Last Updated: 12/01/2019
Welcome to SafeButler!
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
for information on how we collect, use and disclose information from our
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SAFEBUTLER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Changes to Terms or Services.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 19(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
(a) Eligibility. You may use the Services
only if you are
years or older and capable of forming a binding contract with SafeButler and
are not barred
the Services under applicable law.
(b) Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you authorized them or know about them.
(d) Network access and devices. You will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other compatible hardware and software required to access and use the Services, including, without limitation, for any and all costs, fees, expenses, and taxes of any kind related to the foregoing.
Important Notices and Disclosures
(a) Insurance products. SafeButler is a
insurance agency (license number
Eligible individuals may purchase certain
insurance products through the Services. Insurance products are only
available to people in
jurisdictions in which they may be legally sold.
(b) Electronic Communications. As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your Account or by following the unsubscribe instructions provided in the Message you receive. Please be aware that third party messaging fees may apply for some of the Messages depending on the message plan you have with your wireless carrier.
By using our Services and providing your cellular phone number, you are agreeing to receive Message communications from us, and you specifically authorize SafeButler and its affiliates and agents to send text messages or calls to your cellular phone. You agree that all communications from us relating to the products and services, including insurance products, offered through the Services, may be provided or made available to you electronically by email, text, or through the Services. You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same effect as a physical non-electronic signature and will appear on all records related to the provision of any such products and services. Your consent also applies to all communications and information that we receive from you. Your consent is voluntary and, if you consent, you still have the right to receive a free paper copy of any communication by contacting us.
(c) Withdrawing consent. You may withdraw your consent to receive communications electronically and to use an electronic signature at any time. To withdraw your consent to do business electronically, please send us a written notice by email (email@example.com) or U.S. mail (3300 Central Expressway, Suite B, Santa Clara, CA 95051, Attn: Legal).
(d) Internet and Telecommunications. You acknowledge and agree that the internet and communications over it may not be absolutely secure and that connecting to it provides the opportunity for unauthorized access to computer systems, networks, and all data stored therein. You should back up all your data to protect it; we will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights.
For purposes of these Terms: (i) “Content”
means text, graphics, images, works of authorship of any kind, and
that are posted, generated, provided or otherwise made available through the
Content” means any Content (including Your Data) that Account holders
be made available through the Services, whether by providing such data
themselves or by
SafeButler to collect such data from certain third parties.
(a) Content Ownership, Responsibility and Removal. SafeButler does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SafeButler and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(b) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to SafeButler a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services (including the products and services offered via our Services) to you.
(c) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by SafeButler on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Rights in Content Granted by SafeButler. Subject to your compliance with these Terms, SafeButler grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps.
(a) Rights in App Granted by SafeButler.
Subject to your
compliance with these Terms, SafeButler grants to you a limited
with no right to sublicense, to download and install a copy of the App on a
mobile device or
that you own or control and to run such copy of the App solely for your own
purposes. You may not copy the App, except for making a reasonable number of
archival purposes. Except as expressly permitted in these Terms, you may
not: (i) copy,
modify or create
derivative works based on the App; (ii) distribute, transfer, sublicense,
lease, lend or
rent the App to
any third party; (iii) reverse engineer, decompile or disassemble the App;
or (iv) make the
functionality of the App available to multiple users through any means.
in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
• These Terms are concluded between you and SafeButler, and not with the App Provider, and SafeButler (not the App Provider), is solely responsible for the App.
• The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SafeButler.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, SafeButler will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must also comply with all applicable third party terms of service when using the App.
General Prohibitions and SafeButler’s Enforcement Rights.
not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, SafeButler’s name, any SafeButler trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SafeButler’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, SafeButler’s computer systems, or the technical delivery systems of SafeButler’s providers;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SafeButler or any of SafeButler’s providers or any other third party (including another user) to protect the Services or Content;
(e) Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SafeButler or other generally available third-party web browsers;
(f) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(g) Use any meta tags or other hidden text or metadata utilizing a SafeButler trademark, logo URL or product name without SafeButler’s express written consent;
(h) Use the Services or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(j) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(k) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(m) Impersonate or misrepresent your affiliation with any person or entity;
(n) Violate any applicable law or regulation; or
(o) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content (including your User Content), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
SafeButler respects copyright law and expects its users to do the same. It is SafeButler’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see SafeButler’s Copyright and IP Policy, for further information.
