By visiting or using this website (e.g., any and all portions of the websafety.com domain) (“Site”), visitors and users (“you”) agree to the following:
- WebSafety’s goal is to improve safety by helping you monitor activities and/or devices of persons to whom you are related (e.g., your children), persons for whom you are legally responsible, and/or persons you are otherwise authorized to assist in these matters. Consistent with the foregoing, you agree not to use the Site, WebSafety’s products or services, or related materials in any improper or illegal manner, or to assist in any illegal activity.
- You shall not exploit the Site (or any products and services provided through the Site) in any unauthorized way whatsoever, including to transmit any computer viruses, worms, trojan horses or other malware, or to trespass or unreasonably burden network capacity.
- You will not lie about your age or identity or participate in any other deception or fraud.
- You recognize that use of this Site does not transfer to you any title to any WebSafety intellectual property, and all such title is retained exclusively by WebSafety. Licensees of WebSafety software must agree to the End User License Agreement (EULA) below. You will not violate WebSafety’s intellectual property, including its copyrights in the materials on this site, its patent rights (websafety.com/patents), or its trademark rights.
- You assume full and unlimited liability for any use contrary to these terms, whether such use has been enacted or caused directly or indirectly by you.
- You recognize that use of WebSafety materials or software is not a substitute for oversight and supervisions by a minor’s parents or legal guardians. You agree to cooperate in compliance with the Children’s Online Protection Act (available at this URL: http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule), and YOU REPRESENT AND WARRANT THAT YOU ARE ABOVE 18 YEARS OLD.
- You acknowledge that WebSafety provides NO WARRANTY of any kind and has expressly limited its liability. (See the EULA below for more information on these topics).
- The Site and any products and services provided through the Site are not intended for persons residing in the European Union. YOU REPRESENT AND WARRANT THAT YOU ARE NOT A RESIDENT OF THE EUROPEAN UNION OR COVERED BY ITS LAWS.
WEBSAFETY END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT (“AGREEMENT”). THIS AGREEMENT CONSTITUTES A LEGAL, BINDING AND ENFORCEABLE AGREEMENT BETWEEN ALL USERS OF THE LICENSED PRODUCT(S) (COLLECTIVELY AND INDIVIDUALLY, “YOU”) AND WEBSAFETY, INC. (“LICENSOR”) REGARDING USE OF ANY SOFTWARE OR APPLICATION (“APPLICATION” OR “LICENSED APPLICATION”) PROVIDED BY LICENSOR. BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT WITH LICENSOR. IF YOU DO NOT AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION.
IF A RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY DOWNLOADS THE SOFTARE FOR YOU AND/OR INSTALLS THE APPLICATION ON YOUR BEHALF PRIOR TO YOUR USE OF THE APPLICATION, THAT PARTY WILL BE DEEMED TO BE YOUR AGENT ACTING ON YOUR BEHALF AND YOU WILL BE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS IF YOU HAD DIRECTLY DOWNLOADED AND/OR INSTALLED THE APPLICATION YOURSELF.
- Parties to the Agreement. This Agreement is between you and Licensor. Licensor is the exclusive owner of the Licensed Application. “Licensed Application” as used herein refers to the Application that is subject to the license granted under this Agreement. The Licensed Application and any related documentation is licensed, not sold, to you, subject to the terms and conditions herein. Licensor reserves all rights in and to the Licensed Application that are not expressly granted to you under this Agreement.
- Scope of License. Conditioned upon your compliance with the terms and conditions of this Agreement, Licensor grants to you a limited, revocable, non-transferable, non-exclusive, personal, non-sublicensable, non-assignable license to install and use the Licensed Application on a mobile product (“Mobile Device”) that you own or control and as permitted by any usage rules that may be set forth from the download platform (e.g., terms and conditions set by the App Store, Google Play, etc.) (the “Usage Rules”), and to use any related web-based portal. The Licensed Application may include both a WebSafety application or smart-phone “app.” and a web-based portal interface (collectively, “WebSafety application”). If you have purchased multiple licenses (e.g., under a family plan), the scope and term of your license is commensurate with the description of that plan as presented to you during the purchase process.
- Copy Restrictions. Software and Documentation are protected by copyright. Documentation may not be copied in any fashion. You may make one copy of the machine-readable form of the software for backup or archive purposes as permitted in 17 U.S.C. § 117. You must reproduce the original copyright notice with the copy. This clause does not provide any rights beyond those provided by 17 U.S.C. § 117.
