YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT ACCELERIZE INC. MAKES FROM TIME TO TIME.
- Termination of Service. Scripps Safe, Inc. reserves the right to deny service to any person at Scripps Safe, Inc.’s sole and absolute discretion. The Service is offered with the understanding that Scripps Safe, Inc. may terminate any user’s access to the Service at any time, for any reason or no reason, including without limitation for any violation of this TOU. Scripps Safe, Inc. may stop offering and/or supporting the Service at any time.
Restrictions and Conditions of Use. Provisions contained within this agreement.
- Use of Site and Service. Scripps Safe, Inc. permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Scripps Safe, Inc. reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
- No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity).
- Restrictions. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Scripps Safe, Inc.; or (iv) make any false, misleading or deceptive statement or representation regarding Scripps Safe, Inc. and/or the Service.
- Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this TOU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, information provided by other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Scripps Safe, Inc. and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
- No Commercial Uses. You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
- No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation email information of other account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
- Scripps Safe, Inc. Products. Specific terms and conditions apply to your purchase of products from Scripps Safe, Inc. and to specific portions or features of our Site. Scripps Safe, Inc.’s obligations with regards to its products offered on or marketed through the Site are governed solely by such terms and conditions and nothing contained on the Site or in this TOU shall be construed to alter product specific terms and conditions. The materials on our Site with respect to products and services may be outdated and makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Scripps Safe, Inc. will make available such services in your country. Please consult Scripps Safe, Inc. for information regarding the availability of particular product and service offerings in your country.
- Links from the Site. The Site may contain links to websites operated by other parties. Scripps Safe, Inc. provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Scripps Safe, Inc., and Scripps Safe, Inc. is not responsible for the content available on the other websites. Such links do not imply Scripps Safe, Inc.’s endorsement of information or material on any other website and Scripps Safe, Inc. disclaims all liability with regard to your access to and use of such linked websites.
- Links to the Site. Unless otherwise set forth in a written agreement between you and Scripps Safe, Inc., you must adhere to Scripps Safe, Inc.’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Scripps Safe, Inc.’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Scripps Safe, Inc., (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Scripps Safe, Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Trademarks. Scripps Safe, Inc. and Total Rx Protection logo are trademarks/service marks of Scripps Safe, Inc. Unauthorized use of any Scripps Safe, Inc. trademark, service mark or logo may be a violation of federal and state trademark laws.
- Copyright. The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. Except for your use of the content in connection with the Service to which we have the appropriate licensing rights or as authorized in this TOU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Scripps Safe, Inc.’s express prior written permission.
- Location. The Site and the Service are operated by Scripps Safe, Inc. in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. If you access the Service from, and are a resident of, the European Community and you are a consumer you may have other or additional mandatory rights or remedies by law.
- Children. The Site and the Service are not directed toward children under 13 years of age nor does Scripps Safe, Inc. knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personally identifiable information to Scripps Safe, Inc.
DISCLAIMER OF WARRANTIES.
THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Scripps Safe, Inc. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. Scripps Safe, Inc. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Scripps Safe, Inc, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR SERVICE, EVEN IF Scripps Safe, Inc. AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF Scripps Safe, Inc. OR ANY OF THE RELATED PARTIES EXCEED $1.00.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Scripps Safe, Inc. and its affiliates shall be limited to the fullest extent permitted by law.
Indemnification. You agree to indemnify, defend and hold Scripps Safe, Inc. and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site and/or the Service or any breach by you of this TOU or any other policies that Scripps Safe, Inc. may issue for the Site and/or Service from time to time.
Governing Law; Jurisdiction. This TOU is governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 14 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Florida.
- Arbitration Procedures. You and Scripps Safe, Inc. agrees that, except as provided in Section 14.4 below, all disputes, controversies and claims related to this TOU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. Except as otherwise set forth in Section 14.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this TOU, (i) you and Scripps Safe, Inc. may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Scripps Safe, Inc. WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- Location. The arbitration will take place in the location decided by Scripps Safe, Inc.
- Limitations. You and Scripps Safe, Inc. agree that any arbitration shall be limited to the Claim between Scripps Safe, Inc. and you individually. YOU AND Scripps Safe, Inc. AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- TOU Revisions. This TOU may only be revised in a writing signed by Scripps Safe, Inc., or published by Scripps Safe, Inc. on the Site.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scripps Safe, Inc. as a result of this TOU or your use of the Service.
- Assignment. Scripps Safe, Inc may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Scripps Safe, Inc.’s prior written consent, and any unauthorized assignment by you shall be null and void.
- Severability. If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this TOU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Equitable Remedies. You hereby agree that Scripps Safe, Inc . would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This TOU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.