SafeConnex™ Website Terms of Use

Website Terms of Use

These Terms of Use (‘Terms of Use’) apply to Safeconnex.com any other website on which they are posted, and the Safe Search service (collectively, the ‘Site’), all of which are owned and operated by Intersections Inc. (either ‘we,’ ‘us’ or ‘Intersections’). These Terms of Use set forth legally binding terms that govern and restrict your use of the Site.

YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE.  IF YOU DO NOT AGREE, DO NOT USE THE SITE, REGISTER WITH THE SITE, OR DOWNLOAD ANY SOFTWARE AVAILABLE ON THE SITE.

You understand and agree that the Site is semi-public and provided to you on an AS IS and AS AVAILABLE basis.  We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Site, the accuracy of any opinion or information contained on the Site, or the availability and reliability of any other software offered by us.  The opinions expressed on the Site are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend, or discontinue the Site or any software offered on the Site with or without notice at any time and without any liability to you.

1. Intellectual Property Ownership

The Site contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics (‘Content’). This Content is subject to copyrights owned by Intersections and other individuals or entities and is protected by United States and international copyright laws.

Additionally, the names, trademarks, service marks, and logos of Intersections belong exclusively to Intersections and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners.  The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Intersections or any third party.

2. Use of Intersections  Content

You may use the Site and the Content offered on the Site only for INTERNAL or PERSONAL purposes.  Intersections  authorizes you to view or download a single copy of the material on the Site solely for your internal or personal use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Site to sell a product or service; however, you may use them to obtain information about potentially engaging in business with us. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent.  You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Contributor Disclosure

Certain contributors on the Site are compensated to provide content on topics of interest to the Site’s users. Contributions that contain endorsements of Intersections products or services and are made by individuals with material connections to Intersections will be identified as such. While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products.

The views and opinions expressed within Intersections’ blogs belong purely to the authors. Any product, claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

4. User Submissions, Forums, and Public Areas

Certain places within the Site, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential.  The content and communications posted within these areas is largely controlled by our users.  Intersections, or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications.  Thus, the responsibility for what is posted on these pages of the Site lies with each user — you alone are responsible for material you post.

Neither Intersections nor any third-party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Site.  Therefore, by submitting any such material or communication to the Site, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Site and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party.  By submitting communications or content to any part of the Site, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.

You agree to allow Intersections and all other persons or organizations involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.  Intersections and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Site or your use of the Site in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion.  Intersections  also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

5. User Conduct

Intersections does not control the content or communications of any of the public areas on the Site.  However, Intersections  does have the right, but not the obligation, to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Site and do not otherwise violate these Terms of Use.  Specifically, the following actions will constitute a material breach of these Terms of Use:

  • Attempting to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
  • Posting material that contains your full name(s), or any other confidential identifiable information of yourself or others;
  • Using a public area for any purpose in violation of local, state, federal, or international laws;
  • Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
  • Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Intersections  in its sole discretion;
  • Posting advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Intersections ;
  • Posting chain letters or pyramid schemes;
  • Impersonating another business, person or entity, including Intersections , its related entities, employees and agents;
  • Registering under more than one name and/or e-mail address;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Site, or which, in the judgment of Intersections , exposes Intersections  or any of its customers, partners or suppliers to any liability or detriment of any type; and/or
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).

Users who violate these provisions shall be liable for any claim, action, damage, or harm caused to Intersections, the user and any other injured party.  Furthermore, Intersections may terminate the account of any person who violates these Terms of Use and the rules provided above.  Alternatively, we shall have the right in our sole discretion to edit or remove any material submitted to the Site for any reason, including material that we, in our sole discretion, find to be in violation of the provisions hereof, or otherwise objectionable or stale.

Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages.  You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Site or any communication or posting on the Site.

6. License Grant for Submitted Content

If you make any submission to or communications on the Site, you automatically grant, or warrant that the owner of such content has expressly granted Intersections, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  Intersections may sublicense its rights through multiple tiers of sublicenses.

