Last Updated: 06/06/2023
Welcome to SafeButler!
Welcome to the SafeButler Inc. (SafeButler)'s website located at https://safebutler.com (the "Site"). These Terms of Service (“Terms”), together with the Privacy Policy and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, constitutes an agreement between you (“you”) and SAFEBUTLER, INC. dba INSURANCE BUTLER INSURANCE SERVICES (incorporated in the State of Delaware, hereinafter referred to as “SafeButler,” “we,” or “us”).
Please read these Terms and our Privacy Policy (https://safebutler.com/policy) (“Privacy Policy”) carefully because they govern your use of our Site and our automated insurance shopping services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Privacy Policy.
Please refer to our Privacy Policy https://safebutler.com/policy)
for information on how we collect, use and disclose information from our
users. You
acknowledge and
agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS
YOU ARE AGREEING
(WITH LIMITED
EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SAFEBUTLER THROUGH
BINDING, INDIVIDUAL
ARBITRATION
RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE
RESOLUTION FOR
CONSUMERS”
BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT
OF ARBITRATION).
Changes to Terms or Services.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 19(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
(a) Eligibility. You may use the Services
only if you are
18
years or older and capable of forming a binding contract with SafeButler and
are not barred
from using
the Services under applicable law.
(b) Registration and Your
Information. If you want to
use certain
features of the Services you’ll have to create an account (“Account”).
You
can do this
via the Site or through your account with certain third-party social
networking services
such as
Facebook or Twitter (each, an “SNS Account”). If you choose the
SNS Account
option we’ll
create your Account by extracting from your SNS Account certain personal
information such as
your name
and email address and other personal information that your privacy settings
on the SNS
Account permit us
to access.
(c) Accuracy of Account Information.
It’s
important that
you provide us with accurate, complete and up-to-date information for your
Account and you
agree to
update such information to keep it accurate, complete and up-to-date. If you
don’t, we
might have
to suspend or terminate your Account. You agree that you won’t
disclose your Account
password to
anyone and you’ll notify us immediately of any unauthorized use of
your Account. You’re
responsible for all activities that occur under your Account, whether or not
you authorized
them or know
about them.
(d) Network access and devices. You
will be solely
responsible
for acquiring and maintaining all telecommunications and Internet services
and other
compatible hardware
and software required to access and use the Services, including, without
limitation, for any
and all
costs, fees, expenses, and taxes of any kind related to the foregoing.
Important Notices and Disclosures
(a) Insurance products. SafeButler is a
licensed
California
insurance agency (license number
0L85626).
Eligible individuals may purchase certain
insurance products through the Services. Insurance products are only
available to people in
those
jurisdictions in which they may be legally sold.
(b) Electronic Communications. As
part of the
Services we
provide, you may (if enabled) receive notifications, alerts or other types
of messages via
text message,
email or the messaging functionality provided by the Services (“Messages”).
You
have control
over the Messages settings, and can opt in or out of these Messages (with
the exception of
infrequent,
important service announcements and administrative messages) either through
your Account or
by following
the unsubscribe instructions provided in the Message you receive. Please be
aware that third
party
messaging fees may apply for some of the Messages depending on the message
plan you have
with your
wireless carrier.
By using our Services and providing your cellular phone number, you are
agreeing to
receive Message
communications from us, and you specifically authorize SafeButler and its
affiliates and
agents to send
text messages or calls to your cellular phone. You agree that all
communications from
us relating
to the products and services, including insurance products, offered through
the Services,
may be
provided or made available to you electronically by email, text, or through
the Services.
You further
agree that we may accept an electronic signature from you, and that this
electronic
signature will have
the same effect as a physical non-electronic signature and will appear on
all records
related to the
provision of any such products and services. Your consent also applies to
all communications
and
information that we receive from you. Your consent is voluntary and, if you
consent, you
still have the
right to receive a free paper copy of any communication by contacting us.
(c) Withdrawing consent. You may
withdraw your
consent to receive
communications electronically and to use an electronic signature at any
time. To withdraw
your consent
to do business electronically, please send us a written notice by email
(legal@safebutler.com) or U.S.
mail (3300 Central Expressway, Suite B, Santa Clara, CA 95051, Attn: Legal).
(d) Internet and Telecommunications.
