on or through our Website, you are granting us and our subsidiaries, affiliates, successors and
assigns, a nonexclusive, perpetual, irrevocable, worldwide, paid, royalty-free, transferable license (with rights to
sublicense and commercialize that User Generated Content in any and all media or form of communication
whether now existing or hereafter developed, without obtaining additional consent, without restriction,
notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
For this reason, we ask that you not send us any User Generated Content that you do not wish to license to us,
including any confidential information or product ideas. Please see our Privacy Policy for a description of how
we may use certain types of User Generated Content that you post on our Website.
We may disclose and/or remove User Generated Content. SLC reserves the right, but is not obligated, to
monitor all User Generated Content. SLC reserve the right to require that you avoid certain subjects to help
ensure compliance with applicable laws, and we reserve the right, but are not obligated, to remove any User
Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to
disclose any User Generated Content and the identity of the user who posted or transmitted that User
Generated Content in response to a subpoena or whenever we believe that disclosure is appropriate to comply
with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the
rights of SLC or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume
the obligation) to terminate your access to and use of any of our Website, or to censor, edit or block your
transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us
the owners of the User Generated Content, and the user who made such User Generated Content available on
the Website will retain ownership thereof as described above.
Restrictions on User Generated Content. As a condition of these Terms of Use, you agree that you will not:
a) Post, upload, transmit or make available on our Website:
- any User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic; profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- 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; or
- any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
c) violate any local, state, federal or international law, statute, or regulation.
By posting User Generated Content to our Website, you represent and warrant that (i) you own or otherwise
control all of the rights to the User Generated Content you post and have the right to grant the license set forth
in these Terms of Use; (ii) the User Generated Content you post is accurate; and (iii) you are at least eighteen
years old and you have read and understood ,and that your User Generated Content fully complies with, these
Terms of Use and applicable laws and will not cause injury to any person or entity.
You are legally responsible for your User Generated Content, and you can be held personally liable if your User
Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the
rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging
onto our Website using your username and password, including those doing so without your authorization.
8. Fee Based Content
Some of the Content on our Website require you to pay a fee, as described in the specific conditions included
where this Content is offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all
currency references are in U.S. dollars. We may, upon notice if 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. All fees and charges
are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
9. Your Feedback
In these Terms of Use, “Feedback” refers to information you submit to us through our Website that is specifically
about how we can improve our Website and the curriculum, information, and services we make available
through our Website. Although we do not claim ownership of User Generated Content you post on or through
our Website, the Feedback you provide to us through our Website will be assigned to us and remain our
exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title
and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.
We will be entitled to reduce to use, copy, disclose, display or perform publicly, distribute, improve and modify
any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any
way. Please do not send us any Feedback that you do not wish to assign to us.
10. Removal of Content
In general. If you believe Content on our Website violates your rights or is otherwise inappropriate and you want
us to remove it, you may be able to flag it. Otherwise, please contact us at the information above. While we do
not have any obligation to remove Content merely because of a removal request, we will review all such
requests and will remove Content that we determine should be removed, in our sole discretion and in
accordance with our Terms of Use, Privacy Policy, and applicable law.
Violation of copyrights. SLC does not knowingly violate or permit others to violate the copyrights of others. We
will promptly remove or disable access to material that we know is infringing or if we become aware of
circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our Website or has been otherwise copied and made available on our Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Email your notice to us at: contactus@safelifeproject.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
11. Trademarks
The SLC names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on our Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of SLC (the “SLC Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on our Website are the property of their respective owners. You are not authorized to display or use the SLC Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Website without the prior written permission of such owners. The use or misuse of the SLC Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. You may not use any trademark displayed on our Website as a link without the prior written approval of the trademark owner.
12. Your Obligations
In consideration of your use of our Website, you agree to provide true, accurate, current and complete
information about yourself. Your account, including your username and password, are personal to you and may
not be used by anyone else. You are responsible for maintaining the confidentiality of your password and
username and are fully responsible for all activities that occur under your password or username by you or by
anyone else using your username and password, whether or not authorized by you. You agree to change your
password immediately if you believe your password may have been compromised or used without authorization.