7. User Responsibilities

You agree that you will provide true, accurate, current, and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy.  Further, you agree not to use any facilities or resources available on or through the Site to perpetrate prohibited conduct, whether against Intersections, or any other third party.  Examples of prohibited conduct include, but are not limited to fraud, unsolicited advertising, contact initiated to harm the business of Intersections , or other communication that creates a nuisance or is otherwise offensive to the recipient or Intersections .  If you engage in prohibited conduct and/or if your behavior is deemed, in the discretion of the employees, management or staff of Intersections  to be harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or if Intersections  has reason to believe such information is untrue, inaccurate, not current or incomplete, Intersections  has the right to suspend or terminate your account and refuse you any or all current and future use of the Site, or the services Intersections  offers, without any further obligation to you, other than as provided in these Terms of Use.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service, mobile airtime, or mobile data charges).  You are responsible for those fees and any equipment necessary to access the Site. 

8. Disclaimer of Warranties

THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED ‘AS IS.’  INTERSECTIONS  MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW.  INTERSECTIONS DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INTERSECTIONS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Intersections, its partners, advertisers, and sponsors.  Accordingly, Intersections assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.  WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES.  WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS.  WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, INTERSECTIONS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE.  UNDER NO CIRCUMSTANCES WILL INTERSECTIONS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.

9. Limitation of Liability

In no event shall Intersections , its affiliates, partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Intersections  is advised of the possibility of such damages. Intersections is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content, or public areas.

IN NO EVENT SHALL LIABILITY FOR DAMAGES ARISING OUT OF THIS TERMS OF USE EXCEED THE FEES PAID BY YOU FOR USE OF THE SITE OR THE SOFTWARE.  THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.

10. Export Control

You acknowledge that the Site includes encryption software that may be subject to export and/or use controls. Accordingly, you may not use, download or otherwise export or re-export the software except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported (a) into any U.S. embargoed countries (Countries listed in Part 746 of the EAR as embargoed destinations currently include Cuba, Iran, North Korea, Sudan, and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the site or any software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use this Site or software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

11. Indemnification

By using the Site you agree to indemnify and hold Intersections , its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.

12. Passwords

Registration as a user or subscriber with the Site may require both a user name and a password, and certain portions of the Site may require use of multiple one time or persistent passwords.  You should consider your user names and passwords as confidential information.  Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Site and to your account.  You must keep your user name and password confidential.  You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.  We reserve the right to delete or change a user name or password at any time and for any reason.

13. Privacy

We collect personal information on the Site, which are subject to the terms of our Privacy Policy, located at www.identityguard.com/safeconnex/privacy-policy.

14. Children and Teens

The Site is not intended for use by persons under the age of 18.  By submitting information to the Site, you warrant that you are at least 18 years old or older.

15. Third-Party Content and Links to External Websites

The Site may contain content from third parties and links to third-party websites.  We are not responsible for the availability of these external sites nor do we endorse or review the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

16. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.

Please provide the following information to our Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

17. Limitation on Lawsuits; Binding Arbitration; & Waiver of Jury Trial

These Terms of Use are governed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.  Any controversy, claim or dispute arising out of or relating to these Terms of Use, shall be settled solely and exclusively by individual binding arbitration in Virginia.  Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association.  Each party shall bear its own attorneys fees and expenses.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive.  All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms of Use.  The arbitrator shall be required to follow applicable law.  You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.

IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.  You and Intersections  (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms of Use shall be brought in the federal and state courts of record located in the Commonwealth of Virginia; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms of Use are performed in the Commonwealth of Virginia and shall be governed by the laws of Virginia.

You and Intersections  both agree that no lawsuit dispute or any other legal proceeding  connected with these Terms of Use shall be brought or filed more than one year after the incident giving rise to the claim occurred.  PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Intersections will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Termination

Subject to the terms of this provision, you may terminate your relationship with Intersections by closing your account and paying any and all outstanding balances owed by you to us under the terms of your service, and by ceasing any and all use of the Site.  In addition and without prejudice to any other legal or equitable remedies available, Intersections may terminate your right to use the Site and/or services at any time and for any reason whatsoever.  Further, we shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.  The provisions of Sections 1, 2, 6, 8, 9, 10, and 16 shall survive termination of this agreement.

Effective Date: 02/18/2014

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