In consideration of the Internet access and services (the “Services”) being provided to you by SafePath™ Products, you agree to the terms and conditions of this Customer Use Agreement (the “Agreement”). Permission to access this information is restricted to people who accept the terms of this agreement. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. SafePath™ Products may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service will be deemed your conclusive acceptance of the modified Agreement.
1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. SafePath™ Products SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL SafePath™ Products BE LIABLE FOR ANY LOSS, LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED BY SafePath™ Products PARTIES OR YOUR ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER KNOWN ON UNKNOWN, AGAINST SafePath™ Products AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (THE ”SafePath™ Products PARTIES”) FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE OR PART BY SafePath™ Products PARTIES AND/OR YOUR USE OF THE SERVICES. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF SafePath™ Products PARTIES, INCLUDING ALL ATTORNEY’S FEES AND COSTS, WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY SafePath™ Products OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING SafePath™ Products’ RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
2. You agree to protect and indemnify SafePath™ Products against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of the access and other services provided by SafePath™ Products.
3. You agree that your username and password and changes to both of these items are your responsibility.
4. SafePath™ Products reserves the right to take whatever actions we deem appropriate to enforce these policies. SafePath™ Products also reserves the right to change these policies without prior notice at any time. The actions SafePath™ Products takes may include account suspension or termination. SafePath™ Products reserves the right to refuse service to anyone at anytime for any reason.
5. You understand that the services provided by SafePath™ Products may be interrupted for several reasons. These include, but are not limited to, malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that it may not be possible for you to receive advance notice of any such interruption of service. SafePath™ Products will not be liable for any delay in or failure to perform the services caused by circumstances beyond its control such as those occasioned by other companies or organizations, acts of God or other causes, or which it could not have reasonably foreseen or any other cause, which similarly impedes the providing of service.
6. You agree that this service is governed by the Laws of the State of California. You agree that the County of Butte will be the forum for any legal action relating to the services provided.
7. Any Internet activity, which references back to SafePath™ Products or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to SafePath™ Products or an account or services provided by SafePath™ Products will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
8. Impersonating another user or otherwise falsifying one’s user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited. You will be held liable for any and all costs incurred by SafePath™ Products as a result of your violation of these terms and conditions.
9. It in the event of any such litigation, the prevailing party will be entitled to collect its reasonable attorneys’ fees and litigation expenses, from the non-prevailing party. In no event will SafePath™ Products be liable to any party for any claim attributable to errors, omissions, or other inaccuracies in the materials or information available on or through our pages.