You also agree to immediately inform us of any apparent breaches of security such as loss, theft or
unauthorized disclosure or use of your username or password. Until we are so notified you will remain liable for
any unauthorized use of your account.
You agree to use our Website in a responsible, manner, consistent with any and all applicable laws and
regulations. You agree not to upload or transmit through our Website any computer viruses, trojan horses,
worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a
computer. Any unauthorized modification, tampering or change of any information, or any interference with the
availability of or access to our Website is strictly prohibited. We reserve all rights and remedies available to us.
13. Indemnification
You hereby agree to indemnify, defend and hold SLC and all of our owners, employees, agents, information
providers, affiliates, partners, and licensors (collectively, the “SLC Party(ies)”.) harmless from and against any
and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any SLC Party win regard to
any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy,
copyright infringement, or trademark infringement arising out of:
- Your use of our website;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized b you;
- The content, the quality, or the performance of content that you submit to our website;
- Your connection to our website;
- Your violation of these Terms; or
- Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate with our defense of these claims.
14. Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or untimely delivery of any
Content or Product or Service on our Website. We disclaim any responsibility for any harm resulting from
downloading or accessing any information, product, services or materials on the Internet using search results
from our Website. We disclaim any responsibility for, and if you subscribe to a fee-based Content module on our
Website, you will not be entitled to a refund as a result of any service outages that are caused by our
maintenance of the servers or the technology that underlies our Website, failures of our service providers
(including telecommunications, hosting, and power providers), computer viruses, natural disasters or other
destruction or damage of our facilities, acts of nature, war, pandemics, civil disturbance, or any other cause
beyond our reasonable control.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR WEBSITE OR ITS
CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR
WEBSITE. OUR WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT)
IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SLC, ITS
AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE,
CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH
RESPECT TO OUR WEBSITE, THEIR CONTENT, AND ANY CURRICULUM, PROGRAMS, PRODUCTS
OR SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY
OF OUR WEBSITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON OUR WEBSITE, OR TO
ANY SITES WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D)
THAT OUR WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, IT’S SERVER, OR ANY TRANSMISSIONS
SENT FROM US OR THROUGH OUR WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS
(INCLUDING VIRUSES).
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON
OUR WEBSITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE
ON OUR WEBSITE BY USERS OF OUR WEBSITE. USER GENERATED CONTENT DOES NOT IN ANY
WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OF SLC. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY
OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU
ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART
OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
15. Limitation of Liability
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to
country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations
and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and
exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of
Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights
as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for
fraudulent misrepresentation.
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT.
ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN
THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS
POST ON OR THROUGH OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE,
INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR
ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON OUR WEBSITE OR IN
CONNECTION WITH YOUR USE OF OUR WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR OWNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE
PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF
WHATEVER NATURE AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF
USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR
DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR ANY
WEBSITE WITH WHICH THEY ARE LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON OUR
WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR
DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF
LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS
($10.00).
16. Links to Websites Operated by Third Parties
Certain portions of our Website may be “powered by” third parties. In addition, our Website may provide links to
websites operated by third parties, including without limitation Facebook, Instagram, and Twitter. We are not
responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these
businesses or individuals or the accuracy or content of their sites. We do not assume any responsibility or
liability for the actions, product, and content of any such sites. Before you use any site, you should review the
applicable conditions of use and policies. The inclusion of a link in our Website does not imply our endorsement
of the site. If you access linked third-party websites, you do so at your own risk.
17. Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue,
temporarily or permanently our Website (or any portion thereof) and/or the information, materials, products
and/or services available through our Website (or any portion thereof) with or without notice. You agree that we
shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or
discontinuance of our Website.
18. Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right
provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in
writing. Unless the written waiver contains an express statement to the contrary, no waiver by SLC of any
breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of
any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right
under these Terms of Use.
19. Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such
provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the
fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and
effect.
20. Governing Law, Jurisdiction and Venue
These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of
law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued
exclusively in state or federal court in Sacramento County, California. You hereby irrevocably consent and
submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal
proceedings in any jurisdiction where we believe that infringement of his agreement is taking place or
originating.
21. Time Limitation for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of our Website, or these Terms of Service, must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
22. Alternative Dispute Resolution
Any dispute or claim arising out of or relating to these Terms or use of our Website will be resolved first by a
good-faith mediation, formal or informal, the cost of which shall be split equally by you and SLC. Should
mediation fail to resolve the dispute or claim, you and SLC agree to resolve the matter through binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except
for a petition for interim or preliminary relief or enforcement of an arbitration award, which may be brought
before a court of competent jurisdiction in Sacramento, California. Any such controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Sacramento, California, and judgment on the arbitration
award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or
preliminary relief from a court of competent jurisdiction in Sacramento, California, necessary to protect the rights
or the property of you or SLC (or its agents, suppliers, and subcontractors), pending the completion of
arbitration.
23. Notice
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our posting them on our Website or delivering them to you
through e-mail. You may update your e-mail address by visiting the Services where you have provided contact
information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
You have the right to request that we provide such notices to you in paper format, and may do so by contacting
us at contactus@safelifeproject.com or call as at (916) 996-2188 or (916) 718-2870.
24. Enforceability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
25. Entire Agreement
These Terms of Use (along with our Privacy Policy and any click-through agreements on our Website contain
the entire understanding and agreement between you and SLC with respect to our Website, and supersede all
previous communications, negotiations and agreements, whether oral, written, or electronic, between you and
SLC with respect to our Website and your use of our Website
1. Ownership of this Website and Your Acceptance of These Terms of Use
Safelifeproject.com is a research-based online program (“the Website”) developed by Stacey Hoffman and Susan Whaley for Safe Life Coalition (“SLC”). The Website provides curriculum and educational materials (“Products”) for use by teachers, family members and agencies to teach skills addressing physical, social and emotional well-being of individuals, with a focus on individuals with disabilities, as well as workshops and training services (“Services”).
Stacey Hoffman and Susan Whaley d.b.a. Safe Life Coalition own and operate this Website, which contains a link to these Terms of Use. Your use of this Website is governed by these Terms of Use, and by accessing and using our Website, you are agreeing to comply with and be bound by these Terms of Use. Do not use the Website if you do not agree to these Terms of Use.
2. Your Acceptance of Our Privacy Policy
Please review our Privacy Policy before using our Website, By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy which is expressly incorporated herein. All personal information that you provide as a result of using our Website will be governed in accordance with our Privacy Policy.
3. Modifications to Terms of Use
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use on our Website. The effective date of the revised Terms of Use is the date we post the revised version on our Website. Your use of our Website following any such modification constitutes your agreement to be bound by the revised Terms of Use. We will provide a notice at the top of these Terms of Use for a minimum of 30 days after the new effective date of the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking on the link marked “Terms of Use” at the bottom of each page of our Website.
4. Additional Terms May Apply to You
In addition, we may require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of our Website, to participate in certain promotions or activities available through our Website, or for other reasons. In such cases, we may ask you to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree”–known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will amend these Terms of Use,
5. Ownership of Our Website and License to Use Content
Our Website, including all of the software and code comprising or used to operate our Website, and all of the curriculum, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our Website, including without limitation content submitted by users of our Website (collectively “Content”) are protected under applicable intellectual property and other laws, including without limitation, the laws of the United States of America and international countries. All Content and intellectual property rights to our Website are the property of SLC or used by SLC with permission of the owner of the rights, and is protected under applicable copyright and trademark laws.
The presence of any Content on our Website does not constitute a waiver of any of our rights to such Content. You do not acquire ownership rights to any Content viewed, or Products and Services purchased, through our Website. Except as otherwise provided in these Terms of Use, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Subject to the Terms of Use on this Website, SLC grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website and any services or products purchased through the Website. You grant to SLC a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Content and Website, any suggestion, improvement, request, recommendation, correction or other feedback provided by you relating to the Website and the Products and Services offered on the Website.
