Safe@Cheer, LLC’s Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SAFE@CHEER APPLICATION OR WEBSITE.

Safe@Cheer, LLC (“Safe@Cheer,” “Company,” “we,” “us,” “our”) operates a mobile application called “Safe@Cheer” and a website at www.safeatcheer.com (collectively, the “Services”). We offer access to the Services subject to these Terms of Use and any terms incorporated by reference, which may be updated by us from time to time (the “Terms”).

By using or accessing our Services, you agree to comply with and be bound by these Terms.  In addition, when using our Services, you agree to abide by any posted guidelines, rules, and community standards, which may change from time to time, and to comply with all applicable laws, regulations and rules.  If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Services, you should immediately discontinue the use of this Services.  These Terms remain in force and effect as long as you are a user of the Services.  In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.  You should periodically review these Terms.  We reserve the right, at any time, to change, update, or modify the Terms.  Any use of the Services by you after our publication of any such changes shall constitute your acceptance of the Terms as modified, with regard to any additional use of the Services.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR APPLICATION OR VISIT OUR WEBSITE. OUR SERVICES ARE INTENDED FOR USE BY ADULTS. BY USING THE SERVICES AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT. 

Accessing Our Services

Safe@Cheer grants you a limited, revocable, nonexclusive, non-transferable license to access our Services for your own personal use only. You may not download or modify any portion of the application or website except as expressly permitted by Company. All rights, title and interest in and to the materials provided on our Services, including but not limited to design, layout, color combinations, button shapes, and other graphical elements, information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by Company or by third party authors, developers, or vendors that have licensed the Materials to the Company.  No Materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Services and also may constitute the infringement of Company’s copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Safe@Cheer or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Safe@Cheer or any third party, in connection with your use of the Services and any Materials provided by Safe@Cheer or any third party on the Services. Elements of the application or website, including custom graphics, images, videos, logos, page headers, sounds, button icons, and the “look and feel,” are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

By using our Services, you agree to update and maintain the accuracy to your best ability of all information you provide in connection with our Services. We reserve the right to investigate and take appropriate action, including discontinuing your ability to use the Services, if we suspect that you are providing inaccurate or incomplete information in connection with your use of our Service.

Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, logos, service marks, page headers, graphics, trademarks, service marks, widgets, icons, scripts and trade names trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world, including any training videos, training books, educational software, advertising and marketing services, social media services, and personalized content (“Intellectual Property”) contained on the Services are proprietary to us, or our licensors or licensees and respectively retains and owns all right, title, and interest in and to any Intellectual Property. You understand and agree that you do not have, under or in connection with these Terms, any ownership interest in any Intellectual Property related to these Services. You hereby unconditionally and irrevocably assign to Us, your entire right, title, and interest in and to any Intellectual Property rights that you may now or hereafter have in or relating to the Services (including any rights in derivative works or patent improvements relating to either of them), whether held or acquired by operation of law, contract, assignment, or otherwise. Permission is NOT granted to use any of the Intellectual Property in connection with any product or service that is not ours or, in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. Any other Intellectual Property not owned by us that appear on the Services, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Restrictions on Your Use of the Services

You agree that you will not do any of the following:

a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Services or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.

b. Circumvent, disable or interfere with the security of the Services or features that prevent, limit, or restrict use or copying of the Services or any Materials.

c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs, or other destructive or harmful items.

e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or attempt to derive any source code or underlying ideas or algorithms on the Services.  

f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

g. “Frame” or “mirror” the Services or any part.

h. Use the Services or any Materials for any unlawful purpose.

i. Spam or flood the Services.

j. Resell or make commercial use of the Services or Materials; or (b) make any derivative use of the Services or Materials.

k. Send, broadcast, publish, or otherwise distribute, or cause to be sent, broadcasted, published, or distributed, any notifications, alerts, messages, posts, or any other content containing subject matter that is false, misleading, or otherwise likely to cause harm.

We reserve the right to investigate any suspected violations of this Policy or any conduct that is otherwise detrimental to our Services or users of our Services. We reserve the right—without limitation—to delete, suspend, revoke, disable access to, or take any other remedial, corrective, preemptive, or other action with regard to any account or user of our Services.

Privacy Policy

Please review our Privacy Policy, which also governs your use of and access to our Services and is hereby incorporated by reference.