- Limitations of Use. This license does not allow you to use the Licensed Application on any Mobile Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not download or use the Licensed Application in violation of any applicable laws or regulations. You agree that you will not use the Licensed Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended. You may not give away, rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Application and, if you sell your Mobile Device to a third party, you agree to remove the Licensed Application from the Mobile Device before doing so. You agree that the Licensed Application contains proprietary information and trade secrets belonging to Licensor. You may not copy (except as may be expressly permitted by this license or any Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors, if any. If you breach this restriction, you may be subject to prosecution and damages; in addition, you agree that any derivative works, improvements, inventions or works developed by you based upon or relating to the Licensed Application shall be owned by Licensor.
- No Warranties of Compatibility. Licensor does not warrant that the Licensed Application or any related services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. You acknowledge and agree that Licensor and their agents shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- Maintenance; Support; Updates and Upgrades. Although Licensor desires to provide you a good user experience, Licensor is not legally obligated to provide any maintenance or support services with respect to the Licensed Application, or to provide you with updates, fixes, modifications, upgrades or services related thereto (collectively and individually, “updates”). Although updates may occur in the background without requiring review of this Agreement or an updated version thereof, the terms of this Agreement apply to all updates provided by Licensor in its sole discretion, unless such update is accompanied by a separate agreement in which case the terms of that agreement will govern. For further information, please visit websafety.com/support.
- Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device(s), system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. For example, data collected may be used to identify locations, speeds, viewed or transmitted content, etc., for accomplishing the tracking and oversight functionality of the Licensed Application. You also agree that Licensor may collect and use any other kind of data and information, including usage and user data, using or relating to the Licensed Application, its performance, your use thereof, and other related data from your device(s). Licensor may use any of this data and this information to, inter alia, improve its products or to provide services or technologies to you. Moreover, all data collected by or through the Licensed Application is solely owned by Licensor; Licensor may use the data for any purpose, including to analyze, monetize, archive, discard, transmit, and/or sell the data to third parties. Data may be collected and stored to allow users access to archives of their data. However, notwithstanding any other provision, absent a court order, Licensor shall not guarantee that it will preserve or make available any particular amount (and in no case more than six months) of any user’s historical data. You also acknowledge that any installed WebSafety application or software may continue to transmit data from your device(s)—even if your subscription has terminated and /or you are not actively using the application or software—if you have not yet uninstalled or otherwise removed or deleted the application or software from your device(s). Such data is nevertheless also solely owned by Licensor and all the terms hereof apply thereto.
Data collected from child devices, stored in servers, and displayed to parent SMS / texting Phone numbers of senders and receivers of texts, body of text messages, date and time each message is sent Web URLs visited, dates and times of visits, devices used for visits, browser used for visits Apps Device used, name of app installed or uninstalled, date and time of installation or uninstallation Location Latitude and longitude of child device over time, data logged more frequently during transit Social Facebook and Instagram photos, date and time of postings, captions, number of likes, text of comments, names of commenters Settings Parent curfew settings, type of subscription, notification preferences, photo/avatar of parent and child users, log of all parent notifications
You acknowledge and agree that the WebSafety application may interact with (e.g., send and receive data to and from) various hardware or software modules in one or more electronic devices. For example, during installation of the WebSafety application on a user’s device, a visual display may indicate that “WebSafety needs access to” various items, which can include, e.g., “Device & app history”; “Identity”; “Contacts”; “Location”; “SMS”; “Photos/Media/Files”; “Wi-Fi connection information”; “Device ID & call information.” Clicking “Accept” or otherwise continuing with installation further confirms your agreement hereunder. You hereby authorize all access to and use of all data that may be obtained from or sent to any of the above-listed items, or otherwise (e.g., from a camera, a microphone, etc.), in connection with the WebSafety application. The items with which the WebSafety application interacts may change from time to time, at WebSafety’s discretion.
