Last updated on 13 July 2015.
1. Agreement to the Terms of Use
Please read these terms of use (“Terms of Use”) carefully before using this website and the services offered by Newmar Ltd. (“Dropsafe”). These Terms of Use set forth the legally binding terms and conditions of your use of the Dropsafe website located at dropsafe.com (the “Website”).
BY USING THE WEBSITE IN ANY WAY, INCLUDING NAMELY BROWSING, AND USING ANY OF THE SERVICES PROVIDED THROUGH THE WEBSITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, which also incorporate by this reference the Dropsafe Privacy Policy and all other terms or policies that may be published from time to time on the Website by Dropsafe.
Dropsafe reserves the right, at any time, without notice to you: (1) to modify or update any of the Terms of Use, said modification or update being effective upon its posting on the Website; (2) to suspend or terminate operation of or access to the Website, or any portion of it, for any reason; (3) to modify or change the Website, or any portion of it; and/or (4) to interrupt the operation of the Website, or any portion of it, as necessary to perform maintenance or for any other purpose.
If we change these Terms of Use, we will inform you by posting the revised Terms of Use on the Website. We will post the date the Terms of Use were last updated at the top of the Terms of Use. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. SHOULD YOU OBJECT TO ANY OF THE TERMS OF USE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE WEBSITE.
2. Trademarks
The Dropsafe trademarks shown on the Website and licensed by Dropsafe are trademarks and/or registered trademarks in the United States and other countries (collectively, the “Dropsafe Trademarks”). Unless otherwise provided by applicable laws or regulations, the Dropsafe Trademarks may not be used in any manner other than expressly authorized in a written agreement.
3. Content
All content, except for User Content (defined below), displayed on or through the Website including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to Dropsafe, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in the Terms of Use or authorized by Dropsafe in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever. We reserve all rights not expressly granted to you.
4. Information submitted through the Website
Unless otherwise provided by applicable laws and regulations, any questions, comments, or other information submitted to Dropsafe through the Website by any means (including, but not limited to, any public area or through the “contact us” section) shall be deemed non-confidential and Dropsafe shall be free to use, reproduce, disclose and distribute in any manner without limitation.
5. Use of the Website
You may not use this Website in a way that violates any law, promotes illegal activities, is prohibited by the Terms of Use or infringes the rights of Dropsafe or any other individual or entity. You may not post content that contains software viruses, programs or other computer code. You may not use any “deep-link”, “robot”, “spider” or other program or methodology to access, acquire, copy or monitor any portion of the Website, the Content and the User Content or any information on any other user of the Website. You may not in any way obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other user of the Website through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable load on the infrastructure of the Website or interfere with the proper working of the Website. You will not attempt to probe, scan, or test the vulnerability of any Dropsafe system or network or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Dropsafe or any of Dropsafe’s providers or any other third party (including another user) to protect the Website, or attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website. You may not misrepresent yourself, your age or impersonate any other individual or entity. The Website is not available to individuals who are younger than 13 years old.
Dropsafe will investigate and prosecute violations of any of the above to the fullest extent of the law. Dropsafe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.
6. Register a Dropsafe Account
You may only register a Dropsafe account (“Dropsafe Account”) on the Website if you are 18 years of age or older. In order to access/use some features on the Website, you may be required to register a membership. By registering a membership, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your membership information to anyone else. You are solely responsible for maintaining the confidentiality and security of your membership and login credentials and for all activities that occur on or through your membership. and you agree to immediately notify Dropsafe of any security breach of your membership or login credentials. Dropsafe shall not be responsible for any losses arising out of the unauthorized use of your membership. You agree to provide accurate and complete information when you register with and as you use your membership and you agree to update your membership information to keep it accurate and complete. You agree that Dropsafe may store and use the information and data you provide during the registration of your membership for use in maintaining and billing fees to your membership. Do not use or attempt to use another person’s membership, username or password.
7. Security
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. Copyright Infringement
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Website has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA“).
To be effective the notification should include:
– identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
– identification of the claimed infringing material and information reasonably sufficient to permit Dropsafe to locate the material on the Website;
– information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail 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;
– a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
– your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
– your physical or electronic signature;
– identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
– a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
– your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Dropsafe’s agent for receipt of notifications of claimed infringement: info@dropsafe.com.
