Terms of Use

Effective Date: November 2017

THESE TERMS OF USE GOVERN YOUR USE OF THE SAFETY NEST INC. (“SAFETYWING” OR “WE”) WEBSITE LOCATED AT SAFETYWING.COM OR AT OTHER WEBSITES CONTROLLED BY SAFETYWING (THE “WEBSITE”). BY USING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SAFETYWING AT ANY TIME IN ITS REASONABLE DISCRETION. YOUR USE OR CONTINUED USE OF THE WEBSITE AFTER SUCH CHANGES TAKE EFFECT CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGES. YOU ARE ADVISED TO CONSULT THESE TERMS OF USE REGULARLY.

ACCESS TO THIS WEBSITE

To access this website or some of its resources, you may be asked to provide certain personal details or other information. As a condition of your use of this website, all information that you provide on this website will be correct, current and complete; if we believe that it is not, SafetyWing has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time. In addition, certain other services of this website, such as applying for coverage, may be governed by additional or different terms and conditions. You should carefully review those terms and conditions as they are presented to you.

PRIVACY

We treat any personally-identifying information submitted through the website in accordance with our Privacy Policy and is incorporated into and made a part of these Terms of Use. The Privacy Policy is subject to change, and you are encouraged to review the Privacy Policy whenever you supply the website with any information.

RESTRICTIONS ON USE

You may use this website for only for your internal purposes. You may not use this website or any of the content, defined below, contained on it for any other purpose, including any unpermitted commercial purpose, unless we provide our prior written consent to such use. Uses requiring our prior written consent include the following, without limitation:

  1. co-branding this website;
  2. framing this website;
  3. using any robots, scrapers, data mining tools, or any similar device, tool, software, or process;
  4. hyper-linking to specific product or coverage information; or
  5. reselling or remarketing the content, as defined below.

"Co-branding" means displaying a name, logo, trademark or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish or distribute this website or its content. You will cooperate fully with SafetyWing in causing any unpermitted or unauthorized activity of yours or a third party authorized by you to cease immediately. To the extent that such unpermitted or unauthorized use continues after notice from SafetyWing, you agree to pay or reimburse SafetyWing for any and all costs associated with ending or terminating such use.

PROPRIETARY INFORMATION

The material and content accessible from this website and any other website that SafetyWing owns, operates, licenses or controls (the “content”) is the proprietary information of SafetyWing or the party that provided the Content to us, and SafetyWing or such party retains all right, title and interest in the content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of SafetyWing, except that you may print out a copy of the content solely for your own personal use. In doing so, you may not remove or alter, or cause the removal or alteration of, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the content. Modification or use of the content, except as expressly provided herein, may violate SafetyWing. Neither title nor intellectual property rights in the content are transferred or licensed to you by this agreement or your access of this website. Certain information provided to you by SafetyWing through non-public portions of the website may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purposes it was disclosed to you. When reasonable, you must return or destroy such information when you have fulfilled such purpose.

SUBMISSIONS

In consideration for enjoying the use of this website, you hereby grant to SafetyWing the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all stories, anecdotes, “Smiles,” content, remarks, suggestions, ideas, graphics, inventions, methods, process, algorithms or other information communicated to SafetyWing through this Website (collectively, the “submission”), and to incorporate any Submission into other works in any form, media or technology now known or later developed. SafetyWing may use any submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other additional consideration of any kind, and will not incur any liability as a result of any similarities to the submission that may appear in future SafetyWing operations.

DISCLAIMER

SafetyWing cannot and does not guarantee or warrant that any files available for downloading from the Internet are free of viruses, worms, Trojan horses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, for accuracy of data input and output, and for maintaining a means external to this website for reconstructing lost data. SafetyWing does not assume any responsibility or risk for your use of the Internet. USE THIS WEBSITE AT YOUR OWN RISK. EXCEPT AS MAY BE EXPRESSLY STATED IN OTHER APPLICABLE TERMS AND CONDITIONS OR SIMILAR AGREEMENT, THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT OR RESULTS THEREOF IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE EXCEPT FOR THE PERSON AND/OR FOR THE USE INTENDED. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TOKIO MARINE HCC - MIS GROUP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information was posted on this website, and SafetyWing does not undertake any obligation to update such information or to remove such information from this website, if it is not or is no longer accurate or complete.

LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED BY LAW OR REGULATION, SAFETYWING, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, INSURANCE PARTNERS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT RELATES IN ANY WAY TO THE USE OF SAFETYWING´S WEBSITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TOKIO MARINE HCC - MIS GROUP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO TOKIO MARINE HCC - MIS GROUP FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

You will indemnify and hold SafetyWing, its subsidiaries, affiliates, licensors, content providers, service providers, insurance partners, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the content other than as expressly authorized herein, and any claim that your submission violates a third party’s intellectual property or other rights, including the rights of publicity and privacy, or defames a third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the content and this website.