Payment for Transactions with Third Party Providers.
Whenever you buy a new insurance policy through our Services, or otherwise enter into a transaction which requires payment via the Services (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification, or other payment information (each such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction (or authorize us to initiate a Transaction on your behalf), you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You agree to indemnify us from any liabilities arising from any such Transactions.
Links to Third-Party Resources or Websites
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
(a) THE SERVICES ARE PROVIDED ON AN
AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY
EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN
RISK. WE DO NOT
SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR
ANY OTHER PERSON
INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF: (I)
FITNESS FOR A
PARTICULAR PURPOSE; (II) ACCURACY OR RELIABILITY WITH RESPECT TO THE
FEATURES OF THE
NON-INFRINGEMENT; (IV) QUIET ENJOYMENT; (V) TITLE; (VI) THAT THE SERVICES
WILL OPERATE ERROR
FREE, OR IN
AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SERVICES
CORRECTED; OR (VIII)
THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS OR
THEIR GOODS OR
AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY
REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
(b) [THE SERVICES ARE ONLY A MEDIUM BY WHICH YOU CAN SEE ALTERNATE OPTIONS FOR INSURANCE PRODUCTS AND SERVICES, AND THAT FACILITATES YOUR PROCESS FOR CHOOSING AND ENROLLING IN INSURANCE POLICIES THAT – YOU DECIDE- ARE BETTER SUITED FOR YOU. BUT THE ULTIMATE DECISION ABOUT WHICH INSURANCE TO ENROLL INTO IS YOURS – AND YOURS ALONE.] WE DO NOT PROVIDE YOU ANY LEGAL, REGULATORY, ACCOUNTING, INSURANCE OR TAX ADVICE THROUGH THE SERVICES OR OTHERWISE. YOU MUST RELY SOLELY UPON YOUR OWN ADVISORS WITH RESPECT TO SUCH ADVICE. FURTHER, THE INFORMATION WE PROVIDE IS NOT INSURANCE ADVICE. ANY INSURANCE PURCHASING DECISIONS SUCH AS COVERAGES (E.G., AMOUNTS), LIMITS, AND DEDUCTIBLES ARE SOLELY THE RESPONSIBILITY OF THE INSURED. SAFEBUTLER IS NOT RESPONSIBLE FOR DETERMINING THE SUITABILITY OF INSURANCE COVERAGES ACQUIRED THROUGH THE SERVICES. WE ALSO DO NOT DIRECTLY SELL OR OFFER ANY INSURANCE POLICIES, BUT MERELY PROVIDE YOU INFORMATION ABOUT, AND ACCESS TO, VARIOUS THIRD PARTY INSURANCE PRODUCTS AND SERVICES SOLD BY THIRD PARTY INSURANCE PROVIDERS.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL SAFEBUTLER (OR ITS STOCKHOLDERS, AFFILIATES,
MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS AND CONTENT
(COLLECTIVELY, "MEMBERS")) BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF
WHETHER IN AN
ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR
LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR
WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAFEBUTLER AND
MEMBERS DO NOT
LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN
NEITHER SAFEBUTLER (NOR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS")) WILL BE LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE, OMISSION OF, OR DISPUTE WITH, ANY THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER). THE SERVICES MERELY CONNECT USERS WITH THIRD PARTY PROVIDERS SUCH AS INSURANCE COMPANIES OR CARRIERS. SAFEBUTLER IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANY SUCH THIRD PARTY PROVIDER, AND WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER TO PROVIDE YOU RELEVANT PRODUCTS OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE SAFEBUTLER FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES PROVIDED BY THIRD PARTY PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER AND YOUR AGREEMENT OR RELATIONSHIP WITH SUCH THIRD PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ONLY PROVIDE YOU DIFFERENT INSURANCE CHOICES THAT OUR ALGORITHM BELIEVES MIGHT BE A GOOD OPTION FOR YOU; BUT YOU ALONE MAKE THE CHOICE OF THE INSURANCE AND THE INSURANCE PROVIDER THAT YOU THINK IS THE BEST SUITED FOR YOUR PURPOSES. YOUR USE OF ANY THIRD PARTY PROVIDER, WHETHER UPON THE SUGGESTION OF THE ALGORITHM OF THE SERVICES, OR OTHERWISE, IS AT YOUR OWN RISK, AND NOTHING IN THIS AGREEMENT OR THE SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, MEDICAL, OR INSURANCE MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SAFEBUTLER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SAFEBUTLER FOR USE OF THE SERVICES OR CONTENT IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SAFEBUTLER, AS APPLICABLE.