Posted: 3.1.2025
Thank you for visiting safeSubscribe.org (“Website”). SafeSubscribe is a software solution for automating state privacy disclosures, responses and management. This Terms of Use (“TOU”) sets forth the terms, conditions, and guidelines for browsing and using www.safesubscribe.org only. Access to our Platform and related services is governed by a separate written contract with our Clients. This TOU constitutes a legally binding contract between the user (“you”), and us for the browsing and use of our Website. Please read carefully before using the Website. By using the Website, you acknowledge that you have read this TOU, understand it, and agree to be bound by its terms, conditions, and guidelines. If you do not agree to be bound by the TOU, you may not browse, view, use, or access our Website. Our Website is operated and offered from our facility in the United States of America. If you access our Website from other jurisdictions, then you do so of your own volition and are solely responsible for compliance with local law.
This TOU contains an agreement to arbitrate all claims, restrict class action participation, limit our liability, and disclaim of warranties and liability. Please review this agreement fully as these items affect your rights and our liability in the event of a dispute between Us.
Incorporation of Privacy Policy.
We are a services provider for third party clients and their state mandated data collection, storage, use and sharing of personal information. In such instances, the Client’s privacy policy will govern all collection, use and sharing of consumer personal information. However, the browsing of Website is governed by our postedPrivacy Policy. The Privacy Policy sets forth our sole obligations with respect to your personal information and privacy. It is incorporated herein by this reference as though fully set forth and your use of our Website constitutes an acceptance of our privacy practices.
Changes to Website, TOU, and Privacy Policy.
We reserve the right to change or delete any information, feature, or functions of our Website without prior notice. We may deny you access to our Website for any reason without prior notice. If you engage in any conduct or activities that we determine, in our sole discretion, violate the TOU, or may affect our legal rights or obligations, or the legal rights of any third-party, or are otherwise inappropriate we will block your use of our Website.
We reserve the right to amend the TOU and the posted Privacy Policy, at any time and for any reason. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Use posted at the time of your visit on our Website will govern our relationship until the next time you visit our Website. At that time, you should check back on this page to determine if our TOU or Privacy Policy have changed as our relationship will be governed by the TOU and Privacy Policy posted on your last date of visiting our Website.
Prohibited User Conduct.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website. You are prohibited from accessing or attempting to access restricted areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
You are prohibited from using any data, content, and any information provided or used on our Website. You are prohibited from using our Website in a manner which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content, or information which contains or promotes any viruses, Trojan horses, worms, time bombs, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate our Website, data, personal information, software, equipment, servers, or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without our prior express written authorization; Modify, publish, transmit, transfer, or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any Website content; or except as otherwise expressly permitted on our Website, use any information you may obtain from our Website, including without limitation, user information to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal, or other means.
You are prohibited from sending bot traffic to this website through one of our Client’s links in order to overwhelm our Client’s processes or our systems. You agree to use the Website only for lawful purposes. Use of the Website in violation of this TOU or any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. WE EXPRESSLY PROHIBIT UNAUTHORIZED THIRD-PARTY LINKING TO OUR WEBSITE.
Intellectual Property Rights.
We own or license all trade marks, graphics, typefaces, trade names, trade dress and logos appearing on the Website are our trademarks or trade dress. And all rights are reserved. You may not make any use of such trademarks or trade dress without our permission. We retain all ownership in and good will associated with such trademarks and trade dress.
Our Website contains other intellectual property owned by us and other parties. As between us and you, We are the sole owner of the Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos, or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit any portion of the Website Content unless you first obtain prior written consent from Us — and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize our Website for other than its intended purposes is strictly prohibited.
Copyright.
We retain all right, title, and interest in and to all content (and all compilations thereof), including without limitation, any text, music, sound, photographs, video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases, or software, which appears on the Website (“Content”). No right, title, or interest to any of the Content is transferred to you by your use of the Website.
You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that: (i) you do not make such Content available to any third-party; and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast, or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Website or its Content. In addition, you agree not to rely on any Content created or posted by Us.
Disclaimer of Warranties.
Except as expressly set forth herein, We are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or the Platform or related services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by Us. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors, or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or its Content.
THE CONTENT ON OUR WEBSITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR PLATFORM, WEBSITE, OR ASSOCIATED SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR WEBSITE AND PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, PLATFORM, AND ASSOCIATED SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, OR THE SERVICES, AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS, OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Disclaimer of Content
We do not guarantee the accuracy, completeness or reliability of information appearing on the Website. The content may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, SERVICE PROVIDERS, OR OTHER THIRD-PARTIES AFFILIATED WITH US, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, PLATFORM, OR RELATED SERVICES, THE RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE WEBSITE, PLATFORM, OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD, OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE-HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution.
You and We each agree that any and all disputes or claims that have arisen or may arise between you and Us relating in any way to or arising out of this or previous versions of this TOU, your use of or access to our Website shall be resolved exclusively through final and binding arbitration, rather than in court.
Arbitration Procedures.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by AAA under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held in a mutually agreed location. If the value of the relief sought is ten thousand dollars ($10,000.00) or less, you or We may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees will be governed by AAA rules, unless otherwise stated in this Agreement to Arbitrate. Arbitration fees shall be split between the Parties. Any request for payment of fees by us should be submitted by mail to AAA along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to AAA.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Governing Law.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Delaware, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Travis County, State of Texas, for all disputes arising out of or related to the use of the Website.
Waiver and Severability of Terms.
The failure by Us to exercise or enforce any right or provision of the Agreement, shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
No License.
Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third-party.
Entire Agreement.
This TOU constitutes the entire agreement between you and Us and governs your use of the Website, superseding any prior agreements. If any part of these TOU is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these TOU shall remain in effect.
Electronic Communications.
When you visit our Website, or send email to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. Although We may choose to communicate with you by regular mail, We may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically, satisfy any legal requirement that such communications be in writing.