You
acknowledge and
agree that the internet and communications over it may not be absolutely
secure and that
connecting to
it provides the opportunity for unauthorized access to computer systems,
networks, and all
data stored
therein. You should back up all your data to protect it; we will not be
responsible for any
loss or
corruption of data, lost communications, or any other loss or damage of any
kind arising
from any such
telecommunications and Internet services.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@safebutler.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights.
For purposes of these Terms: (i) “Content”
means text, graphics, images, works of authorship of any kind, and
information or
other materials
that are posted, generated, provided or otherwise made available through the
Services; and
(ii) “User
Content” means any Content (including Your Data) that Account holders
(including you)
provide to
be made available through the Services, whether by providing such data
themselves or by
authorizing
SafeButler to collect such data from certain third parties.
(a) Content Ownership, Responsibility
and Removal.
SafeButler
does not claim any ownership rights in any User Content and nothing in these
Terms will be
deemed to
restrict any rights that you may have to use and exploit your User Content.
Subject to the
foregoing,
SafeButler and its licensors exclusively own all right, title and interest
in and to the
Services and
Content, including all associated intellectual property rights. You
acknowledge that the
Services and
Content are protected by copyright, trademark, and other laws of the United
States and
foreign
countries. You agree not to remove, alter or obscure any copyright,
trademark, service mark
or other
proprietary rights notices incorporated in or accompanying the Services or
Content.
(b) Rights in User Content Granted by
You. By
making any
User Content available through the Services you hereby grant to SafeButler a
non-exclusive,
transferable, worldwide, royalty-free license, with the right to sublicense,
to use, copy,
modify,
create derivative works based upon, publicly display, publicly perform and
distribute your
User Content
in connection with operating and providing the Services (including the
products and services
offered via
our Services) to you.
(c) Responsibility for User Content.
You are solely
responsible
for all your User Content. You represent and warrant that: (i) you own all
your User Content
or you have
all rights that are necessary to grant us the license rights in your User
Content under
these Terms, and
(ii) neither your User Content, nor your use and provision of your User
Content to be made
available
through the Services, nor any use of your User Content by SafeButler on or
through the
Services will
infringe, misappropriate or violate a third party’s intellectual
property rights, or
rights of
publicity or privacy, or result in the violation of any applicable law or
regulation.
(d) Removal of User Content. You can
remove your User
Content by
specifically deleting it. However, in certain instances, some of your User
Content may not
be completely
removed and copies of your User Content may continue to exist on the
Services. We are not
responsible or
liable for the removal or deletion of (or the failure to remove or delete)
any of your User
Content.
(e) Rights in Content Granted by
SafeButler. Subject
to your
compliance with these Terms, SafeButler grants to you a limited,
non-exclusive,
non-transferable
license, with no right to sublicense, download, view, copy, display and
print the Content
solely in
connection with your permitted use of the Services and solely for your
personal and
non-commercial
purposes.
Rights and Terms for Apps.
(a) Rights in App Granted by SafeButler.
Subject to your
compliance with these Terms, SafeButler grants to you a limited
non-exclusive,
non-transferable license,
with no right to sublicense, to download and install a copy of the App on a
mobile device or
computer
that you own or control and to run such copy of the App solely for your own
personal
non-commercial
purposes. You may not copy the App, except for making a reasonable number of
copies for
backup or
archival purposes. Except as expressly permitted in these Terms, you may
not: (i) copy,
modify or create
derivative works based on the App; (ii) distribute, transfer, sublicense,
lease, lend or
rent the App to
any third party; (iii) reverse engineer, decompile or disassemble the App;
or (iv) make the
functionality of the App available to multiple users through any means.
SafeButler reserves
all rights
in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The
following terms
apply to
any App accessed through or downloaded from any app store or distribution
platform (like the
Apple App
Store or Google Play) where the App may now or in the future be made
available (each an
“App
Provider”). You acknowledge and agree that:
• These Terms are concluded
between you and
SafeButler, and
not with the App Provider, and SafeButler (not the App Provider), is solely
responsible for
the App.
• The App Provider has no
obligation to furnish
any
maintenance and support services with respect to the App.
• In the event of any failure of
the App to
conform to any
applicable warranty, you may notify the App Provider, and the App Provider
will refund the
purchase
price for the App to you (if applicable) and, to the maximum extent
permitted by applicable
law, the App
Provider will have no other warranty obligation whatsoever with respect to
the App. Any
other claims,
losses, liabilities, damages, costs or expenses attributable to any failure
to conform to
any warranty
will be the sole responsibility of SafeButler.