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Repeat Infringers
Your Account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
9. Confidentiality
Certain parts of the Website may contain confidential information. A valid user name and password are required to access these areas. Access by unauthorized persons, and unauthorized use or disclosure of Dropsafe confidential information, may be a violation of Dropsafe’s rights and is strictly prohibited. By accessing Dropsafe confidential information, you agree to keep this information confidential. If you are authorized to access such areas of the Website, you also agree to treat this confidential information with a degree of care which is of at least as high a degree as that which you apply to your most confidential information, but in no event less than a reasonable degree of care, and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.
10. Third Party Websites
The Website may contain links to other websites which are completely independent of Dropsafe. A link to a third party’s website does not mean that Dropsafe endorses it or that we are affiliated with it. Dropsafe makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Using said websites is at your own risk. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
11. Third Party Content and Interactions
The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Dropsafe, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Website are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Dropsafe is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Dropsafe is under no obligation to become involved. In the event that you have a dispute with any other user of the Website, you hereby release Dropsafe, and its officers, directors, shareholders, employees, agents, and successors, as well as its affiliates, and its officers, directors, shareholders, employees, agents and successors (“Released Parties”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Website. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
BY ENTERING AND USING THIS WEBSITE, YOU AGREE THAT SUCH ENTRY AND USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. WHILE WE ENDEAVOR TO PROVIDE THE BEST SERVICE WE CAN, THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. ALL WARRANTIES OR REPRESENTATIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND WAIVED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES:
THE RELEASED PARTIES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (d) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL DROPSAFE OR ITS DIRECTORS OR REPRESENTATIVES BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES BASED ON ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION.
THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES RECOMMENDED, ADVERTISED, HYPERLINKED, OR OFFERED ON OR THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK, AND THAT THE SAME MAY BE PROPRIETARY AND/OR CONFIDENTIAL. BY USING THIS WEBSITE, YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM SUCH USE OR ACCESS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DROPSAFE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE OR IN A SEPARATE DOCUMENT SIGNED BY THE AUTHORIZED DIRECTORS OF DROPSAFE.
As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF DROPSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, some of the foregoing limitations may not apply.
14. Indemnity Of Dropsafe
You agree to indemnify and hold the Released Parties harmless from any demands, liability, claims or expenses, including attorneys’ fees and court costs, made by any third party due to or arising out of or in connection with: (a) any information (including your User Content or any other content) that you or anyone using your Account submit, post, or transmit on or through the Website; (b) the use of the Website or other services or products received through the Website by you or anyone using your Account; (c) the violation of these Terms of Use by you or anyone using your Account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your Account. Dropsafe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Dropsafe in such defense.
15. Applicable Law
The Website is operated from Hong Kong. User access to this Website is governed by all applicable Hong Kong laws. All information available on the Website may also be subject to the laws of the country where you reside. Access in countries where the information, services or products provided on the Website are illegal is prohibited. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in Hong Kong in compliance with the Dropsafe Privacy Policy. These Terms of Use will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any conflict of laws rules or provisions. If any dispute arises relating in any way to the use of the Website, the services provided through the Website or to these Terms of Use, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
16. Arbitration Agreement and Waiver of Certain Rights
By accessing or using the Website, you agree: (i) that any and all disputes you may have with, or claims you may have against the Dropsafe and its affiliates relating to, arising out of or connected in any way with (a) the Website, (b) the services or products provided through the Website, (c) these Terms of Use, or (d) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dropsafe will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Dropsafe also have the right to bring qualifying claims in small claims court. In addition, you and Dropsafe retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.
Neither you nor Dropsafe may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Dropsafe’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR DROPSAFE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of the Terms of Use will survive the termination of your relationship with Dropsafe.
17. Other Provisions
If any provision in the Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms of Use and the remaining provisions are still valid and enforceable. Under no circumstances will Dropsafe be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. The failure of Dropsafe to enforce any right or provision of these Terms of Use will not prevent Dropsafe from enforcing such right or provision in the future. Dropsafe may assign its rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.
18. Termination
Dropsafe reserves the right in its sole discretion to terminate your Account, delete your profile and any of your User Content and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Dropsafe also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Website. You understand and agree that some of your User Content that appears on the Website or on other websites (e.g., Facebook, Google, etc.), may continue to appear on the Website or on other websites even after the User Content is removed or your Account is terminated. The Terms of Use shall remain in effect even after your Account is terminated.
19. Contact Us
If you have any questions about this Terms of Use, please contact us.