Permission is hereby granted to the extent necessary to lawfully access and use our Website and to display, download, or print portions of our Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
6. Questions Regarding Our Terms of Use
If you have questions regarding these Terms of Use, please contact us by email at contactus@safelifeproject.com or call as at (916) 996-2188 or (916) 718-2870.
7. Responsibility for User Generated Content Posted on our Website
In these Terms of Use, “User Generated Content” refers to all of the materials, text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you and others post on our Website or through a link on our Website to third party sites, including without limitation Facebook, Instagram, and Twitter, that does not constitute “Feedback”.
You are solely responsible for User Generated Content you post on or through our Website. Under no circumstances will we be liable in any way for any User Generated Content posted to or through our Website. Such User Generated Content may be posted on or accessed through our Website in our sole discretion.
This means that you, not SLC, are solely responsible for all User Generated Content that you post, upload, transmit or otherwise make available to others using our Website or links to third-party sites through our Website, and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you submit is not your original work, it is you are responsibility for obtaining any necessary permissions before you post that User Generated Content on or through our Website
Because we do not control the User Generated Content posted on our Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing our Website, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content posted, e-mailed, transmitted or otherwise made available on our Website, whether by us, individual users of the Website, or our third-party contractors or licensors. The communications posted on our Website express the personal opinions of the individuals who posted them and do not necessarily reflect the views of SLC, or any person or entity associated with SLC.
You own User Generated Content you submit, but we may use it. With the exception of Feedback, defined and addressed below, to the extent your User Generated Content is copyrightable, you own the copyright in any original work you post on or through our Website. We do not claim any copyrights in User Generated Content created and posted by individual visitors to our Website, unless that User Generated Content constitutes Feedback; however, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through our Website, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, paid, royalty-free, transferable license (with rights to sublicense and commercialize that User Generated Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not send us any User Generated Content that you do not wish to license to us, including any confidential information or product ideas. Please see our Privacy Policy for a description of how we may use certain types of User Generated Content that you post on our Website.
We may disclose and/or remove User Generated Content. SLC reserves the right, but is not obligated, to monitor all User Generated Content. SLC reserve the right to require that you avoid certain subjects to help ensure compliance with applicable laws, and we reserve the right, but are not obligated, to remove any User Generated Content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any User Generated Content and the identity of the user who posted or transmitted that User Generated Content in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of SLC or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of any of our Website, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of the User Generated Content, and the user who made such User Generated Content available on the Website will retain ownership thereof as described above.
Restrictions on User Generated Content. As a condition of these Terms of Use, you agree that you will not:
a) Post, upload, transmit or make available on our Website:
- any User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic; profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain;
- 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; or
- any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
c) violate any local, state, federal or international law, statute, or regulation.
By posting User Generated Content to our Website, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content you post and have the right to grant the license set forth in these Terms of Use; (ii) the User Generated Content you post is accurate; and (iii) you are at least eighteen years old and you have read and understood ,and that your User Generated Content fully complies with, these Terms of Use and applicable laws and will not cause injury to any person or entity.
You are legally responsible for your User Generated Content, and you can be held personally liable if your User Generated Content is defamatory, obscene, or libelous, violates an obligation of confidentiality, or violates the rights of others. You are also legally responsible for any User Generated Content submitted by anyone logging onto our Website using your username and password, including those doing so without your authorization.
8. Fee Based Content
Some of the Content on our Website require you to pay a fee, as described in the specific conditions included where this Content is offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if 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. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
9. Your Feedback
In these Terms of Use, “Feedback” refers to information you submit to us through our Website that is specifically about how we can improve our Website and the curriculum, information, and services we make available through our Website. Although we do not claim ownership of User Generated Content you post on or through our Website, the Feedback you provide to us through our Website will be assigned to us and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. Please do not send us any Feedback that you do not wish to assign to us.