• The App Provider is not
responsible for
addressing any
claims you have or any claims of any third party relating to the App or your
possession and
use of the
App, including, but not limited to: (i) product liability claims; (ii) any
claim that the
App fails to
conform to any applicable legal or regulatory requirement; and (iii) claims
arising under
consumer
protection or similar legislation.
• In the event of any third
party claim that the
App or your
possession and use of that App infringes that third party’s
intellectual property
rights,
SafeButler will be solely responsible for the investigation, defense,
settlement and
discharge of any
such intellectual property infringement claim to the extent required by
these Terms.
• The App Provider, and its
subsidiaries, are
third-party
beneficiaries of these Terms as related to your license to the App, and
that, upon your
acceptance of
the Terms, the App Provider will have the right (and will be deemed to have
accepted the
right) to
enforce these Terms as related to your license of the App against you as a
third-party
beneficiary
thereof.
• You represent and warrant that
(i) you are not
located in
a country that is subject to a U.S. Government embargo, or that has been
designated by the
U.S.
Government as a terrorist-supporting country; and (ii) you are not listed on
any U.S.
Government list of
prohibited or restricted parties.
• You must also comply with all
applicable third
party terms
of service when using the App.
General Prohibitions and SafeButler’s Enforcement Rights.
You agree
not to do any of the following:
(a) Post, upload, publish, submit or
transmit any
User Content
that: (i) infringes, misappropriates or violates a third party’s
patent, copyright,
trademark,
trade secret, moral rights or other intellectual property rights, or rights
of publicity or
privacy;
(ii) violates, or encourages any conduct that would violate, any applicable
law or
regulation or would
give rise to civil liability; (iii) is fraudulent, false, misleading or
deceptive; or (iv)
promotes
illegal or harmful activities or substances;
(b) Use, display, mirror or frame the
Services or any
individual
element within the Services, SafeButler’s name, any SafeButler
trademark, logo or
other
proprietary information, or the layout and design of any page or form
contained on a page,
without
SafeButler’s express written consent;
(c) Access, tamper with, or use
non-public areas of
the Services,
SafeButler’s computer systems, or the technical delivery systems of
SafeButler’s
providers;
(d) Avoid, bypass, remove,
deactivate, impair,
descramble or
otherwise circumvent any technological measure implemented by SafeButler or
any of
SafeButler’s
providers or any other third party (including another user) to protect the
Services or
Content;
(e) Attempt to access or search the
Services or
download Content
from the Services through the use of any engine, software, tool, agent,
device or mechanism
(including
spiders, robots, crawlers, data mining tools or the like) other than the
software and/or
search agents
provided by SafeButler or other generally available third-party web
browsers;
(f) Send any unsolicited or
unauthorized
advertising,
promotional materials, email, junk mail, spam, chain letters or other form
of solicitation;
(g) Use any meta tags or other hidden
text or
metadata utilizing
a SafeButler trademark, logo URL or product name without SafeButler’s
express written
consent;
(h) Use the Services or any portion
thereof, for any
commercial
purpose or for the benefit of any third party or in any manner not permitted
by these Terms;
(i) Forge any TCP/IP packet
header or any part
of the
header information in any email or newsgroup posting, or in any way use the
Services to send
altered,
deceptive or false source-identifying information;
(j) Attempt to decipher,
decompile,
disassemble or reverse
engineer any of the software used to provide the Services;
(k) Interfere with, or attempt to
interfere with, the
access of
any user, host or network, including, without limitation, sending a virus,
overloading,
flooding,
spamming, or mail-bombing the Services;
(l) Collect or store any
personally
identifiable
information from the Services from other users of the Services without their
express
permission;
(m) Impersonate or misrepresent your
affiliation with any
person or
entity;
(n) Violate any applicable law or
regulation; or
(o) Encourage or enable any other
individual to do
any of the
foregoing.
Although we’re not obligated to monitor access to or use of the
Services or to
review or edit
any Content, we have the right to do so for the purpose of operating the
Services, to ensure
compliance
with these Terms and to comply with applicable law or other legal
requirements. We reserve
the right,
but are not obligated, to remove or disable access to any Content (including
your User
Content), at any
time and without notice, including, but not limited to, if we, at our sole
discretion,
consider any
Content to be objectionable or in violation of these Terms. We have the
right to investigate
violations
of these Terms or conduct that affects the Services including, consulting
and cooperating
with law
enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy.