NO WARRANTY

THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS,” AND WE MAKE NO WARRANTIES REGARDING THE SERVICES OR INFORMATION OR FUNCTIONALITY AVAILABLE ON THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED TO THE EXTENT ALLOWED UNDER APPLICABLE LAW. TO THE EXTENT ANY SUCH WARRANTY MAY NOT BE DISCLAIMED, SUCH WARRANTY IS HEREBY LIMITED TO THE MINIMUM DURATION AND EXTENT ALLOWED UNDER APPLICABLE LAW.  YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY, AND REVIEW OF ANY DOCUMENTS, DATA, OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE SERVICES AND FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE DATA OR FUNCTIONALITY CONTAINED ON THE SERVICES. THE SERVICES AND ALL MATERIALS AVAILABLE ON THIS SERVICES ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT PROVIDING MEDICAL, FINANCIAL, TAX AND ACCOUNTING, LEGAL, COMPLIANCE, OR ANY OTHER PROFESSIONAL ADVICE BY OFFERING ACCESS TO OUR SERVICES. YOUR DECISIONS MADE IN RELIANCE ON THE INFORMATION AVAILABLE ON THIS SERVICES AND YOUR INTERPRETATIONS OF OUR DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM ANY DECISIONS BY YOU OR ANYONE ACCESSING THE SERVICES INCLUDING MEDICAL, FINANCIAL, TAX AND ACCOUNTING, LEGAL COMPLIANCE, OR ANY OTHER PROFESSIONAL ADVICE. YOU AGREE THAT YOU WILL USE THE SERVICES AND ANY INFORMATION AND FUNCTIONALITY AVAILABLE ON THE SERVICES AT YOUR OWN RISK.  WE ARE NOT RESPONSIBLE AND MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE AVAILABILITY OF ANY INTERNET, GEOLOCATION SERVICES, TELECOMMUNICATIONS SERVICES, OR ANY NETWORK FUNCTIONALITY THAT MAY BE NECESSARY IN CONNECTION WITH THE USE OF OUR SERVICES.

LIMITATION OF LIABILITY

WE, INCLUDING OUR OFFICERS AND EMPLOYEES, WILL NOT BE LIABLE TO YOU FOR, AND YOU HEREBY RELEASE US FROM, ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED AS A RESULT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to: (a) Your use or misuse of the Services; (b) any dispute or litigation caused by Your actions or omissions; (c) Your negligence or violation of any applicable law or rights of a third party; (d) Your violation of any intellectual property right, publicity, confidentiality, property or privacy right of any person or entity; (e) any disputes or issues between you and any third party, including Third Party Providers; or (f) Your breach of this Agreement.

Third Party Services

The Services may contain services and functionality provided by third parties (“Third Party Providers”). The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions.  By using the Services, you acknowledge that your use of such third party services is subject to the terms and conditions of use for such third parties, over which we have no control.

Infringement Notices and Takedown

Safe@Cheer prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.  If you are a copyright owner or an agent thereof and believe that any of the Materials or content on our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

·       Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

·       A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated contact information to receive notifications of claimed infringement is support@safeatallstar.com. DMCA notices should go to the designated contact information. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Changes to Services and These Terms

We may change or discontinue any aspect, service or feature of the Services at any time without notice, including, but not limited to, content, availability, and equipment needed for access or use.

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Choice of Law and Binding Arbitration

These Terms of Use supersede any other agreement between you and Safe@Cheer to the extent necessary to resolve any inconsistency or ambiguity between the agreements. These Terms shall be construed and enforced in accordance with the procedural and substantive laws of the state of Michigan.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any legal disputes or claims arising out of or related to these Terms and Conditions, or use of the Services, which cannot be resolved through negotiated means exclusively, shall be submitted for binding arbitration in Detroit, Michigan. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules using a single arbitrator, unless otherwise mutually agreed.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and shall be final and binding. Claims shall be brought within the limitations period required by applicable law. Any claim, action or proceeding arising out of or related to the Agreement that you bring must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
 
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Services. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Services and supersedes any prior or contemporaneous agreement regarding that subject matter.

Be sure to return to these Terms periodically to review the most current version. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page and upon request we will provide you with information regarding any changes made.

This policy was last updated on February 17, 2021.