Legal
Terms of Use/Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WEMAKEITSAFER.COM. WeMakeItSafer.com and all content, information, tools and services accessible through it ("WeMakeItSafer.com" or “Website”) is made available by WeMakeItSafer, Inc. and may be used only under the following terms and conditions.
By accessing WeMakeItSafer.com, et al. or its information, tools or services, you (the “User”) acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy and Community Guidelines. If you do not agree to this Agreement or the Privacy Policy, you should not use or access WeMakeItSafer.com. If you secure other services from WeMakeItSafer, Inc. the terms and conditions that you enter into as part of those services, together with this Agreement, will govern your use of WeMakeItSafer.com and your relationship with WeMakeItSafer, Inc.
License
Grant. User is granted a non-exclusive, non-transferrable, revocable, limited license to access and use WeMakeItSafer.com for personal, non-commercial use only, unless otherwise specified. WeMakeItSafer, Inc. may terminate this license without notice at any time and for any reason.
Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use WeMakeItSafer.com, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with WeMakeItSafer, Inc.'s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). User may not alter or modify information and services provided through WeMakeItSafer.com in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of WeMakeItSafer.com, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy WeMakeItSafer.com or any content thereby or therein without WeMakeItSafer, Inc.'s prior written permission.
Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, Subscription-Based Services and other Website services and products (collectively and individually, the "Content") are owned or controlled by WeMakeItSafer, Inc. or a third-party provider. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of WeMakeItSafer, Inc.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of WeMakeItSafer or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of WeMakeItSafer or the relevant Affiliate, or as provided in other applicable clause of this or related service agreement. User acknowledges that WeMakeItSafer, Inc. is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Registration
Certain sections of WeMakeItSafer.com may require registration to access and use information and services. If User elects to register, User agrees to provide WeMakeItSafer, Inc. with accurate, complete registration information. User will inform WeMakeItSafer, Inc. of any changes to registration information. User warrants that registration is for a single person, single household or, where expressly permitted, a single business, (the “Registered Entity”) and that User will not permit anyone other than the Registered Entity to access and use sections of WeMakeItSafer.com requiring registration using User's name and password. User is responsible for all access to and use of WeMakeItSafer.com through User's name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify WeMakeItSafer, Inc. immediately of any unauthorized use of User's name and password, or if User suspects the privacy of User's name and password has been jeopardized.
Publication of Content Posted to WeMakeItSafer.com
Grant of License. For information regarding personal or business information submitted in connection with other services, please refer to the privacy policy and additional service agreements and/or clause(s) of this Agreement. With regard to WeMakeItSafer.com, User agrees that, by publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Content") to WeMakeItSafer, Inc. including, but not limited to messages posted in forums, product comments, Website feedback, and photos submitted to catalogs or community pages on WeMakeItSafer.com, User automatically grants, or warrants that the owner of the following rights has expressly granted, to WeMakeItSafer, Inc., a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Content, and incorporate Posted Content into any medium or technology, now known or later developed.
Lawful Use Only. User will not publish, upload, submit or distribute any Posted Content on WeMakeItSafer.com which are unlawful or abusive in any way, including but not limited to Posted Content that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. WeMakeItSafer, Inc. may delete any of User's Posted Content at any time, without User's permission.
Posted Content Attributed & Truthful. Posted Content submitted for publication on WeMakeItSafer.com may be accompanied by User's name. User warrants that such Posted Content will not misrepresent his or her identity or affiliation with any person or entity.
No WeMakeItSafer, Inc. Obligation to Monitor. WeMakeItSafer, Inc. has no obligation to edit, monitor or screen Posted Content and is not responsible for the content in, or linked to or from, Posted Content. WeMakeItSafer, Inc. may examine Posted Content for adherence to the Agreement and remove any materials that may be objectionable or violate the Agreement.
Commercial Use Prohibited. Services on WeMakeItSafer.com that allow User to contact, communicate or interact with other users, WeMakeItSafer, Inc. affiliates and customers are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Content delivered through WeMakeItSafer.com without the express written permission of WeMakeItSafer, Inc.
No Legal Advice or Medical Advice; No Practice of Law or Medicine.
Content provided by WeMakeItSafer, Inc. is for informational purposes only and is not to be considered as legal or medical advice. Therefore, you should not rely upon any information published on WeMakeItSafer.com or by other services offered by or for WeMakeItSafer for any purpose without seeking legal advice from a duly licensed, competent attorney, and/or medical advice from a licensed, competent physician.
User acknowledges that under no circumstances is WeMakeItSafer, Inc., its agents, affiliates or customers, providing legal or medical advice or representation through WeMakeItSafer.com, and that nothing on WeMakeItSafer.com is intended as a substitute for legal advice from an licensed attorney or medical advice from an licensed physician.
Information Provided
At this time, WeMakeItSafer tracks information associated with US consumer product recalls as issued by the CPSC since 1999. Information about recalls related to Motor Vehicles (including car seats), Boats, FDA and EPA items are not currently supported by WeMakeItSafer and can be found by following the links inline. Results provide by search, identification, scanning, monitoring and alert tools, including but not limited to Recall Search, Inventory Checker and Marketplace Solutions, rely on data available in the recall announcements, the data provided by the User, and algorithms that analyze these data. The government agencies from which data is obtained do not guarantee their data to be complete or accurate. In addition, WeMakeItSafer manipulates data both electronically and manually which, while designed to fix problems in government data, could introduce error. Furthermore, data entered by the User cannot be guaranteed to accurately reflect the characteristics of particular product and errors in User data entry will adversely affect results. Results are offered “as is,” for information purposes only, and cannot be guaranteed in any way.
