Terms of Service
Last Updated: January 31, 2019
Safedoor Planned Maintenance LLC. (“Safedoor”, “we”, “us”, “our” and terms of similar meaning) provides its Services (as defined below) subject to these terms and conditions of use (these “Terms” or “Terms of Service”).
The "Services" include: (a) Safedoor’s website www.safedoorpm.com (the “Site”); (b) the “Applications”, consisting of (i) the “Web App”, meaning the on-demand programs, tools, information, on-line store, and services provided through the Site, including the Dealer Portal and Customer Portal and (ii) the “Mobile App”, meaning the on-demand programs, tools, information, and services provided through the mobile application; and (c) all software, data, text, images, sounds, video, and content owned or created by us and made available through the Site, Applications or otherwise (collectively referred to as our "Proprietary IP"). Any new features or content we add or cause to be added to or which augment the Services are also subject to these Terms and considered Proprietary IP.
In these Terms, our customers are called “Subscribers” or “Dealers”, and are organizations or individuals that subscribe through a subscription account to certain Services not available to non-Subscribers. Subscribers may use the Services subscribed for to provide services to their customers, called “Customers”. Subscribers invite persons to access their subscription account as; (a) “Dealer Admin”, “Dealer Office”, or “Dealer Tech” users called “Subscriber Users”, or (b) “Customer Users” through the Customer Portal. Subscriber Users and Customer Users are called “Users”.
Safedoor reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in our sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any, or we will post a notice on the Site or in the Applications visible to you the next time you access the Site or Applications. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this website or use the Services so you are aware of any changes, as they are binding on you. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account should you be a Subscriber. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The most current Terms can be accessed at www.safedoorpm.com/TOS. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please contact us at email@example.com.
You are responsible for (a) making all arrangements necessary for you to have access to the Services, and (b) ensuring that all persons who access the Services through your internet connection or mobile devices are aware of these Terms and comply with them.
The owner of the Site is based in the state of Wisconsin in the United States. We provide this Site for use only by persons located in the United States and Canada. We make no claims that the Site or any of any of its content, including the Services, is accessible or appropriate outside of the United States and Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
2. Registration Data and Account Security
If you register for an account to use the Services as a Subscriber, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services or gathered manually by our representatives (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Safedoor, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Safedoor. You are responsible for all activity on your Safedoor account, and for all charges incurred on your Safedoor account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Fees, Charges and Taxes
Subscription fees, billing and payment information, and other subscription account terms and conditions are posted here and are incorporated herein by reference, and may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the Proprietary IP available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, and all right and title to and in such Proprietary IP is owned and reserved exclusively by us. Notwithstanding anything to the contrary herein, any data or information specifically provided by Users, whether they are Subscribers or Customers, that is unique, non-public, not previously known or disclosed to us on a non-confidential basis, and which is proprietary to our Subscribers or their Customers is considered “User Content”. For example, data about a Subscriber’s Customers, asset configurations, or inspections and maintenance information that a Subscriber provides as part of its use of the Services is User Content of that Subscriber.
User Content is owned by that User and considered to be User’s property. Safedoor’s only right to User Content is the limited licenses granted to Safedoor in these Terms. Those licenses are described in Section 5 and Section 11 of these Terms.
Excluding User Content, the Services, all Applications, software available as part of the the Services or used to create and operate the Services, and all Proprietary IP are the exclusive property of Safedoor or its licensors, and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and all rights to the Services, such Applications, all Proprietary IP and all such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Safedoor.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage to your User Content, or use thereof, that may cause harm or liability to you or other people. Although we have no obligation to do so, we have the absolute right in our sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Applications, Proprietary IP, software, results thereof, or any other content that is not User Content related to the Services, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site or reports generated through the Services as archival reference copies or as necessary in the ordinary, normal, and legitimate course of your use of the Services you subscribed for as part of your commercial business operations; provided, however, that you do not remove or alter the Safedoor name, logo, or copyright information from the documents.
