Last Updated: 12/18/2017
These Terms of Service (“Terms
“) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services
“) provided by SafetyPIN Technologies Inc. (“SafetyPIN,” “us,” “our,” or “we”
BY USING THE SERVICES OR APPLYING FOR OR USING A SAFETYPIN, YOU CONFIRM THAT YOU HAVE FULLY READ AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17, DO NOT ACCESS OR USE OUR SERVICES.
If you have any questions about these Terms or our Services, please contact us at email@example.com
For purposes of these Terms, the Terms “You,” “Your,” and “User” refer to the following persons:
- Platform Visitors: persons who access the SafetyPIN website, mobile application, or any other SafetyPIN online products or services, regardless of whether they access or use any other SafetyPIN Services.
- SafetyPIN Applicants: persons who apply to receive a SafetyPIN.
- SafetyPIN Holders: persons who have applied for and have been granted a SafetyPIN, regardless of whether their personal SafetyPIN remains active or valid.
- SafetyPIN Verifiers: persons who request access to confirm a SafetyPIN Holder’s SafetyPIN status, in order to verify that the holder has been and remains a SafetyPIN holder in good standing.
3 Description of Services, Limitations and Restrictions, User Responsibilities
A: Description of our Services
SafetyPIN offers a unique service designed to restore trust in the digital economy and to help individuals connect and engage with others online more safely. The presence of a SafetyPIN does not provide a guarantee of safety generally or with respect to any particular SafetyPIN Holder.
Eligible persons can apply to receive a SafetyPIN through our innovative screening system, which combines results from a range of background and identity-verification screenings with information provided by Applicants, as well as information generated by our proprietary modeling tool. We offer the following Services, among others:
- We allow SafetyPIN Applicants to submit information about themselves and to apply to receive for a SafetyPIN.
- We allow SafetyPIN Holders to communicate and share their SafetyPINs with potential service providers, persons seeking services, and others.
- We allow SafetyPIN Verifiers to request access to a SafetyPIN Holder’s unique SafetyPIN, and to review it with the Holder’s permission.
B: Limitations and Restrictions on our Services
Although you may wish to refer to a person’s SafetyPIN, you alone are responsible for making informed decisions about the persons you interact with, hire, engage, communicate with, or invite into your home. SafetyPIN expressly disclaims any and all liability or claims relating to or arising from your reliance on a SafetyPIN, and you expressly acknowledge that use of the Services is AT YOUR OWN RISK. SafetyPIN’s Services are limited and should not be relied upon as a conclusive, complete, or accurate assessment of any individual’s or user’s suitability for any purpose.
SafetyPIN depends upon SafetyPIN Applicants and Holders to provide complete, accurate, and up-to-date information during the application process and thereafter. SafetyPIN expressly makes no warranties or representations regarding the completeness, accuracy, or reliability of information provided by SafetyPIN Applicants and Holders.
SafetyPIN further relies upon third-party vendors to conduct identify-verification, criminal-history and background, and credit-history screenings as part of SafetyPIN’s screening process. SafetyPIN expressly makes no warranties or representations regarding the quality, accuracy, completeness, or reliability of those reviews, or the third parties that conduct them.
By giving a SafetyPIN to an individual, SafetyPIN does not hire or employ the SafetyPIN Holder. SafetyPIN Applicants, Holders, and Verifiers are responsible for complying with all applicable United States federal and state laws, including, but not limited to, employment, tax, and minimum-wage laws.
The information presented through the Services is provided for informational purposes only and may under no circumstances be used to determine an individual’s eligibility for a government license or benefit or credit or insurance of any kind. You may use the Services as a consideration when hiring or otherwise engaging an individual, but only for household or personal purposes.
SafetyPIN is not responsible for the conduct, whether online or offline, of any SafetyPIN Applicant, Holder, Verifier, or other User of the SafetyPIN Services. All Users, including SafetyPIN Applicants, Holders, and Verifiers, hereby expressly agree not to hold SafetyPIN (or SafetyPIN’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions, inactions, or representations of any other SafetyPIN Applicant, Holder, Verifier, other User, or other third party, or for any information, instruction, advice, or services. SafetyPIN and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
C: User Responsibilities
SafetyPIN Applicants and Holders agree to provide SafetyPIN with complete, accurate, and up-to-date information at all times, including during the application process and at SafetyPIN’s request thereafter. Applicants and Holders furthermore agree to notify SafetyPIN of any material changes to information provided during the application process or thereafter. Failure to provide complete and accurate information during the application process, to inform SafetyPIN of material changes, or to respond to requests for updated information can result in the withdrawal of your SafetyPIN.
