Last updated on 13 July 2015.
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.
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.
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
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.
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: email@example.com.
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
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.
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
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.
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
15. Applicable Law
16. Arbitration Agreement and Waiver of Certain Rights
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.
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.
17. Other Provisions
19. Contact Us