Terms and Conditions
Accepting the Terms
By using the information, tools, features and functionality offered on TheSafetyTag.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the TheSafetyTag.com website) or you are a “Member” (which means that you have registered with Safety Tag). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Safety Tag (over 18 years of age.)
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of an individual, company or entity that you have the authority to bind such individual or entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and Personal Information
For information about Safety Tag’s data protection practices, please read Safety Tag’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Safety Tag treats your personal information when you access TheSafetyTag.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal information organization management service that allows Members to consolidate and track their personal information on TheSafetyTag.com. Based on such information, the Service may also present information relating to third party products or services (“Safety Tag Offers”).
The Service is provided to you by Safety Tag for a fee (see pricing) and is meant as an aid to assist coaches or parents in aiding medical professionals with emergency situations. It does not and is not intended to provide medical advice.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Safety Tag immediately at the email address – info@TheSafetyTag.com.
Your Use of the Service
Your right to access and use TheSafetyTag.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use TheSafetyTag.com for lawful purposes.
Accurate records enable Safety Tag to provide the Service to you and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of TheSafetyTag.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of TheSafetyTag.com or other actions that Safety Tag, in its sole discretion, may elect to take.
Safety Tag may terminate your right to use the Service at any time if you fail to abide by the terms of this Agreement. All Users shall be responsible and shall be held accountable for any and all actions taken by the User.
Online and Mobile Alerts
Safety Tag may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Safety Tag account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages to help you organize your personal information. Safety Tag may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for TheSafetyTag.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your TheSafetyTag.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as a birthday, calendar date or general data can be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Safety Tag through the Service, you are licensing that content to Safety Tag solely for the purpose of providing the Service. Safety Tag may use and store the content, but only to provide the Service to you. By submitting this content to Safety Tag, you represent that you are entitled to submit it to Safety Tag for use for this purpose, without any obligation by Safety Tag to pay any fees or other limitations.
By using the Service, you expressly authorize Safety Tag to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add site” future feature of the Service, you will be directly connected to the website for the third party you have identified. Safety Tag will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit Safety Tag to use and store information submitted by you to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information, a good example of such a service is LinkedIn.
For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Safety Tag a limited power of attorney, and appoint Safety Tag as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN Safety Tag IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, Safety Tag IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
Safety Tag’s Intellectual Property Rights
The contents of TheSafetyTag.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of TheSafetyTag.com belong or are licensed to Safety Tag or its software or content suppliers. Safety Tag grants you the right to view and use TheSafetyTag.com subject to these terms. You may download or print a copy of information provided on TheSafetyTag.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from TheSafetyTag.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor TheSafetyTag.com or any portion of TheSafetyTag.com, without Safety Tag’s express written consent, which may be withheld in Safety Tag’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search TheSafetyTag.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of TheSafetyTag.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of TheSafetyTag.com or the Service.
Rules for Posting
As part of the Service, Safety Tag allows Members to post content on bulletin boards, blogs and at various other publicly available locations on TheSafetyTag.com. In addition, you agree in posting content to follow certain rules.
You are responsible for all content you submit to TheSafetyTag.com, which includes, but is not limited to pictures, text, data, images and other forms of media.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and/or perform all or any portion of the content in connection with TheSafetyTag.com and our business, including without limitation, for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each User a non-exclusive license to access your posted content through TheSafetyTag.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of TheSafetyTag.com and under this Agreement.
You may not post any content or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that is or encourages conduct that would be considered a criminal offense, gives rise to any civil liability or violates any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of TheSafetyTag.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of TheSafetyTag.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
Safety Tag retains the right, but is not obligated, to review, edit or delete any content which we deem to be illegal, offensive or inappropriate.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH TheSafetyTag.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Safety Tag MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF TheSafetyTag.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Safety Tag MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON TheSafetyTag.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Safety Tag MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not Medical Advice; U.S. Use Only
The Safety Tag Health section does not offer medical advice. Any content accessed through the Health section is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through Google Health. Call 911 or your doctor for all medical emergencies.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Safety Tag does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Safety Tag shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Safety Tag’s Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BY NOT LIMITED TO NEGLIGENCE, SHALL SAFETY TAG BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING BY NOT LIMITED TO ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO TheSafetyTag.com, OR INABILITY TO ACCESS OR USE TheSafetyTag.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SAFETY TAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SAFETY TAG SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY VIRUSES, INFECTIONS OR OTHER CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE, OR TheSafetyTag.com. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SAFETY TAG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS
Your Indemnification of Safety Tag
You shall defend, indemnify and hold harmless Safety Tag and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to: (a) any breach of this Agreement by you, (b) your use of the Service, your account and your submission of content, and/or (c) any violation of any law by you or the rights of a third party. We reserve the right to assume the exclusive defense and control of any claim, action or other matter subject to indemnification by you.
Safety Tag may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the TheSafetyTag.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Safety Tag under this Agreement, shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict or choice of laws provisions. You agree to submit to the personal jurisdiction of Pennsylvania. Any dispute with Safety Tag, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the court system located within Philadelphia County, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Safety Tag may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Safety Tag is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Safety Tag, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Safety Tag does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Safety Tag has the benefit of under any applicable law), this will not be taken to be a formal waiver of Safety Tag’s rights and that those rights or remedies will still be available to Safety Tag.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.