If you are a SafetyPIN Applicant or Holder, by applying for a SafetyPIN, and subject to your authorization, you acknowledge and agree that SafetyPIN will obtain information about your criminal history, background, and financial history and credit reports as well as other information. You agree that SafetyPIN may review and use these materials for the purpose of making an initial determination of your eligibility for a SafetyPIN, as well as for reviewing and assessing your continued eligibility to retain your SafetyPIN thereafter. You acknowledge and agree that SafetyPIN may request and obtain updated criminal history, background, and credit reports from time to time, and at SafetyPIN’s sole discretion.
You agree to use SafetyPIN’s Services, and to register your account, in your own legal name. You further agree that you will only use SafetyPIN’s Services for your own personal purposes, and will not access or use the Services on behalf of any other person or entity.
If you are a SafetyPIN Verifier, you agree that you will only request authorization to view a Holder’s SafetyPIN for purposes consistent with these Terms. You further agree that you will not share information regarding the status of a SafetyPIN Applicant or Holder’s SafetyPIN with any other third party.
You agree that you will not use our Services for purposes that could reasonably be viewed as in competition with SafetyPIN.
SafetyPIN’s Services generally are not supported in any languages other than English. Unless otherwise authorized by SafetyPIN, you agree to provide us with all required information, including, but not limited to, responses to application questions, in English.
You represent and warrant that you meet the eligibility criteria set out in Section 4 of these Terms, and that you otherwise have the right, authority, and capacity to enter into these Terms.
4 Eligibility for Use of SafetyPIN Services
You must be at least 18 years of age to access or use our Services. SafetyPIN’s Services are only available to persons who are citizens or permanent residents of the United States. In order to be eligible for SafetyPIN’s Services, you must not be a competitor of SafetyPIN or use our Services for purposes that could reasonably be viewed as in competition with SafetyPIN.
5 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You will not permit any other person to access our Services using your account credentials. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
6 User Content
Our Services may allow you and other users to create, post, store and share User Content. For the purpose of these Terms, “User Content” means any communications, images, videos, audio recordings, or any other form or medium of communication, that you upload, post, or transmit through our Services. Except for the license you grant below, you retain all rights in and to your User Content.
You grant SafetyPIN and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You will not post on the Services or transmit to any other users any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself.
7 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
8 Limited License; Copyright and Trademark
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “SafetyPIN Content
” or “our content
“) are owned by or licensed to SafetyPIN and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, SafetyPIN and its licensors reserve all rights in and to our Services and SafetyPIN Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and SafetyPIN Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or SafetyPIN Content; (b) copy, reproduce, distribute, publicly perform or publicly display SafetyPIN Content, except as expressly permitted by us or our licensors; (c) modify the SafetyPIN Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or SafetyPIN Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or SafetyPIN Content other than for their intended purposes. Any use of our Services, or SafetyPIN Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about SafetyPIN or our products or Services (collectively, “Feedback
“), is non-confidential and will become the sole property of SafetyPIN. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In order to utilize some of our Services, you will be required to pay either a recurring subscription, one-time, or other fees. You are responsible for any state or local sales taxes associated with the Services.
If you sign up for a subscription, you agree to pay all subscription charges associated with the Services you subscribe to as described at the time you subscribe and provide your payment information. You also authorize SafetyPIN, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the Terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. SafetyPIN reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You agree that if SafetyPIN already has your credit card on file as a result of prior purchases, we may charge that credit card for any additional Services you purchase.
SAFETY PIN PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page or contacting us at firstname.lastname@example.org
. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
We may offer limited-time free or reduced-price trial subscriptions from time to time. If you sign up for a free or reduced-price trial subscription, unless you cancel before the expiration of the free or reduced-price trial period, you will be charged the price then in effect for a subscription to the Service, unless otherwise informed by SafetyPIN at the time of original subscription. If you do not want to continue with the Service after the expiration of the free or reduced-price trial period, you must cancel your subscription before you are charged. Except as set forth in these Terms or as described on the Services at the time you make a purchase, all payments for Services are non-refundable and there are no refunds or credits for unused or partially used Services or cancellations.
11 SafetyPIN Claim Program
If you are a SafetyPIN Holder and (a) you hire or engage another SafetyPIN Holder to perform household or personal services for you during a specified period of time, (b) you prepay the amount charged by the SafetyPIN Holder for such services (“Prepaid Amount
”) and (c) the SafetyPIN Holder does not perform the services for which you prepaid within seven (7) days of the agreed upon date, then you have the right to submit a claim to SafetyPIN (“Claim
”) for reimbursement of the Prepaid Amount by filing a claim here
. SafetyPIN will evaluate your Claim and if SafetyPIN agrees with the basis for your Claim, SafetyPIN will reimburse you the Prepaid Amount by check up to a maximum of $100 within sixty (60) days of the date SafetyPIN receives your properly completed Claim.