10. Removal of Content
In general. If you believe Content on our Website violates your rights or is otherwise inappropriate and you want us to remove it, you may be able to flag it. Otherwise, please contact us at the information above. While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use, Privacy Policy, and applicable law.
Violation of copyrights. SLC does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on our Website or has been otherwise copied and made available on our Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Email your notice to us at: contactus@safelifeproject.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
11. Trademarks
The SLC names and logos, all product and service names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on our Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of SLC (the “SLC Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on our Website are the property of their respective owners. You are not authorized to display or use the SLC Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Website without the prior written permission of such owners. The use or misuse of the SLC Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. You may not use any trademark displayed on our Website as a link without the prior written approval of the trademark owner.
12. Your Obligations
In consideration of your use of our Website, you agree to provide true, accurate, current and complete information about yourself. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization.
You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password. Until we are so notified you will remain liable for any unauthorized use of your account. You agree to use our Website in a responsible, manner, consistent with any and all applicable laws and regulations. You agree not to upload or transmit through our Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to our Website is strictly prohibited. We reserve all rights and remedies available to us.
13. Indemnification
You hereby agree to indemnify, defend and hold SLC and all of our owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “SLC Party(ies)”.) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any SLC Party win regard to any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- Your use of our website;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized b you;
- The content, the quality, or the performance of content that you submit to our website;
- Your connection to our website;
- Your violation of these Terms; or
- Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
14. Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or untimely delivery of any Content or Product or Service on our Website. We disclaim any responsibility for any harm resulting from downloading or accessing any information, product, services or materials on the Internet using search results from our Website. We disclaim any responsibility for, and if you subscribe to a fee-based Content module on our Website, you will not be entitled to a refund as a result of any service outages that are caused by our maintenance of the servers or the technology that underlies our Website, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, pandemics, civil disturbance, or any other cause beyond our reasonable control.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR WEBSITE. OUR WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO OUR WEBSITE, THEIR CONTENT, AND ANY CURRICULUM, PROGRAMS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF OUR WEBSITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON OUR WEBSITE, OR TO ANY SITES WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT OUR WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, IT’S SERVER, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON OUR WEBSITE. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE ON OUR WEBSITE BY USERS OF OUR WEBSITE. USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OF SLC. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
15. Limitation of Liability
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER GENERATED CONTENT YOU MAY ENCOUNTER ON OUR WEBSITE OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON OUR WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
16. Links to Websites Operated by Third Parties
Certain portions of our Website may be “powered by” third parties. In addition, our Website may provide links to websites operated by third parties, including without limitation Facebook, Instagram, and Twitter. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their sites. We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site, you should review the applicable conditions of use and policies. The inclusion of a link in our Website does not imply our endorsement of the site. If you access linked third-party websites, you do so at your own risk.
17. Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Website (or any portion thereof) and/or the information, materials, products and/or services available through our Website (or any portion thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Website.
18. Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by SLC of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
19. Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
20. Governing Law, Jurisdiction and Venue
These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Sacramento County, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of his agreement is taking place or originating.
21. Time Limitation for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, or these Terms of Service, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Alternative Dispute Resolution
Any dispute or claim arising out of or relating to these Terms or use of our Website will be resolved first by a good-faith mediation, formal or informal, the cost of which shall be split equally by you and SLC. Should mediation fail to resolve the dispute or claim, you and SLC agree to resolve the matter through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except for a petition for interim or preliminary relief or enforcement of an arbitration award, which may be brought before a court of competent jurisdiction in Sacramento, California. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sacramento, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Sacramento, California, necessary to protect the rights or the property of you or SLC (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
23. Notice
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Website or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at contactus@safelifeproject.com or call as at (916) 996-2188 or (916) 718-2870.
24. Enforceability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
25. Entire Agreement
These Terms of Use (along with our Privacy Policy and any click-through agreements on our Website contain the entire understanding and agreement between you and SLC with respect to our Website, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and SLC with respect to our Website and your use of our Website