Please read the following Terms and Conditions closely before registering, using or obtaining any content, products or services using www.iridesafe.com (“the Web Site”) operated by Montlick Media Services LLC ("iRideSafeTM").
The information, products and services provided by iRideSafeTM through the Web Site (“Services”) and the use of the Web Site are governed by these terms and conditions (the “Terms and Conditions”). By accessing or using the Web Site, You (the "User" or "You") agree that (1) You have read and familiarized Yourself with these Terms and Conditions, (2) You understand the Terms and Conditions, and (3) You are bound by the Terms and Conditions in Your use of these the Web Site. These Terms and Conditions together with any additional terms and conditions specific to a particular service contained on the Web Site (which are incorporated herein by reference), constitute the entire agreement (the “Agreement”) between iRideSafeTM and You regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
- Who Can Use This Web Site
Our Services and the Web Site are not available to, and may not be used by, persons under the age of 13 years. If You do not qualify, please do not use our Services. IRideSafeTM may, in its sole and absolute discretion, refuse to allow use of the Web Site or accept a person’s, or entity’s, registration and may, at any time after accepting registration, refuse to permit a person’s, or entity’s, continuing use of the Services and/or Web Site for any reason or for no reason, in iRideSafe'sTM sole discretion.
2.1 The content and information on this Web Site, as well as the infrastructure used to provide such content and information, is proprietary to us and/or our suppliers and providers. While You may make limited copies of content and information on the Web Site for Your own personal use, You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through this Web Site.
2.2 Additionally, unless otherwise provided within this Agreement, or unless other specific applicable law requires iRideSafeTM to do so, You agree not to:
(i) access, monitor or copy any content or information of this Web Site using any robot, spider, scraper or other automated means or any manual process for any purpose, including, but not limited to, monitoring content, without iRideSafe'sTM express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Web Site or bypass or circumvent other measures employed to prevent or limit access to this Web Site;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of this Web Site for any purpose without our express written permission;
(v) "frame", "mirror" or otherwise incorporate any part of this Web Site into any other website without our prior written authorization;
(vi) place false or misleading information on the Web Site;
(vii) imply in any way that iRideSafeTM is endorsing Your products or services without prior written authorization from iRideSafeTM;
(viii) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by this agreement;
(ix) Upload or transmit to the Web Site or use any device, software or routine that contains Trojan Horses, Worms, Time Bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of this Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that imposes on the rights of a third party; or
(x) Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of this Site, or take any action that imposes an unreasonable load on our equipment or disguises the origin of the information transmitted through the Site.
- Intellectual Property
3.1 You acknowledge that all content included on this Web Site, including without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively “Content”) are intellectual property and copyrighted works of iRideSafeTM and/or various third-parties. Reproductions or storage of Content retrieved from this Web Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U. S. Copyright Act of 1976, Title 17 of the United States Code. You may download information the Web Site and print out a hard copy for your personal use provided that you keep such hard copies intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of iRideSafeTM or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by iRideSafeTM. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. IRideSafeTM does not warrant or represent that your use of Content or the Web Site will not infringe rights of third parties.
3.2 The marks MONTLICK & ASSOCIATES®, MONTLICK® and iRideSafe™ are either registered or common law trademarks in the U.S. and/or other countries (“Trademarks”). Other logos and product and company names displayed on the Web Site may be the trademarks of their respective owners.
3.3 You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without iRideSafe'sTM prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. IRideSafeTM prohibits the use of Trademarks as a link on, or to, any other web site unless establishment of such a link is pre-approved by iRideSafeTM in writing.
4.1 Please be aware that by submitting content to this Web Site by electronic mail, postings on this Web Site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), You grant iRideSafeTM and/or its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that You submit in connection with such Submission. You further grant iRideSafeTM the right to pursue at law any person or entity that violates Your or iRideSafe’sTM rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by You. We have no obligation to post Your comments; we reserve the right in our absolute discretion to determine which comments are published on the iRideSafe.com Web Site. If You do not agree to these terms and conditions, please do not provide us with any Submissions.
4.2 You are fully responsible for the content of Your Submissions, (specifically including, but not limited to, reviews posted to this Web Site). You are prohibited from posting or transmitting to or from this Web Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages and will indemnify iRideSafeTM pursuant to section 7 from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Web Site. You acknowledge that iRideSafeTM may exercise its rights (e.g. use, publish, delete) to any content You submit without notice to You.