- Termination. This Agreement is effective until terminated by you or Licensor. The license granted to you in this Agreement will terminate automatically without notice from the Licensor at the end of any applicable purchased license term and/or if you fail to comply with any term(s) of this Agreement. Licensor reserves the right to cause the Application to stop functioning after the expiration of any trial period or license term if you have not renewed your license or if you have otherwise failed to comply with these terms. You may terminate this Agreement by deleting, uninstalling, and/or completely destroying all copies of the Licensed Application in your possession together with any related documentation. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application and any related documentation. Licensor reserves the right to seek any and all remedies available at law or in equity in connection with your breach of this Agreement in addition to termination of this Agreement. You have obligations hereunder that continue even after termination. For example, termination of this license does not allow you to violate obligations in any of the following sections: Copy Restrictions, Limitations of Use, Your Representations and Warranties, Proprietary Rights, Termination, etc. because these obligations shall survive the termination of this Agreement. Moreover, your Consent to Use of Data continues to apply after termination.
- Products and Services; Third-Party Materials. The Licensed Application may enable access to Licensor’s and/or third-party services and websites and may be used with certain products and services provided by Licensor (collectively and individually, “Products and Services”). Use of the Products and Services may require Internet access and use of third-party services may require you to accept additional terms.You understand that by using any of the Products and Services, you may encounter content that may be deemed vulgar, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Products and Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be vulgar, offensive, indecent, or objectionable, or for any exposure to said content. You acknowledge that not all vulgar, offensive, indecent, or objectionable content or terminology will be intercepted or recognized by WebSafety systems, algorithms and/or databases, and not all such materials will necessarily result in alerts or other notifications to a user. Because one purpose of the Licensed Application is to assist parents in monitoring or preventing potential exposure to or use of objectionable content by their children, a parent may be more likely to be exposed to the objectionable content as part of this monitoring effort. Please contact us by e-mail at firstname.lastname@example.org to provide input and suggestions about how WebSafety systems and/or processes can accomplish their goals more effectively, including additional offensive terminology proposed for inclusion in WebSafety screening databases. By submitting ideas, you should consider that Licensor may use them and that they become property of Licensor; you hereby assign all rights in submitted ideas to Licensor. Licensor shall have no liability for any failure to identify or screen for offensive material, for any failure to alert a user to offensive material, or for any failure to prevent exposure to any offensive material. In addition, by using the Products and Services, you acknowledge that Licensor has no duty to take any action in connection with providing the Products and Services. For example, Licensor has no duty to alert authorities based on content of intercepted communications.Any location data provided by any Products and Services may not be sufficiently accurate or updated for all purposes and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage.
You agree that the Products and Services contain proprietary content, information and material that may be owned by Licensor and/or its agents or licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way that is inconsistent with instructions provided with the Licensed Application or the terms of this Agreement or that infringes any intellectual property rights of a third party. No portion of the Products and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products and Services, in any manner, and you shall not exploit the Products and Services in any unauthorized way whatsoever, including but not limited to, using the Products and Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or unreasonably burdening network capacity. The Licensed Application is intended for you to improve safety for monitoring activities and/or devices of persons to whom you are related (e.g., your children), persons for whom you are legally responsible, and/or persons you are otherwise authorized to assist in these matters. Consistent with the foregoing, you agree not to use the Products and Services in any improper or illegal manner. Neither Licensor nor their agents, is in any way responsible for any improper or illegal use by you or illegal messages or transmissions that you may receive as a result of using any of the Products and Services.
In addition, Products and Services and Third Party Materials that may be accessed from, displayed on or linked to from the Mobile Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Products and Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Products and Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Products and Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Products and Services. Licensor may also impose limits on the use of or access to certain Products and Services, in any case and without notice or liability.
- Your Representations and Warranties. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND SHALL COMPLY WITH ITS TERMS. You further represent and warrant that you will at all times comply with your obligations hereunder and any applicable laws, regulations and policies, which may apply to the Licensed Application. You agree not to use the Licensed Application or any other WebSafety information or materials to break the law yourself or to facilitate any illegal activities. You assume full and unlimited liability for any use contrary to this Agreement whether such use has been enacted or caused directly or indirectly by you. You represent and warrant that you will not use the Licensed Application to monitor activities or devices of persons to whom you are not related, for whom you are not legally responsible, or for whom you are not otherwise authorized to do so by law. You agree to defend, indemnify and hold harmless Licensor from and against any and all liability, loss, costs, or expenses (including without limitation, attorneys’ fees) arising from, related to, or in any way connected with or incurred in connection with your violation or breach of this Agreement or applicable laws, regulations or policies, your use of the Licensed Application or Third Party Materials or Products and Services. Licensor reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any claims against Licensor without the express written consent and approval of Licensor. The indemnity obligations contained herein shall survive the termination of this Agreement.