You may download a single copy of the Mobile App to your mobile device solely for use in conjunction with your subscription to the Services provided you agree to be bound by these Terms.
If we provide social media features as part of the Services, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or Applications, Proprietary IP, or any content (other than User Content) is transferred to you, and all rights not expressly granted are reserved by Safedoor. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
5. Your Limited License of Your User Content to Safedoor
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Therefore, by posting or distributing User Content to or through the Services, you: (a) grant Safedoor and its affiliates and subsidiaries a non-exclusive, royalty-free, perpetual and transferable right to use, display, perform, reproduce, distribute, publish, transfer, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users (for example, inspection and maintenance information intended for your Customers), you grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, perpetual and transferable right to sublicense such User Content in the manner in and for the purposes for which the Services from time to time use such User Content.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. They are transferable because we need the right to transfer these licenses to any successor provider of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Services to You
Safedoor grants you a limited, revocable, non-exclusive, non-sublicenseable license to access and utilize the Services and to view, copy and print the portions of the results of those Services available to you through your normal, ordinary, and legitimate use of the Services you subscribed for. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such results of the Services in conjunction with your normal, ordinary, and legitimate use of the Services you subscribed for; (ii) you may not modify or otherwise make derivative works of the results of those Services, or reproduce, distribute or display such results (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed anywhere in the Services, Applications, Proprietary IP or results therefrom; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services, Applications, Proprietary IP, or the results therefrom other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Services, Applications, Proprietary IP, or results therefrom without the prior written permission of its owner is strictly prohibited and will give us the right to terminate the license granted in hereunder and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Safedoor at any time.
You represent and warrant that your use of the Services, Applications, Proprietary IP, or results therefrom will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
7. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other submissions, messages, materials or other items on the Services (“Interactive Areas”). If Safedoor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential and no longer proprietary to or exclusively owned by such User. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Submissions that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Submissions that are unrelated to the topic of the Interactive Area(s) in which such submissions are posted; or
Submissions that, in the sole judgment of Safedoor, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose Safedoor or its affiliates or its subsidiaries or its Users or other Site vistors to any harm or liability of any type.
Safedoor has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Site or Applications or interfere with any other party's use of the Site or Applications, including their ability to engage in real time activities through the Site or Applications.
Use any robot, spider or other automatic device, process or means to access any Services, Applications, Proprietary IP, or any results therefrom for any purpose, including monitoring or copying any Services, Applications, Proprietary IP, or any results therefrom or other material that is part of the Services.
Use any manual process to monitor or copy any of the Services, Applications, Proprietary IP, or any results therefrom or other material that is part of the Services or for any other unauthorized purpose without our prior written consent, which we may withhold in our sole discretion for any reason or no reason at all.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer or database connected to the Site or Applications.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including our standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS SAFEDOOR, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS OR THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or submissions provided by any User, visitor to the site, or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Network and Data Transmission
You agree that the technical processing and transmission of the Services, including User Content, may be transferred unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Safedoor’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. The internet and cellular networks are inherently insecure, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured.
9. No Responsibility for Third-Party Services, Sites or Third-Party Content
As a service to our Users or other Site vistors, the Site may contain links to third-party web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you and we may use in connection with your use of the Services. You use Third-Party Sites and Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Safedoor makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply Safedoor endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Safedoor accepts no responsibility for reviewing changes or updates to, or the quality, policies, nature or reliability of Third-Party Materials, or web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10. Advertisements and Promotions
Safedoor may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Safedoor, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Safedoor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
11. Cancelation, Termination and Survivability
Subscription Accounts can be canceled at any time by the account administrator by emailing cancelation instructions to firstname.lastname@example.org and receiving a cancelation confirmation email from Safedoor. When a Subscription Account is canceled, the Services, including all Applications, Proprietary IP, and results therefore, along with all User Content submitted to the Services, will be inaccessible to all Subscriber Users shortly thereafter. Any outstanding balance of the then-current billing period on the subscription account is immediately payable.