Third Party Content.
Third party content, messages and services may appear on WeMakeItSafer.com or may be accessible through links from WeMakeItSafer.com. WeMakeItSafer, Inc. is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from WeMakeItSafer.com. User acknowledges that the information and opinions in the third party content are neither endorsed by WeMakeItSafer, Inc. and may not reflect the beliefs of WeMakeItSafer, Inc.
Advertisers & Sponsors.
User acknowledges that WeMakeItSafer.com may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on WeMakeItSafer.com is accurate and complies with any and all applicable laws. User agrees that WeMakeItSafer, Inc. will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.
Consulting Services
User may contact WeMakeItSafer, Inc. to request consulting services. User understands and acknowledges that Consultants whose services may be offered through WeMakeItSafer, Inc. are Independent Contractors and not employees of WeMakeItSafer.com. User will be fully informed of independent status before contracting such services and will have the right to engage or not engage Independent Consultants. The engagement of Independent Consultants will be governed by this Agreement and by a separate Service Contract between the User and the Consultant. In such capacity, WeMakeItSafer, Inc. will act as an administrative facilitator of the engagement and may provide services such as message forwarding, invoicing and payment collection.
DISCLAIMER OF WARRANTIES
ANY AND ALL INFORMATION, CONTENT, TOOLS OR SERVICES OFFERED BY OR THROUGH WEMAKEITSAFER, INC., including but not limited to product data, company ratings, reports, recall alert, search and monitoring services, ARE PROVIDED "AS IS," WITHOUT GUARANTEE OF ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. Information, content, tools or services may not reflect the most current developments and are subject to change at any time. WeMakeItSafer, Inc., including its employees, officers, directors, affiliates and/or contributors expressly disclaim all warranties, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. WeMakeItSafer, Inc. FURTHER disclaims all liability with respect to actions taken or not taken based upon information EXPRESSED OR IMPLIED or with respect to any errors or omissions in such information. WeMakeItSafer, Inc. makes no warranty that access to WeMakeItSafer.com or any portion thereof, including tools, services and widgets, will be uninterrupted, secure, complete, error free, or that defects will be corrected. WeMakeItSafer, Inc., including its employees, officers, directors, affiliates and/or contributors, disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) the access or use of WeMakeItSafer.com, including both WeMakeItSafer, Inc. and third party content, tools and services delivered through WeMakeItSafer.com or other outlets such as widgets, (b) the access or use of third party web sites and content or services therein through links in WeMakeItSafer.com or other outlets, (c) the unavailability of WeMakeItSafer.com or any portion thereof, or (d) user's use of equipment and software in connection with access and use of WeMakeItSafer.com or its tools or services. THE ENTIRE RISK AS TO USE, RESULTS OF USE AND THE PERFORMANCE OF DATA, INFORMATION, TOOLS AND SERVICES IS HEREBY ASSUMED BY USER.
LIMITATION OF LIABILITY
Remedy. User's exclusive remedy for WeMakeItSafer, Inc.’s, its employees, officers, directors, affiliates and/or contributors' entire liability under this Agreement, if any, for any claim for damages, whether directly or which are made against them, individually or jointly, whether based in contract or negligence or otherwise, shall be limited to the aggregate amount of charges paid by user relative to the specific WeMakeItSafer, Inc. feature which is the basis of the claim during the 12 month period preceding the event giving rise to such claim. In no event shall WeMakeItSafer, Inc., its employees, officers, directors, affiliates and/or contributors be liable to User for any claim relating in any way to (a) User's inability or failure to use WeMakeItSafer.com, its tools or it services properly or completely, even if assisted by WeMakeItSafer, Inc., its affiliates or contributors, or (b) any decision made or action taken or not taken by User in reliance upon WeMakeItSafer, Inc. information, tools or services; or (c) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to user's rights under this agreement or use of, or inability to use WeMakeItSafer.com, even if WeMakeItSafer, Inc., its affiliates and/or contributors have been advised of the possibility of such damages. WeMakeItSafer, Inc. shall have no liability whatsoever to user for any claim relating in any way to any third party content or feature.
Limitation of Claims. No claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
Modifications to Terms of Use
WeMakeItSafer, Inc. reserves the right to modify this Agreement at any time. Updated versions of the Terms and Conditions of Use will appear on WeMakeItSafer.com and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Use/Service. Continued use of WeMakeItSafer.com by User after any such modification of this Agreement constitutes User's assent to such modifications.
Transfer and Reassignment of Agreement
In the event that WeMakeItSafer, Inc., or a portion thereof, is acquired by or merged with a third party entity, WeMakeitSafer, Inc. reserves the right, to transfer or assign the information submitted by Users as part of such merger, acquisition, sale, or other change of control. This Agreement may in whole or in part be transferred to the third party entity or may be terminated without prior notice.
Entire Agreement
This Agreement embodies the entire understanding between User and WeMakeItSafer, Inc. with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.
Force Majeure
WeMakeItSafer, Inc.'s performance under these Terms of Use/Service are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
Severability
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
General Provisions
This Agreement will be governed by and construed under the law of the state of California, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Alameda County, California will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts.
Questions or Concerns
Please email questions or concerns to: Legal@WeMakeItSafer.com
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