- Proprietary Rights. The Licensed Application is protected by U.S. and international copyright, trademark and other intellectual property rights, statutory and common laws and international treaties. Licensor owns and retains all right, title and interest in and to the Licensed Application and related documentation, including but not limited to all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein. The Licensed Application may be covered by one or more patents. Please visit com/patents for more information. Your possession, installation, or use of the Licensed Application does not transfer to you any title to the intellectual property in the Licensed Application and you will not acquire any rights in the Licensed Application, except for the limited license expressly granted herein. You may not remove any proprietary notices or labels in connection with the Licensed Application or related documentation. In the event of any third party claim that your possession and use of the Licensed Application infringes that third party’s intellectual property rights, you will be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. Licensor grants you no rights in any intellectual property. Developments and improvements to the Licensed Application resulting from or related to your use thereof (including improvements and ideas flowing from any Beta Testing period or other uses) are hereby assigned to Licensor.
- Children. The Licensed Application is intended for persons having the legal capacity to be bound by this Agreement. Children younger than 18 years of age may not register, nor may they use the Licensed Application or Products and Services under the color of parental authority under any circumstances. In addition, you may not use the License Application or any services provided by Licensor to monitor the location or activities of any child without the consent of the child’s parent or legal guardian. The Licensed Application is not a substitute for oversight and supervision by the minor’s parents or legal guardians and should not be construed as a preventative measure in any manner. In accordance with the Children’s Online Protection Act (available at this URL: http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule), by using the application for monitoring a child under the age of 13, you agree, consent and authorize our collection, use, and disclosure of the child’s personal information in accordance with the terms and conditions herein.
- European Union. The Licensed Application is not intended for persons residing in the European Union. YOU REPRESENT AND WARRANT THAT YOU ARE NOT A RESIDENT OF THE EUROPEAN UNION AND THAT IF THIS CHANGES, YOU WILL UNINSTALL THE LICENSED SOFTWARE.
- NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, AND ANY PRODUCTS PROVIDED BY LICENSOR FOR USE OR ASSOCIATED THEREWITH, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. LICENSOR MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE LICENSED APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE LICENSED APPLICATION OR THE THIRD PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE LICENSED APPLICATION IS TO UNINSTALL AND CEASE USE OF THE LICENSED APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER, THAT YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have paid to us over the six months immediately preceding your claim. The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
- High Risk Activities. The Licensed Application and any products provided by Licensor for use or associated therewith are not fault-tolerant and are not designed or intended for use in hazardous environments that require fail-safe performance. Licensor expressly disclaims any express or implied warranty of fitness for all such activities.
- Export. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. All actions relating to this Agreement shall be brought exclusively in a competent court in Orange County, California, and you agree to personal jurisdiction in such courts.
- Miscellaneous. (a) This Agreement and all the policies referenced herein constitute the entire agreement between Licensor and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Licensor. (b) The section titles in this Agreement are provided solely for convenience and have no legal or contractual significance. (c) The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties or as necessary shall be deemed severable from this Agreement, and the remainder of this Agreement shall continue in full force and effect. (f) You may not assign your rights under this Agreement to any party.
- Equitable Relief. You acknowledge that if you fail to comply with any of the following clauses: Scope of License, Copy Restrictions, Limitations of Use, Products and Services; Third-Party Materials, or Your Representations and Warranties, there will be no adequate remedy at law and that Licensor shall have the right to have any breach thereof remedied by equitable relief (e.g., temporary restraining order, preliminary injunction, permanent injunction, specific performance, etc.) without posting any bond or surety, and such other alternative relief as may be appropriate.
- Commercial Software. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. The License Application is commercial computer software as defined in DFARS 252.227.7014(a)(1). Use, duplication, or disclosure by the U.S. Government is subject to the terms of this license agreement as stated in DFARS 252.227-7202 and others.
- Agreement Updates. Licensor reserves the right to modify and/or change any of the terms and conditions of this Agreement at any time and without prior notice. If Licensor materially modifies this Agreement, it will post the updated Agreement as part of a drop down menu from the Licensed Application via a hyperlink or by other reasonable means now known or hereafter developed, for example by posting the updated agreement to websafety.com/terms. By continuing to use the Licensed Application after Licensor has posted a modification to the Agreement, you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Licensed Application.
- Questions, Comments, and Contact Information. If you have any questions or comments, please contact us at
3415 S. Sepulveda Blvd Ste. 1250
Los Angeles, CA 90034
Last updated: April 13, 2018