Safedoor reserves the right to: (a) modify or discontinue, temporarily or permanently, the Services (or any part thereof); and (b) refuse any and all current and future use of the Services, suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any of your User Content in the Services, for any reason, including if Safedoor believes you have violated these Terms. We will use reasonable commercial efforts to publish the Applications or to notify you about any planned downtime of the Services. We will use reasonable commercial efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Safedoor shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
If these Terms expire or are terminated for any reason, Sections 4, 5, 9, 11, 12, 13, 15, 16, and any representations or warranty you make in these Terms, shall survive indefinitely.
12. Disclaimer of Warranties and Conditions
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive or malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES OR ITEMS OR INFORMATION OBTAINED THROUGH THE SITE OR ANY SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE, THE APPLICATIONS, THE PROPRIETARY IP, AND ANY RESULTS THEREFROM ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS FROM SAFEDOOR OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAFEDOOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SAFEDOOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SAFEDOOR IS NOT RESPONSIBLE FOR THE ACCURACY OF DATA, INFORMATION, OR RESULTS FROM ANY SERVICES CONTAINED IN THE SERVICES OR PROVIDED BY THE SERVICES.
WHILE SAFEDOOR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, SAFEDOOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability, Indemnity
DOOR AND LOADING DOCK SYSTEMS AND RELATED EQUIPMENT ARE DANGEROUS AND CAN CAUSE SERIOUS INJURY OR DEATH. DO NOT ATTEMPT TO PERFORM INSPECTION, MAINTENANCE, OR REPAIR WORK UNLESS YOU ARE A QUALIFIED AND TRAINED SERVICE TECHNICIAN. THE SERVICES ARE NOT MEANT TO BE COMPREHENSIVE, NOR A DEFINITIVE SOURCE OF GUIDANCE, INSTRUCTIONS OR STANDARDS, THEY ARE MERELY A TOOL FOR YOU TO USE IN PERFORMING SERVICES FOR YOUR CUSTOMERS. YOUR COMMON SENSE, TRAINING, GOOD JUDGMENT, AND FOLLOWING SAFE AND BEST PRACTICES ARE CRUCIAL TO SAFE AND SUCCESSFUL USE OF THE SERVICES. ALWAYS FOLLOW EQUIPMENT MANUFACTURERS’ RECOMMENDATIONS AND INSTRUCTIONS, INDUSTRY BEST PRACTICES, AND APPLICABLE SAFETY LAWS AND REGULATIONS IN PERFORMING INSPECTION, MAINTENANCE, REPAIR WORK, OR OTHER SERVICES FOR YOUR CUSTOMERS IN THE USE OF THE SERVICES SUBSCRIBED FOR HEREUNDER.
YOU WAIVE AND WILL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SAFEDOOR OR ANY OF THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF SERVICES INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO INFRINGEMENT OF PROPRIETARY RIGHTS, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER SAFEDOOR NOR ANY OTHER RELEASED PARTY WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE SERVICES OR OTHER INFORMATION OBTAINED FROM SAFEDOOR OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAFEDOOR OR ANY OTHER RELEASED PARTY'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAFEDOOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR OTHER EXPLOITATION OF THE SERVICES EXCEED THE GREATER OF THE MONTHLY SUBSCRIPTION FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF CLAIM FOR MONETARY DAMAGES, OR SEVENTY-FIVE US DOLLARS (USD$75).
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SAFEDOOR AND THE OTHER RELEASED PARTIES FROM ANY LOSS, DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS AND PROCEEDINGS ARISING OUT OF YOUR USE OR OTHER EXPLOITATION OF THE SERVICES, AND IF YOU ARE A SUBSCRIBER, FROM YOUR CUSTOMERS’ USE OF THE SERVICES AND FROM THE USE OF THE SERVICES BY ANY PERSON TO WHOM YOU GIVE ACCESS TO YOUR ACCOUNT (INCLUDING BUT NOT LIMITED TO EMPLOYEES, SUBCONTRACTORS, CONSULTANTS, OR ADVISORS), INCLUDING WITHOUT LIMITATION ANY CLAIMS MADE BY ANY PERSON THAT ANY OF YOUR, AND IF YOU ARE A SUBSCRIBER, YOUR CUSTOMERS’, USER CONTENT INFRINGES THE RIGHTS, INCLUDING THE INTELLECTUAL PROPERTY RIGHTS, OF ANY THIRD PARTY.