SafeButler respects copyright law and expects its users to do the same. It is SafeButler’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SafeButler’s Copyright and IP Policy, for further information.
Payment for Transactions with Third Party Providers.
Whenever you buy a new insurance policy through our Services, or otherwise enter into a transaction which requires payment via the Services (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification, or other payment information (each such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction (or authorize us to initiate a Transaction on your behalf), you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You agree to indemnify us from any liabilities arising from any such Transactions.
Links to Third-Party Resources or Websites
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Disclaimer
(a) THE SERVICES ARE PROVIDED ON AN
“AS IS,”
“AS
AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY
WARRANTIES OR
CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN
RISK. WE DO NOT
PROVIDE, AND
SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR
ANY OTHER PERSON
OR ENTITY,
INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF: (I)
MERCHANTABILITY OR
FITNESS FOR A
PARTICULAR PURPOSE; (II) ACCURACY OR RELIABILITY WITH RESPECT TO THE
FEATURES OF THE
SERVICES; (III)
NON-INFRINGEMENT; (IV) QUIET ENJOYMENT; (V) TITLE; (VI) THAT THE SERVICES
WILL OPERATE ERROR
FREE, OR IN
AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SERVICES
WILL BE
CORRECTED; OR (VIII)
THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
SAFEBUTLER DOES
NOT GUARANTEE
THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR
THEIR GOODS OR
SERVICES. YOU
AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY
SERVICE OR
PRODUCTS
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
EXTENT PERMITTED
UNDER
APPLICABLE LAW.
(b) [THE SERVICES ARE ONLY A MEDIUM
BY WHICH YOU CAN
SEE
ALTERNATE OPTIONS FOR INSURANCE PRODUCTS AND SERVICES, AND THAT FACILITATES
YOUR PROCESS FOR
CHOOSING
AND ENROLLING IN INSURANCE POLICIES THAT – YOU DECIDE- ARE BETTER
SUITED FOR YOU. BUT
THE ULTIMATE
DECISION ABOUT WHICH INSURANCE TO ENROLL INTO IS YOURS – AND YOURS
ALONE.] WE DO NOT
PROVIDE YOU
ANY LEGAL, REGULATORY, ACCOUNTING, INSURANCE OR TAX ADVICE THROUGH THE
SERVICES OR
OTHERWISE. YOU MUST
RELY SOLELY UPON YOUR OWN ADVISORS WITH RESPECT TO SUCH ADVICE. FURTHER, THE
INFORMATION WE
PROVIDE IS
NOT INSURANCE ADVICE. ANY INSURANCE PURCHASING DECISIONS SUCH AS COVERAGES
(E.G., AMOUNTS),
LIMITS, AND
DEDUCTIBLES ARE SOLELY THE RESPONSIBILITY OF THE INSURED. SAFEBUTLER IS NOT
RESPONSIBLE FOR
DETERMINING
THE SUITABILITY OF INSURANCE COVERAGES ACQUIRED THROUGH THE SERVICES. WE
ALSO DO NOT
DIRECTLY SELL OR
OFFER ANY INSURANCE POLICIES, BUT MERELY PROVIDE YOU INFORMATION ABOUT, AND
ACCESS TO,
VARIOUS THIRD
PARTY INSURANCE PRODUCTS AND SERVICES SOLD BY THIRD PARTY INSURANCE
PROVIDERS.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL SAFEBUTLER (OR ITS STOCKHOLDERS, AFFILIATES,
LICENSORS, PARTNERS,
MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS AND CONTENT
PROVIDERS
(COLLECTIVELY, "MEMBERS")) BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY,
WHETHER IN AN
ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE,
INCLUDING WITHOUT
LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR
PROPERTY DAMAGE,
WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAFEBUTLER AND
MEMBERS DO NOT
ACCEPT ANY
LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN
CONNECTION WITH
THE SERVICES.
