Terms & Conditions
The following are the terms and conditions for use of the Safe in the Seat online course described herein (the "Service") between Safe in the Seat and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You"). Please read them carefully. BY FILLING OUT THE INFORMATION FORM AND/OR BY SUBMITTING PAYMENT FOR THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
MEMBER ACCOUNT, PASSWORD, AND SECURITY . To register for the Service, You must complete the registration process by providing Safe in the Seat with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You shall protect your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify Safe in the Seat immediately upon learning of any unauthorized use of Your Account or any other breach of security. From time to time, Safe in the Seat’s support staff may log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. You hereby acknowledge and consent to such access.
NONEXCLUSIVE LICENSE . Safe in the Seat hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to view video files that reside on www.safeintheseat.com (collectively, the "Website"). Subject to the terms and conditions of this Agreement, You may remotely access and view Online Course. Your license of, use of and access to the Safe in the Seat Online Course (which may include, without limitation, the additional related Documentation) is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:
- "Account" refers to the billing account for the Service.
- "Documentation" means any accompanying documentation made available to You by Safe in the Seat for use with the Online Course, including any documentation available online or otherwise.
- "Online Course" means the course content that is provided by Safe in the Seat.
CONFIDENTIALITY . "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your password(s) and user name(s) issued to You by Safe in the Seat, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify Safe in the Seat of any unauthorized use of Your account or any other breach of security known to You.
INFORMATION RIGHTS AND PUBLICITY. Safe in the Seat may retain and use information collected in Your use of the Service. Safe in the Seat will not share information associated with You or your Site with any third parties unless Safe in the Seat (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Safe in the Seat, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Safe in the Seat’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Safe in the Seat.
PRIVACY. You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Online Course or Documentation supplied by Safe in the Seat or stored on the Safe in the Seat (or related) websites.
INDEMNIFICATION . You agree to indemnify, hold harmless and defend Safe in the Seat, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Safe in the Seat or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Safe in the Seat or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, or (iii) Your violations of applicable laws, rules or regulations in connection with the Service. In such a case, Safe in the Seat will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Safe in the Seat reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
DISCLAIMER OF WARRANTIES . SAFE IN THE SEAT SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNDER NO CIRCUMSTANCES WILL SAFE IN THE SEAT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS SITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFE IN THE SEAT OR THROUGH OR FROM SAFE IN THE SEAT SERVICES SHALL CREATE ANY WARRANTY. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Safe in the Seat and/or its respective suppliers may make improvements and/or changes in the Service or software at any time, with or without notice. Safe in the Seat does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Online Course or any other software are free of viruses or other harmful components. Safe in the Seat does not warrant or represent that the use of the Service or the Online Course will be correct, accurate, timely or otherwise reliable.
LIMITATION OF LIABILITY. Safe in the Seat WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Safe in the Seat AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
- You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Safe in the Seat training materials; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source file content of the Online Course, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Online Course, the Documentation or the Service; (iv) remove any proprietary notices or labels on the training materials or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the software. You will use the software and the Service solely for Your own use.
- This license will terminate immediately if You fail to comply with the terms of this Agreement. Upon such termination, You must not access www.safeintheseat.com or related services.
SERVICE LEVELS. Safe in the Seat does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Safe in the Seat’s (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Safe in the Seat (or its wholly owned subsidiaries) or Your servers are located or co-located.
PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not limited to the Safe in the Seat Online Course and all intellectual property rights in the Service are, and shall remain, the property of Safe in the Seat. You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Safe in the Seat; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Safe in the Seat (or its wholly owned subsidiaries) other than in the name of Safe in the Seat (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. No refunds for partially completed programs. No refunds for gift cards. In the case of a duplicate purchase, please contact us at [email protected] to apply the value of the gift card towards other resources. Please email us directly from your email account so that you can retain a record of your request. Messages submitted via Instagram or any other social platform will not be processed.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES. Safe in the Seat reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.safeintheseat.com (or such other URL as Safe in the Seat may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Safe in the Seat, (ii) You accept updated terms online, or (iii) You continue to use the Service after Safe in the Seat has posted updates to the Agreement or to any policy governing the Service.
- Safe in the Seat’s (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $500.