Terms of Service
Please read these terms of use (“Terms”) carefully before using this website (“Website”), portals, our SMS text notification services, and any other services we may provide (collectively, our “Services”). The Services are provided by the Website owner identified on the Website homepage (“we,” “us,” or “our”).
By using our Services, you are agreeing to these Terms. Please read them carefully.
These Terms may have changed since you last used our Services. Your use of our Services is subject to your compliance with these Terms. These Terms apply to all visits to our Website and all uses of our Services, including (but not limited to) all associated content, information, recommendations, and/or services provided to you by or through our Services.
By accessing and using our Services, you hereby agree to these Terms in their entirety. You may not use our Services (or any part thereof) if you do not agree to be bound by these Terms.
Returns and Refunds: Overview
This website and/or product offering is operated by Safe In Harm’s Way Foundation, Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Safe In Harm’s Way Foundation, Inc. offers this website and product, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and purchasers of Safe In Harm’s Way Foundation, Inc. products, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website/ purchasing our products. By accessing or using any part of the site or product offering, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Products, Programs, and Services
If you’re not 100% ready to commit to a Safe In Harm’s Way Foundation, Inc. product, program or service, then it is not for you as there will be no refunds for any reason. This is a community for those who are ready to fully commit to having the professional and personal life they want, have a ton of fun along the way, and build a community with people supporting each other. If you can’t commit to that, then it is NOT for you.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Use of Services
The information contained in or provided by our Services is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation by which we or our affiliates assume legal responsibility, nor do we grant permission to use or practice anything contained therein, nor recommends such use or practice.
Our Services are not intended to be a substitute for professional medical advice from a qualified healthcare provider, legal representative, social worker or police department. Do not use information provided via our Services to diagnose or treat a health condition or disease or act within abuse situations without consulting a qualified healthcare provider or an advocate for domestic violence at a 24-7 crisis line. There is no physician-patient relationship or mental health professional-patient relationship arising solely by virtue of using the Services. Never disregard professional medical advice or advocacy services or delay seeking it because of something you have read via the Services. Do not use our Services for medical emergency services. In an emergency, call 911, your personal physician, and/or your local emergency assistance number. Do not use information provided via our Services to enact or initiate any legal proceedings without consulting a qualified legal representative or police department. There is no lawyer-client relationship arising solely by virtue of using the Services. Never disregard professional legal advice or delay seeking it because of something you have read via the Services. Do not use our Services for emergency services. In an emergency, call 911, your personal physician, and/or your local emergency assistance number, and any legal representative or police department.
Changes to these Terms
We reserve the right to revise and update these Terms at any time without notifying you. As such, please periodically review these Terms, our Privacy Policy, Acceptable Use Policy, and any other policies that may be posted on this Website, each of which are accessible via the Website homepage. Continued usage of our Services will be considered acceptance of any changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages at this Website.
Ownership of Services
Our Services, including all associated information related to our Services, are the property of us and/or our affiliates and licensors. Our Services are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All rights reserved.
The contents of our Services may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials and information available via our Services may not be modified in any way, and may not be reproduced, distributed or used for any public or commercial purpose unless expressly permitted by us in writing. Please use it as a resource, but ask first, and only if we agree to terms of usage. Any use of the materials or information available via our Services for any other purpose is prohibited. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of us or other third parties. If you breach any of these terms, your authorization to use our Services is terminated and you must immediately destroy any downloaded or printed materials.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Trademarks
All of our or our affiliates’ trademarks, service marks and trade names (“Trademarks”) are trademarks or registered trademarks that belong to us or our affiliates, unless stated otherwise. You may not use or display the Trademarks for any purpose, including but not limited to, in advertising or publicity pertaining to distribution of materials via our Services, without our prior written consent. Any other trademarks appearing on third party websites linked to by our Services are the property of the respective owners or operators of those third party websites.
Links to Other Websites
Links to third party websites by our Services may be provided solely as a convenience. If you use these third party links, you will leave our Services. We are not responsible for such third party websites, nor do we control such websites. We also do not claim to have reviewed these third party websites or any associated content. As such, we are not responsible for any of these websites or their content. We are not responsible for any charges or fees associated with financial transactions that may occur on or through a third party website. Moreover, we do not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials made available by such third party websites, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our Services, you do so entirely at your own risk. The mention of specific products, processes, or services within our Services does not constitute or imply a recommendation or endorsement under any circumstances.
The storage or reproduction of our Services (or any part of our Services) in any external internet site or the creation of links, hypertext, or deep links between our Services and any other internet website, is prohibited.
Disclaimer
YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING OUR SERVICES. OUR SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION VIA THE SERVICES IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES IS ACCURATE, COMPLETE OR CURRENT, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INFORMATION PUBLISHED OR MADE AVAILABLE VIA OUR SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.