IF YOU CHOOSE TO ACCESS THE SERVICES FROM LOCATIONS OTHER THAN WISCONSIN, YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS OF SUCH OTHER JURISDICTION AND YOU AGREE TO INDEMNIFY SAFEDOOR AND THE OTHER RELEASED PARTIES FOR YOUR FAILURE TO COMPLY WITH ANY SUCH LAWS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SAFEDOOR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notices we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the Applications, or post the notice elsewhere on the Site. When we post notices on the Site or Applications, we post them in the area suitable to the notice. It is your responsibility to periodically review the Site or Applications for notices.
15. Applicable Law and Venue
These Terms shall be construed and interpreted according to the Laws of the State of Wisconsin, excluding any choice of law rules that may direct the application of the Laws of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) involving Safedoor or a Released Party and arising out of or relating to: (a) these Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, or the Services; or (d) the relationships that result from these Terms or the Site, or the Services (collectively, a “Claim”), will be resolved by binding arbitration in Milwaukee, Wisconsin administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules except as specifically set forth herein. All arbitration hereunder shall be governed by the Federal Arbitration Act, Chapters 1 and 2, to the exclusion of state law inconsistent therewith. In resolving the Claims between the parties subject to arbitration, a single arbitrator selected by Safedoor will apply the laws of the State of Wisconsin, notwithstanding its conflicts of laws provisions. The decision of the arbitrator will be binding, final and conclusive on the parties and judgment may be entered thereon in any court of competent jurisdiction. The prevailing party in any Claim will be reimbursed all of its costs and fees associated with resolving such Claim or related to such Claim, including, but not limited to all reasonably attorneys' fees and all dispute resolution costs and fees. The parties will maintain the confidential nature of the entire arbitration proceedings including but not limited to negotiations, mediations, and the final award and general outcome except as may be required by law. This agreement to arbitrate shall survive the rescission or termination of any contractual relationship between the parties subject to arbitration hereunder. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Safedoor related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Safedoor. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. In the event that a court determines that arbitration does not apply to a particular Claim, each party stipulates that any such dispute shall be commenced and prosecuted in its entirely in, and consents to the exclusive jurisdiction and proper venue of, either the Milwaukee County Circuit Court for the State of Wisconsin or the United States District Court for the Eastern District of Wisconsin, and each party consents to personal and subject matter jurisdiction and venue in such courts and waives and relinquishes all right to attack the suitability or convenience of such venue or forum by reason of their present or future domiciles, or by any other reason. The parties acknowledge that all directions issued by the forum court, including all injunctions and other decrees, will be binding and enforceable in all jurisdictions and countries. Each party waives any right to trial by jury with respect to any dispute.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Safedoor may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Safedoor, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Safedoor regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Safedoor regarding your use of them.
17. Terms Required by Apple
You acknowledge and agree that (i) these Terms are concluded between you and Safedoor, and not Apple, Inc. (“Apple”); (ii) Safedoor, and not Apple, is solely responsible for the Mobile App; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Mobile App; (iv) in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid, if any, for the Mobile App; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App; (vi) Apple is not responsible for any claim you have arising out of your use of the Mobile App; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Mobile App infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce these Terms against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Under these Terms you are granted the right to install and use a copy of the Mobile App on any iPhone, iPad, iPod touch that you control or own and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Safedoor Planned Maintenance LLC.
N173 W21130 Northwest Psge
PO Box 278
Jackson, WI 53037