AGREEMENT BETWEEN USER AND Safe and Vault Store
The Safe and Vault Store Web site is comprised of various Web pages operated by Safe and Vault Store and is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Safe and Vault Store Web site constitutes your agreement to all such terms, conditions, and notices.
PRICING AND TYPOGRAPHICAL ERRORS
Safe and Vault Store pricing is subject to change without notice. More information about our pricing and typographical error policy can be found here.
In compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, Safe and Vault Store does not permit children under 13 years of age to become users of, or purchasers from, this website, and Safe and Vault Store does not collect information from children. By using Safe and Vault Store's website and/or by purchasing any products from Safe and Vault Store, you represent that you are not under 13 years of age.
CREDIT CARD PAYMENT - WHEN YOUR CREDIT CARD IS BILLED
- Credit card billing occurs at the time your order is placed just like Paypal and Google Checkout.
- The charge will appear as Safes & Security Online on your credit card statement.
- To protect your security, we do not retain any credit card information.
- We do not accept gift cards issued by any credit card company.
Safe and Vault Store reserves the right to change the terms, conditions, and notices under which the Safe and Vault Store Web site is offered, including but not limited to, the charges associated with the use of the Safe and Vault Store Web site.
LINKS TO THIRD PARTY SITES
The Safe and Vault Store Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Safe and Vault Store and Safe and Vault Store is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Safe and Vault Store is not responsible for Web casting or any other form of transmission received from any Linked Site. Safe and Vault Store is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Safe and Vault Store of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Safe and Vault Store Web site, you warrant to Safe and Vault Store that you will not use the Safe and Vault Store Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Safe and Vault Store Web site in any manner which could damage, disable, overburden, or impair the Safe and Vault Store Web site or interfere with any other party's use and enjoyment of the Safe and Vault Store Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Safe and Vault Store Web site(s).
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Safe and Vault Store or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Safe and Vault Store does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Safe and Vault Store is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Safe and Vault Store reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another; or (d) offensive or otherwise unacceptable to Safe and Vault Store in its sole discretion
USE OF COMMUNICATION SERVICES
The Safe and Vault Store Web site may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Safe and Vault Store has no obligation to monitor the Communication Services. However, Safe and Vault Store reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Safe and Vault Store reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Safe and Vault Store reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Safe and Vault Store’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Safe and Vault Store does not control or endorse the content, messages or information found in any Communication Service and, therefore, Safe and Vault Store specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Safe and Vault Store or posted at any Safe and Vault Store web site:
Safe and Vault Store does not claim ownership of the materials you provide to Safe and Vault Store (including feedback and suggestions) or post, upload, input or submit to any Safe and Vault Store Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Safe and Vault Store, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein Safe and Vault Store is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Safe and Vault Store’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Safe and Vault Store may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Safe and Vault Store.
You agree to indemnify, defend, and hold harmless Allied Safe and Vault Co., Inc dba Safe and Vault Store, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Safe and Vault Store does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Safe and Vault Store does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
The information, software, products, and services included in or available through the Safe and Vault Store Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Safe and Vault Store and/or its suppliers may make improvements and/or changes in the Safe and Vault Store Web site at any time. Advice received via the Safe and Vault Store Web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Safe and Vault Store and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Safe and Vault Store Web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Safe and Vault Store and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Safe and Vault Store reserves the right, in its sole discretion, to terminate your access to the Safe and Vault Store Web site and the related services or any portion thereof at any time, without notice. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SALES CONTRACT TERMS AND CONDITIONS
Safe and Vault Store is not obligated to maintain, repair, service, replace, operate or assure the operation of any device, system, or property belonging to Customer or to any third party to which such specified systems or components are attached, unless specifically agreed upon in writing by an authorized representative of Safe and Vault Store. In order to protect Customer from losses resulting from, damage to, or destruction of Safe and Vault Store products, Customer shall include such products in the coverage provided in its liability and fire insurance policies.
I. DELAYS - DELIVERY & INTERRUPTION OF SERVICE: Safe and Vault Store shall not be liable for any delays, however caused, or for interruptions of service caused by strikes, riots, floods, inclement weather, acts of God, mechanical breakdown of transportation vehicle, loss of communication and or other signal transmission lines, or by any event beyond the control of Safe and Vault Store. Safe and Vault Store shall not be required to furnish service to Customer while such interruption shall continue.