If you are a SafetyPIN Holder and (x) you have been hired or engaged by another SafetyPIN Holder to perform household or personal services for that SafetyPIN Holder during a specified period of time for an agreed upon amount (“Price
”), (y) you timely perform the services you were hired or engaged to perform and (z) the SafetyPIN Holder does not pay you the Price within seven (7) days of the date you perform the services, then you will have the right to submit a Claim to SafetyPIN for payment of the Price by filing a claim here
. SafetyPIN will evaluate your Claim and if SafetyPIN agrees with the basis for your Claim, SafetyPIN will pay you the Price up to a maximum of $100 within sixty (60) days of the date SafetyPIN receives your properly completed Claim.
If SafetyPIN reimburses any part of the Prepaid Amount or the Price in response to a Claim based on your failure to perform services or to pay a SafetyPIN holder in accordance with this Section 11 or if you file a Claim that SafetyPIN determines in its sole discretion to be fraudulent, SafetyPIN reserves the right to immediately revoke your SafetyPIN.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SafetyPIN, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “SafetyPIN Parties
“) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims
“) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify SafetyPIN Parties of any third-party Claims, cooperate with SafetyPIN Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the SafetyPIN Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SafetyPIN or the other SafetyPIN Parties.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SafetyPIN does not represent or warrant that our Services or any information obtained on or from our Services are guaranteed accurate, complete, reliable, current or error-free. While SafetyPIN attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services.
14 Limitation of Liability
SafetyPIN and the other SafetyPIN Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, warranty, or otherwise-for any indirect, consequential, incidental, or special damages or lost profits, even if SafetyPIN or the other SafetyPIN Parties have been advised of the possibility of such damages.
The total liability of SafetyPIN and the other SafetyPIN Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT BY SAFETYPIN. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release SafetyPIN and the other SafetyPIN Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code Â§ 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16 Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17 Electronic Communications
By creating an account with SafetyPIN, you also consent to receive electronic communications from SafetyPIN (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
18 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SafetyPIN and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or SafetyPIN seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SafetyPIN seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SafetyPIN waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Maryland in accordance with the Streamlined Arbitration Rules and Procedures (“Rules
“) of the Judicial Arbitration and Mediation Services (“JAMS
“), which are available on the JAMS website and hereby incorporated by reference
. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and SafetyPIN agree that any dispute arising out of or related to these Terms or our Services is personal to you and SafetyPIN and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and SafetyPIN agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. Â§ 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and SafetyPIN agree that the state or federal courts of the State of Maryland and the United States sitting in the District of Maryland have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SAFETYPIN WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of this Section 17 by emailing us at is email@example.com
. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.
19 GOVERNING LAW AND VENUE
THESE TERMS AND YOUR ACCESS TO AND USE OF OUR SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF MARYLAND, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF MARYLAND OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR CANNOT BE HEARD IN SMALL CLAIMS COURT WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS OF MARYLAND AND THE UNITED STATES, RESPECTIVELY, SITTING IN BALTIMORE COUNTY MARYLAND.
20 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account, or (add additional notification procedures, as applicable). Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
21 Denial and Termination of Services
We reserve the right, without notice and in our sole discretion, to deny or terminate your right to access and use all or part of the SafetyPIN Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
We further reserve the right, without notice and in our sole discretion, to deny any Applicant’s request for a SafetyPIN, and to immediately terminate or withdraw a Holder’s SafetyPIN, for any reason. Following any denial, termination, or withdrawal of an Applicant’s or Holder’s SafetyPIN, we reserve the right to send a notice thereof to SafetyPIN Verifiers or others with whom the Applicant or Holder, in SafetyPIN’s estimation, may have corresponded or shared information about the Applicant’s request for, or the Holder’s receipt of, a SafetyPIN. We further reserve the right, without notice and in our sole discretion, to notify any other party, entity, or individual if, in SafetyPIN’s estimation, an Applicant, Holder, Verifier, or any other User, poses a risk of death or injury to persons, or damage to property.
Our decision to deny an Applicant a SafetyPIN, to withdraw or terminate a Holder’s SafetyPIN, or to notify any SafetyPIN Verifiers or others regarding the denial, withdrawal, or termination of the Applicant’s or Holder’s SafetyPIN or any other matter, does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Nothing in these Terms shall be interpreted or construed as making SafetyPIN the partner, joint venturer, agent, legal representative, employer, contractor or employee of any user or other person or entity. No user shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind on SafetyPIN’s behalf, or to take any action, that shall be binding on the SafetyPIN, except as provided for herein or authorized in writing by SafetyPIN.
These Terms constitute the entire agreement between you and SafetyPIN relating to your access to and use of our Services. The failure of SafetyPIN to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.