NEITHER SAFEBUTLER (NOR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS,
PARTNERS, MEMBERS,
DIRECTORS,
MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT
PROVIDERS
(COLLECTIVELY, "MEMBERS"))
WILL BE LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR
LIABILITIES ARISING
IN
CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE, OMISSION OF, OR
DISPUTE WITH, ANY
THIRD PARTY
PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY
PROVIDER). THE
SERVICES
MERELY CONNECT USERS WITH THIRD PARTY PROVIDERS SUCH AS INSURANCE COMPANIES
OR CARRIERS.
SAFEBUTLER IS
NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANY SUCH THIRD
PARTY PROVIDER,
AND WE ARE
NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY
THIRD PARTY
PROVIDER TO
PROVIDE YOU RELEVANT PRODUCTS OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE
SAFEBUTLER FROM
ANY AND ALL
LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND
AND NATURE,
KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM
OR IN ANY WAY
RELATED TO ANY
THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE
BETWEEN YOU AND ANY
THIRD PARTY
PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS
ENTIRELY THE
RESPONSIBILITY OF
THE THIRD PARTY PROVIDER AND YOUR AGREEMENT OR RELATIONSHIP WITH SUCH THIRD
PARTIES. YOU
UNDERSTAND AND
ACKNOWLEDGE THAT THE SERVICES ONLY PROVIDE YOU DIFFERENT INSURANCE CHOICES
THAT OUR
ALGORITHM BELIEVES
MIGHT BE A GOOD OPTION FOR YOU; BUT YOU ALONE MAKE THE CHOICE OF THE
INSURANCE AND THE
INSURANCE
PROVIDER THAT YOU THINK IS THE BEST SUITED FOR YOUR PURPOSES. YOUR USE OF
ANY THIRD PARTY
PROVIDER,
WHETHER UPON THE SUGGESTION OF THE ALGORITHM OF THE SERVICES, OR OTHERWISE,
IS AT YOUR OWN
RISK, AND
NOTHING IN THIS AGREEMENT OR THE SERVICES CONSTITUTES, OR IS MEANT TO
CONSTITUTE, ADVICE OF
ANY KIND. IF
YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, MEDICAL, OR
INSURANCE MATTER YOU
SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF DAMAGES,
SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SAFEBUTLER’S
TOTAL LIABILITY
ARISING OUT
OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE
THE SERVICES OR
CONTENT
EXCEED THE AMOUNTS YOU HAVE PAID TO SAFEBUTLER FOR USE OF THE SERVICES OR
CONTENT IN THE
TWELVE MONTHS
PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY
PAYMENT
OBLIGATIONS TO
SAFEBUTLER, AS APPLICABLE.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING EXCLUSIONS OF DAMAGES AND
LIMITATIONS OF
LIABILITY ARE
AN ESSENTIAL PART OF THE BARGAIN BETWEEN US, AND ARE REASONABLE, GIVEN THE
FEES FOR THE
SERVICES, AND
WILL SURVIVE EVEN IF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT IS FOUND
TO HAVE FAILED
OF ITS
ESSENTIAL PURPOSE.
Indemnification
You will indemnify, defend, and hold SafeButler and its Members harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content (iii) your relationship with any third party providers including, third party insurance providers; (iv) your violation of these Terms or (v) your violation of any applicable law or regulation. You will not settle any such indemnity claim or matter without the prior written consent of SafeButler.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at help@safebutler.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: Sections 1 (Agreement to Terms), 5 (Important Notices and Disclosures), 7 (Feedback), 8 (Content and Content Rights) (to the extent it related to ownership), 12 (Payment for Transactions with Third Party Providers), 13 (Links to Third-Party Resources or Websites), 14 (Disclaimer), 15 (Limitations of Liability), 16 (Indemnification), 17 (Termination), 18 (Governing Law and Forum Choice), 19 (Dispute Resolution for Consumers), and 20 (General Terms). Dispute Resolution
Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and SafeButler are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and SafeButler each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution for Consumers.
(a) Mandatory Arbitration of Disputes. We
each agree that
any
dispute, claim or controversy arising out of or relating to these Terms or
the breach,
termination,
enforcement, interpretation or validity thereof or the use of the Services
or Content
(collectively,
“Disputes”) will be resolved solely by binding, individual
arbitration and not
in a class,
representative or consolidated action or proceeding. However, if for any
reason a Dispute
proceeds in
court rather than in arbitration, you and we each waive any right to a jury
trial.