TRADEMARKS

Trademarks, service marks and logos appearing in this website (collectively, the “marks”) are the property of SafetyWing or the party that provided us the marks, and we or such party retain all rights with respect to such respective marks. No rights in any marks are granted to you by this agreement or your access of this website.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish or transmit in connection with the website any material that: you do not have the right to post, send, submit, publish or transmit, including any proprietary material of a third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic or indecent; does not pertain directly to the Website; threatens or abuses others; or libels, defames, invades privacy or stalks; or is racist, harassing, threatening or offensive; seeks to exploit or harm minors or older adults by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property right or other right of any entity or person, including violating anyone’s copyrights or trademarks, or their rights of privacy or publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or soliciting goods or services, or any combination thereof) except as may be specifically authorized on this website; solicits funds, advertisers or sponsors; includes programs that contain viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications or any combination thereof; amounts to a "pyramid" or similar scheme; disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or contains hyper-links to other websites that contain content that falls within any description set forth above. SafetyWing reserves the right to monitor use of this website in order to determine compliance with these Terms of Use, and reserves the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain responsible solely for the content of your Submissions. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SAFETYWING NOR ANY THIRD PARTY THAT PROVIDES CONTENT TO TOKIO MARINE SAFETYWING WILL ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY SAFETYWING OR SUCH THIRD PARTY WITH RESPECT TO ANY SUBMISSION OF YOURS.

SECURITY

Any passwords we provide for this website are for your individual use only. You will be responsible for the security of your password. Except where otherwise notified, SafetyWing may rely upon the acts of any person or entity using your account information. SafetyWing may monitor your password and, at our discretion, require you to change it. If you continue to use a password that SafetyWing considers insecure, we will require you to change the password or will terminate your account. You are prohibited from using this website or any related services or facilities to compromise security or to tamper with system resources, accounts or both. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you are involved in any violation of system security, SafetyWing will release your details to system administrators at other websites in order to assist them in resolving security incidents. SafetyWing reserves the right to investigate suspected violations of these Terms of Use. SafetyWing will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages or Submissions, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD SAFETYWING HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SAFETYWING DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS, OR BOTH, BY EITHER SAFETYWING OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use are governed and interpreted by the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Indiana in connection with any dispute between you and SafetyWing arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use in the state and federal courts in San Francisco, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed deleted and will not affect the validity and enforceability of any remaining provisions. The waiver of a breach of any provision of this Agreement by a party will not operate or be construed as such party’s waiver of any other or subsequent breach. These Terms of Use constitute the entire agreement between you and SafetyWing relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. SafetyWing may revise these Terms of Use at any time by updating this posting.

Disclaimer of Liability

SafetyWing maintains this website as a service to the internet community. The information contained on this website is subject to change without notice and SafetyWing assumes no commitment to update the information contained herein. You hereby acknowledge that any reliance upon such information shall be at your sole risk. This service and all such information is provided on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL HCC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF ANY PERSON'S ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE. The world wide web exists across public networks, many of which are insecure. SafetyWing cannot guarantee the security of the in-transit information. SafetyWing disclaims any and all liability for interception by unauthorized persons and for any computer viruses that may be loaded into your computer as a result of the downloading of any information from this or any other website. The descriptions of products and services contained on this website are intended to provide a reference guide to the types of products and services offered by SafetyWing and are not intended to be relied upon by clients or business partners. Some products and services referenced on this website may not be available in all areas. Please contact us directly if you wish to obtain specific information concerning the products and services referenced on this website. All links and frames of this website to third party sites are provided as a convenience only. SafetyWing does not control or endorse the information and content contained on any such sites, or their sponsors. SafetyWing is under no obligation to maintain any link on this website and may remove any such link at any time in its sole discretion for any reason whatsoever.

Disclaimer of Endorsement

All links and frames of this website to third party sites are provided as a convenience only. Tokio Marine HCC – MIS Group does not control or endorse the information and content contained on any such sites, or their sponsors. Tokio Marine HCC – MIS Group is under no obligation to maintain any link on this website and may remove any such link at any time in its sole discretion for any reason whatsoever.

Disclaimer of Privacy

Except as otherwise provided herein, by providing information through the use of this website (such as inquiries, comments, suggestions or ideas) to SafetyWing, the visitor agrees that such information is provided on a non-confidential basis and that SafetyWing shall have unlimited rights to use (or not use), distribute (or not distribute), reproduce (or not reproduce), and disclose (or not disclose) such information worldwide as SafetyWing deems appropriate, without compensation or acknowledgment of its source. SafetyWing shall be free to use any ideas, concepts, know-how or techniques contained in any information a visitor provides SafetyWing through this website.

Should you have any questions or comments about our privacy policies or practice, please direct them to the SafetyWing at post@safetywing.com

Jurisdictional Issues

This website is controlled and operated by SafetyWing from its offices within the state of California, United States of America. SafetyWing makes no representation that materials on www.safetywing.com are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

The information contained on this website is not an offer to sell or a solicitation to buy any security. No security is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.

Should a court of competent jurisdiction hold or find any portion or provision of any of the disclaimers appearing hereon illegal, non-enforceable, or invalid the remainder of the disclaimer or disclaimers shall remain in full force and effect in that case and in all other cases.

Employment Opportunities

SafetyWing is an equal opportunity employer, dedicated to a policy of non-discrimination in employment on any basis including race, color, age, sex, religion, disability or national origin. Consistent with the American Disabilities Act, applicants may request accommodations needed to participate in the application process.

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