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN US, AND ARE REASONABLE, GIVEN THE FEES FOR THE SERVICES, AND WILL SURVIVE EVEN IF ANY LIMITED REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You will indemnify, defend, and hold SafeButler and its Members harmless, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content (iii) your relationship with any third party providers including, third party insurance providers; (iv) your violation of these Terms or (v) your violation of any applicable law or regulation. You will not settle any such indemnity claim or matter without the prior written consent of SafeButler.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: Sections 1 (Agreement to Terms), 5 (Important Notices and Disclosures), 7 (Feedback), 8 (Content and Content Rights) (to the extent it related to ownership), 12 (Payment for Transactions with Third Party Providers), 13 (Links to Third-Party Resources or Websites), 14 (Disclaimer), 15 (Limitations of Liability), 16 (Indemnification), 17 (Termination), 18 (Governing Law and Forum Choice), 19 (Dispute Resolution for Consumers), and 20 (General Terms). Dispute Resolution
Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution for Consumers,” the exclusive jurisdiction for all Disputes (defined below) that you and SafeButler are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and SafeButler each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution for Consumers.
(a) Mandatory Arbitration of Disputes. We
each agree that
dispute, claim or controversy arising out of or relating to these Terms or
enforcement, interpretation or validity thereof or the use of the Services
“Disputes”) will be resolved solely by binding, individual
arbitration and not
in a class,
representative or consolidated action or proceeding. However, if for any
reason a Dispute
court rather than in arbitration, you and we each waive any right to a jury
(b) Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at [insert email] or by regular mail at [insert postal address] within thirty (30) days following the date you first agree to these Terms.
(c) Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at the following address PO Box 70099 Sunnyvale, CA 94087 Attn: Legal. requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
(d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
(e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if SafeButler changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of SafeButler’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SafeButler in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(a) Entire Agreement. These Terms
constitute the entire
exclusive understanding and agreement between SafeButler and you regarding
the Services and
these Terms supersede and replace any and all prior oral or written
SafeButler and you regarding the Services and Content. If any provision of
these Terms is
or unenforceable by an arbitrator or a court of competent jurisdiction, that
to the maximum extent permissible and the other provisions of these Terms
will remain in
full force and
effect. You may not assign or transfer these Terms, by operation of law or
prior written consent. Any attempt by you to assign or transfer these Terms,
be null. SafeButler may freely assign or transfer these Terms without
foregoing, these Terms will bind and inure to the benefit of the parties,
(b) Notices. SafeButler may give notice by means of a general notice through the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SafeButler, with such notice deemed given when received by SafeButler, at any time by first class mail to SafeButler, Inc., PO Box 70099 Sunnyvale, CA 94086 Attn: Legal.
(c) Waiver of Rights. SafeButler’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SafeButler. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions regarding these Terms or our practices, please contact us by email (firstname.lastname@example.org) or by U.S. mail:
PO Box 70099
Sunnyvale, CA 94086