(b) Exceptions and Opt-out. As
limited exceptions to
Section
19(a) above: (i) you may seek to resolve a Dispute in small claims court If
it qualifies;
and (ii) we
each retain the right to seek injunctive or other equitable relief from a
court to prevent
(or enjoin)
the infringement or misappropriation of our intellectual property rights. In
addition, you
will retain
the right to opt out of arbitration entirely and litigate any Dispute if you
provide us with
written
notice of your desire to do so by email at [insert email] or by regular mail
at [insert
postal address]
within thirty (30) days following the date you first agree to these Terms.
(c) Starting Arbitration. If you want
to begin
arbitrating a
Dispute, you must send a letter to us at the following address PO Box 161 Palo Alto, CA 94302 Attn:
Legal. requesting arbitration and describing the
Dispute. If we want
to begin
arbitrating a Dispute, we’ll send such a letter to you at the email
address or street
address that
you provided.
(d) Conducting Arbitration and
Arbitration Rules. The
arbitration
will be conducted by the American Arbitration Association (“AAA”)
under its
Consumer
Arbitration Rules (the “AAA Rules”) or a comparable arbitral
body (e.g., JAMS),
in the event
the AAA is unable to conduct the arbitration). The AAA Rules are available
at www.adr.org or
by calling
1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g.,
by
videoconference) or
in-person in the county where you live (or at some other location that we
both agree to).
(e) Arbitration Costs. Payment of all
filing,
administration and
arbitrator fees will be governed by the AAA Rules. We’ll pay for all
filing,
administration and
arbitrator fees and expenses if your Dispute is for less than $10,000,
unless the arbitrator
finds your
Dispute frivolous. If we prevail in arbitration we’ll pay all of our
attorneys’
fees and
costs and won’t seek to recover them from you. If you prevail in
arbitration you will
be entitled
to an award of attorneys’ fees and expenses to the extent provided
under applicable
law.
(f) Effect of Changes on
Arbitration.
Notwithstanding the
provisions of Section 3 “Changes to Terms or Services” above, if
SafeButler
changes any of
the terms of this Section 19 “Dispute Resolution” after the date
you first
accepted these
Terms (or accepted any subsequent changes to these Terms), you may reject
any such change by
sending us
written notice (including by email to [email]) within 30 days of the date
such change became
effective,
as indicated in the “Last Updated” date above or in the date of
SafeButler’s
email to
you notifying you of such change. By rejecting any change, you are agreeing
that you will
arbitrate any
Dispute between you and SafeButler in accordance with the terms of this
Section 19 “Dispute
Resolution” as of the date you first accepted these Terms (or accepted
any subsequent
changes to
these Terms).
General Terms.
(a) Entire Agreement. These Terms
constitute the entire
and
exclusive understanding and agreement between SafeButler and you regarding
the Services and
Content, and
these Terms supersede and replace any and all prior oral or written
understandings or
agreements between
SafeButler and you regarding the Services and Content. If any provision of
these Terms is
held invalid
or unenforceable by an arbitrator or a court of competent jurisdiction, that
provision will
be enforced
to the maximum extent permissible and the other provisions of these Terms
will remain in
full force and
effect. You may not assign or transfer these Terms, by operation of law or
otherwise,
without SafeButler’s
prior written consent. Any attempt by you to assign or transfer these Terms,
without such
consent, will
be null. SafeButler may freely assign or transfer these Terms without
restriction. Subject
to the
foregoing, these Terms will bind and inure to the benefit of the parties,
their successors
and permitted
assigns.
(b) Notices. SafeButler may give
notice by means of a
general
notice through the Services, electronic mail to your email address in your
Account, or by
written
communication sent by first class mail or pre-paid post to your address in
your Account.
Such notice
shall be deemed to have been given upon the expiration of 48 hours after
mailing or posting
(if sent by
first class mail or pre-paid post) or 12 hours after sending (if sent by
email). You may
give notice to
SafeButler, with such notice deemed given when received by SafeButler, at
any time by first
class mail
to SafeButler, Inc., PO Box 161 Palo Alto, CA 94302 Attn: Legal.
(c) Waiver of Rights. SafeButler’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SafeButler. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contacting Us
If you have any questions regarding these Terms or our practices, please contact us by email (legal@safebutler.com) or by U.S. mail:
PO Box 161
Palo Alto, CA 94302
Attn:
Legal.