II. EXCLUSIONS: Services to be provided by Safe and Vault Store pursuant to this Agreement do not include:
a. Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Safe and Vault Store and/or the equipment manufacturer, including, but not limited to, the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in product specification as listed on the Web site.
b. Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended.
c. Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized supplies or equipment.
d. Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lighting; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Safe and Vault Store’s physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to non-Safe and Vault Store equipment and devices not supplied by Safe and Vault Store.
e. Electrical work external to the equipment or accessories furnished by Safe and Vault Store.
III. LIQUIDATED DAMAGES – Safe and Vault Store’s LIMITS OF LIABILITY: It is understood that Safe and Vault Store is not an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by Customer, if any is desired; that the sums payable hereunder to Safe and Vault Store by Customer are based upon the value of service offered and the scope of liability undertaken and such sums are not related to the value of property belonging to Customer or to others located on Customer’s premises. Customer does not seek indemnity by this Agreement from Safe and Vault Store and specifically waives any rights for indemnity for any damages or losses caused by hazards to Customers, Invitees, Guests, or property. Safe and Vault Store MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS OR SYSTEMS IT DELIVERS OR THE SERVICES IT FURNISHES WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE PRODUCTS, SYSTEMS AND SERVICES ARE DESIGNED TO DETECT AND/OR PROTECT. Customer agrees that Safe and Vault Store shall not be liable for any of Customer’s losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by performance or non-performance of obligations imposed by this agreement or by negligent acts or omissions of Safe and Vault Store, its agents or employees. The Customer does hereby waive and release any rights of recovery against Safe and Vault Store that it may have hereunder. It is agreed that it is impractical and impossible to fix actual damages which may arise from situations where there may be a failure of services provided, due to the uncertain value of Customer’s property or the property of others kept on the protected premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which the system is designed to detect or avert. Due to the inability of Safe and Vault Store to establish a causal connection between products, systems or service problems and Customer’s possible loss, it is further agreed that if Safe and Vault Store should be come liable for any losses or damages attributable to a failure of systems or services in any respect, its total liability to Customer shall be limited to $250.00, which the Customer agrees is reasonable. The payment of this amount shall be Safe and Vault Store’s sole and exclusive liability regardless of the amount of loss or damage incurred by the Customer. No suit or action shall be brought against Safe and Vault Store more than one (1) year after the accrual of the cause of action therefore. Since it is agreed that the Customer retains the sole responsibility of the life and safety of all persons in the protected premises, and for protecting against losses to his own property or the property of others in the protected premises, Customer agrees to indemnify, defend and hold harmless Safe and Vault Store from any and all such claims and lawsuits including the payment of all damages, expenses, costs, and attorney fees incurred by Safe and Vault Store, its employees and agents, from and against all claims, lawsuits and losses, by persons not party to this Agreement, against Safe and Vault Store for failure of its equipment or services in any respect, alleged to be caused by the improper operation of the system, whether due to malfunctioning or non-functioning of the system, or by the negligence, active or passive, of Safe and Vault Store.
IV. SUCCESSORS: The Agreement is not assignable by Customer except upon the written consent of Safe and Vault Store, which consent will not unreasonably be withheld.
ENTIRE AGREEMENT: This Agreement is to govern the providing of services by Safe and Vault Store to Customer as described herein. Nothing in this Agreement is to be construed as creating a lease or leasehold agreement between the parties. This Agreement is binding as of the acceptance of your paid order. This writing, together with acknowledged acceptance of other attachments pertaining to this Agreement is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms of such Agreement, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms. This Agreement may only be amended in writing signed by both parties.
V. LEGAL VENUE: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Spokane County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Safe and Vault Store’s Web site. Use of the Safe and Vault Store Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Safe and Vault Store as a result of this agreement or use of the Safe and Vault Store Web site. Safe and Vault Store’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Safe and Vault Store’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Safe and Vault Store Web site or information provided to or gathered by Safe and Vault Store with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Safe and Vault Store with respect to the Safe and Vault Store Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Safe and Vault Store with respect to the Safe and Vault Store Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Safe and Vault Store Web site are: Copyright 1996-2014 Safe and Vault Store and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.