SafeHaus Terms Of Service
Effective Date: April 12, 2021
Welcome. You’ve arrived at a Site/App operated by Safe Haus LLC (“Safe Haus,” “we,” “our,” or “us”). Safe Haus leverages technology and expertise to create safe places to work, safe spaces to gather, and safe food to eat. Our SafeSpaces™ end-to-end solution works to mitigate public health risks around COVID-19 in the live event industry. Our SafeSet app is a COVID-19 test tracking, access control and contract tracing system for the film and television industries. SafeFare is focused on providing health and safety technologies to the food production industry.
These Terms of Service apply to mobile apps (“Apps”) and websites (“Sites”) operated by Safe Haus, including SafeSpaces™, SafeSet, SafeFare and our websites: www.safehausgroup.com and www.safeset.app. If you have questions, contact us at support@safehausgroup.com and we will respond as quickly as we can. These Terms contain an Arbitration Provision and a Waiver of Jury Trial at Section 15.
1. Introduction
Please read these terms carefully. The Apps and Sites linking to these Terms of Service are owned and operated by Safe Haus LLC (“Safe Haus,” “we,” “us,” and “our”). By accessing or viewing the App or participating in or using any service offered on the App (collectively the “Services”), you agree to these Terms of Service (“Terms”). These Terms form a contract between you and us. From time to time, we may choose to change portions of these Terms and will post those changes here. If we make changes to these Terms, your continued use of the App, or the Services after those changes have been made means you agree to those changes. We will post the new Terms in the App and on the website, and the new Terms will automatically become effective at that time.
2. Privacy Policy
Please read our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the App or the Services. We must collect certain of your personal information for the App to work, but we try to keep our collection of information to a minimum. We do not sell your personal information, ever. How we use your information is always governed by our Privacy Policy, which is incorporated into these Terms. By using the App, or the Services, you understand that you are allowing us to collect and use this information. You may contact us at support@safehausgroup.com if you have questions regarding our collection of your personal information.
3. Right to Use and Proprietary Rights
We grant you the right to access and use the Services as described in this Agreement. We reserve all other rights. The Apps and Sites contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“Content”), and you understand that these rights are valid and protected in all forms, media, and technologies existing now or later developed. You also acknowledge that unless we’ve said so in these Terms (or otherwise said so in the Apps or on the Sites), Safe Haus or its licensors own all Content in the Apps and Sites, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, the “look and feel” and arrangement of such Content. Your use of this Site or App does not give you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. You cannot modify, sell, or transfer our Content. You can print copies of the Content if it is for your personal, non-commercial use, but if you do, you must maintain all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. Please do not electronically store any significant portion of Content from this Site or App. You need to get Safe Haus’s prior written approval to use any Content from the Site or App on any other site, including by linking or framing, or in any networked computer environment, for any purpose.
For permission to use Content from this Site or App, send us a request in writing in advance and provide full attribution. Permission should be requested by contacting us at support@safehausgroup.com.
4. Use of Account
You may be required to create an account to use the Apps or Services. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of our Services, and you remain responsible for all activities that occur under your registration, account, and/or credentials. We reserve the right to refuse service, terminate accounts, or remove or edit content, in its sole discretion. If you use a Safe Haus account, you agree, represent and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the App. You also represent that you are using your account for a lawful purpose – you may not use your account or the App or the Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. In order for the App to work properly, you must also agree to receive push notifications through the App. Finally, you agree to notify us immediately of any unauthorized access to or use of your account. You may not use the information made available through Safe Haus for solicitations or other unauthorized communication with any other User.
5. Security
You are not permitted to upload material onto the App that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the App, or our systems and equipment. You may not use the App or the Services in a manner that could block access to, impair, damage, or otherwise disable Safe Haus or any of our servers. You may not attempt to gain unauthorized access to the App or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.
Violating the security of the App or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
6. Submitted Material
Unless specifically requested, Safe Haus does not wish to receive any confidential, sensitive, proprietary, or trade secret information from you via the Site or App (including via contact email made available on the App). Accordingly, if you send Safe Haus any information or creative works including, without limitation, idea submissions, suggestions, reviews, improvements, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”), you grant Safe Haus a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or later invented, including for commercial purposes. If you send Safe Haus any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Safe Haus any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Safe Haus to use the Submitted Material as permitted by the license in this Section. You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We reserve the right to remove or edit any Submitted Material (including comments or reviews) for any reason.
7. Third Party Links and Websites
The App provides Services that may contain links to third party websites that take you outside of the App (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of service and a different privacy policy. You should be sure that you read and agree to those policies.
8. Indemnification
You agree to defend, indemnify, and hold harmless Safe Haus, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the App or Services; (ii) your employer’s or event’s use of and access to the App or Services and/or your inability to gain access to an event or worksite based on information collected through the App or Services; (iii) your violation of any of these Terms; and (iv) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the App(s).
9. Disclaimers
SAFE HAUS MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS APP OR SITE. THE CONTENT AND INFORMATION FOUND ON THIS APP OR SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS APP AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. SAFE HAUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL SAFE HAUS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR INABILITY TO USE THE APP, SERVICES, OR CONTENT, OR ANY DENIAL OF ADMISSION BASED ON THE INFORMATION CONTAINED WITHIN THE APP OR SERVICES, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF SAFE HAUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SAFE HAUS’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE APP OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Release
If you have a dispute with one or more users of the App, the sponsoring organization, or the Services, you release Safe Haus (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Termination
Safe Haus reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the App or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Service by discontinuing your use of the Services and access to the App. Safe Haus also reserves the right, in its sole discretion, to cease providing the Services and this App at any time.
13. Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
14. Waiver
Failure to enforce any provision of this Agreement will not constitute a waiver by us of any provision herein.
15. Notice of Arbitration Provision and Waiver of Jury Trial.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any and all disputes relating to or arising from the Terms of Service or the Privacy Policy, including disputes regarding the validity of this arbitration clause, shall be settled by a single arbitrator in arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ fees and administrative fees of arbitration. This agreement to mediate and/or arbitration is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. You should carefully consider this and other provisions of these Terms and Privacy Policy and you have the right to consult legal counsel regarding this provision.
16. General
These Terms of Service will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Service will be before arbitrators of the American Arbitration Association in Los Angeles, California. You hereby accept the personal jurisdiction of this tribunal. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Safe Haus may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Service. Nothing in this Agreement constitutes a partnership or joint venture between you and Safe Haus. Safe Haus does not guarantee continuous, uninterrupted, or secure access to the App or the Services, and operation of the App may be interfered with by numerous factors outside of its control. Safe Haus’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between you and Safe Haus with respect to the subject matter hereof. Sections 3 (Right to Use and Proprietary Rights); 6 (Submitted Materials); 8 (Indemnification); 9 (Disclaimers); 10 (Limitation of Liabilities); 11 (Release); 13 (Severability); 14 (Waiver); 15 (Notice of Arbitration Provision and Waiver of Jury Trial) and 16 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.
17. Modification of Terms
We reserve the right to modify these Terms at any time. When we post new Terms on the site or in the App, we will indicate the effective date of the new Terms at the top of this document. Your continued use of the App after the effective date of any update to these Terms indicates your agreement to the new Terms.
18. Contact Us
If you have questions about these Terms or the products or Services we offer, you may contact Safe Haus at support@safehausgroup.com.
last updated: 2021-10-12-21:22