- DISCLAIMER OF WARRANTIES AND LIABILITIES
5.1 THE SERVICES AND THE WEB SITE ITSELF, INCLUDING ALL CONTENT, ADVICE, INFORMATION, FUNCTIONS, MATERIALS, SERVICES, AND THIRD-PARTY CONTRACTS MADE AVAILABLE ON, OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, ARE ACCESSED AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. iRideSafeTM DOES NOT WARRANT THAT THE SERVICES, PRODUCTS AND THIRD-PARTY CONTRACTS, AND ANY INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY ADVICE OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES, OR THE WEB SITE, WILL BE ACCURATE, TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, ANY FILES, SOFTWARE, SITE CONTENT, ANY SITES OR SITES "LINKED" TO THIS SITE, OR THIRD PARTY MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE ITS SERVERS, SITE CONTENT, FILES, ANY SITE OR SITES "LINKED" TO THIS SITE OR ANY THIRD PARTY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH FILES, SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY THIRD PARTY MATERIALS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
5.2 IRIDESAFETM MAKES NO WARRANTY THAT THE SERVICES, INFORMATION OBTAINED FROM THE WEBSITE OR THE WEB SITE ITSELF WILL MEET USER’S REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF A USER IS, DISSATISFIED WITH THE SERVICES OR THE WEB SITE, THE USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES, PRODUCTS AND/OR THE WEB SITE. IRIDESAFETM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICES, TRANSACTIONS, OR INFORMATION OBTAINED THROUGH THE SERVICES OR THE WEB SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY USER FROM IRIDESAFETM OR THROUGH THE SERVICES OR WEB SITE SHALL CREATE ANY WARRANTY. iRideSafeTM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OR THIRD-PARTY SERVICE OR CONTENT PROVIDERS. THE WEBSITE ONLY PROVIDES EDUCATIONAL INFORMATION CONCERNING THE inspection, installation or adjustment of child safety seats in good faith within the scope of training for which the technician is currently certified.
5.3 IRIDESAFETM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING PRODUCTS PURCHASED ON THIS WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IRIDESAFETM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
6.1 Other users of this Web Site and third-party products and content providers on this Web Site, are not agents or employees of the iRideSafeTM or any of its subsidiaries or affiliates. iRideSafeTM is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
6.3 IN NO EVENT SHALL IRIDESAFETM BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, OR THE INABILITY TO USE, (1) THE SERVICES , (2) THE FAILURE OR ACCURACY OF THE THIRD PARTY STATEMENTS OR TRANSACTIONS, (3) THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR (4) A PRODUCT PURCHASED FROM THE WEB SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES.
6.4 If, despite the limitation above, iRideSafeTM IS found liable for any loss or damage which arises out of or in any way connected with the service, the web site, or PRODUCTs PURCHASED from the web site, then IRIDESAFE’STM TOTAL LIABILITY will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for Your transactions on this Web site, or (b) One-Hundred Dollars (US$100.00). YOU ACKNOWLEDGE THAT THIS limitation of liability reflects A FAIR allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms SHAL inure to the benefit assignees OR SUCCESSORS of IRIDESAFETM.
- Indemnity and Release
7.2 You and each of Your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge iRideSafeTM and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your use of the Web Site or the Services.
- Breach and Termination
8.1 Without limiting any other remedies available to iRideSafeTM at law, in equity or under this Agreement, iRideSafeTM has the right to limit Your activity on the Web Site, immediately issue a warning, suspend your use and/or refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
(ii) if iRideSafeTM, in its sole discretion, believes it is in the best interest of iRideSafeTM, its Web Site and/or other Users; or
(iii) iRideSafeTM, in its sole discretion, believes that the User has directly or indirectly engaged in misrepresentation, fraudulent or illegal activity in connection with the Web Site.
8.2 You may terminate these Terms and Conditions at any time by ending your use of the Web Site and notifying iRideSafeTM at [email protected]
- Entire Agreement
These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire Agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.
- Governing Law and Jurisdiction
This Web Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this Web Site, You agree that this Agreement is governed by and construed and enforced in accordance with the laws of the State of Georgia as it applies to a contract made and performed in such state and that venue for any lawsuit shall arising out of this Agreement shall be in the state or federal courts located in Atlanta, Georgia.
- No Agency
Nothing in the Terms and Conditions and/or Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
- Digital Millennium Copyright Act Notice
13.1 iRideSafeTM respects the intellectual property rights of others. iRideSafeTM may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
13.2 If You believe Your work has been copied and is accessible at our Web Site in a way that constitutes copyright infringement, or that our Web Site contains links or other references to another online location that contains material or activity that infringes Your copyright, You may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
13.3 Our Agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:
c/o John McElwaine
151 Meeting Street, Suite 600
Charleston, South Carolina 29401
BY EMAIL: [email protected]
BY TELEPHONE: 843-720-4302
BY FACSIMILE: 843-534-4269
Please provide our Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
The terms of this Agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this Web Site) in our sole discretion, without advance notice, and that Your right to access this Web Site is conditioned on an ongoing basis with Your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
Failure of iRideSafeTM to enforce one or more of the provisions of this Agreement or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by iRideSafeTM nor in any way to affect the validity of this Agreement or iRideSafe'sTM right thereafter to enforce each and every provision of this Agreement.