THERE IS NEVER AN ATTEMPT AT ANY TIME TO DIRECTLY OR INDIRECTLY, ORALLY, IN WRITING OR THROUGH ANY OTHER MEDIUM TO DEFAME, LIBEL, SLANDER, CRITICIZE OR STATE ANYTHING THAT DISPARAGES, DISHONORS BY COMPARISON OR UNJUSTLY DISCREDITS OR DETRACTS FROM THE REPUTATION OF ANY OTHER PERSON’S CHARACTER, EITHER BY SPECIFICALLY REFERRING TO ANY PARTY BY NAME OR IMPLICATION OR INNUENDO. ANY CONTENT IS FOR INFORMATIONAL USE ONLY AND DOES NOT DEPICT ANY SPECIFIC PERSON OR EVENT. IF ANY PARTY INTERPRETS INFORMATION AS PERSONALLY RELATED TO OR ABOUT THEM, THE ASSOCIATION IS PURELY COINCIDENCE AND NOT REFLECTIVE OF ANY INDIVIDUAL. IF YOU THINK THIS CONTENT IS ABOUT YOU, YOU’RE MISTAKEN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE DOLLARS ($1).
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USE OF OUR SERVICES.
WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF OUR SERVICES AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
Limitation of Liability
IN NO EVENT WILL ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SERVICES (OR ANY PART THEREOF), OR ANY OTHER THIRD PARTIES MENTIONED VIA OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST JOBS, LOST RESOURCES, LOST OPPORTUNITIES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE DOLLARS ($1).
User Submissions
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to us through our Services is the exclusive property of us and/or our affiliates. We are entitled to use any information submitted for any purpose, without restriction (except as stated in our Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission and accepts responsibility for its accuracy, appropriateness, and legality.
You are prohibited from using our Services to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using our Services to advertise or perform any commercial solicitation. We will have no obligations with respect to such communications. We reserve the right to remove any and all user submissions it deems in violation of these Terms.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Indemnity
You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, employees, agents, licensors, and affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from your use of our Services, violation of these Terms, or violation of any third party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
Copyright Violations
If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please notify us. The notice must include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“Copyright Act”). As of the date of the posting of this Agreement, the information that you must provide includes: identification of the copyrighted work that allegedly has been infringed; identification of the material on our Services that you believe infringes the copyright (with sufficient specificity to allow us to locate it); a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner; your physical or electronic signature or the signature of a person authorized to act on behalf of the owner of the allegedly infringed right; and your contact information. Please keep in mind that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Forward-Looking Statements
Some statements made available by our Services are not historical facts and therefore are considered forward-looking statements within the meaning of Section 21E of the Securities and Exchange Act of 1934. These forward looking statements are subject to risks and uncertainties which could cause our actual results to differ materially from those expressed in or implied by the content of our Services. Forward-looking statements made available by our Services are made as of the date of the initial publication and we undertake no obligation to update any of these forward-looking statements as actual events unfold.
Third Party Payments
We are not responsible for any charges or fees associated with financial transactions that occur on or through third party websites. Any payments you may make for services you have found through use of our Services or through any Portal (such as enrolling in a class) are made exclusively through an affiliated third party website the separate privacy policy of which applies, and not through our Services or Portal. We encourage you to read the privacy statements of each and every website that collects personally identifiable information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Invalidity and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Safe In Harm’s Way Foundation, Inc or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Safe In Harm’s Way Foundation, Inc, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
NON-DEFAMATION
You agree that you will not make any defamatory comments about Safe In Harm’s Way Foundation, it’s employees, products, programs or services and you will not disrupt the Company’s business in any manner. Nothing in this paragraph shall prohibit either you or Epizon Strategy Solutions from providing any information as may be required by law.
Section Titles
The section titles of the Terms are merely for convenience and will not have any effect on the substantive meaning of these Terms.
Entire Agreement
Except as expressly provided in a particular “legal notice” on our Services, these Terms constitute the entire agreement between us and you, respectively, with respect to the use of our Services and content contained therein.
Additional Terms for Use of Text Message Notifications
Text Message Terms
We are developing a mobile alert and messaging service that may allow you to receive confirmation or reminders for communication we may send. In addition to the mobile alert services, you may also receive additional notifications from us. By providing a mobile number that allows you to receive text message or short message reminders and information, you are opting to participate in our mobile alert and messaging service and you agree to be bound by the following terms and conditions related to our SMS text notification services.
We are not yet using text message notifications. When we do, these terms will apply and may be updated.
- Usage
As a user of this text message service you acknowledge that text messages are distributed via third-party mobile network providers and therefore we are unable to control all functions related to the delivery of text messages. You acknowledge that it may not be possible to transmit all text messages successfully. While we do not charge you for these services, message and data rates may apply from your mobile carrier. - Opt Out
To stop receiving text messages, text STOP to a text message you receive. You consent to receive one last message from us confirming your inactivation. If you stop using your mobile phone number you must alert us immediately to unsubscribe from the service. - Advice
The contents of the text messages do not constitute advice and you should not rely upon the text messages in making any health, legal or safety related decision.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: info@safeinharmsway.org.
Updated as of October 20, 2023
