SAFE 2 SAVE LLC

COMMUNICATIONS

By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

REWARDS

The user uses the SAFE 2 SAVE app to earn points when the user drives with more than 15mph. The points are given according to an algorithm that takes into account the minutes a user drives. In each 24 hour period, you may only redeem one reward at each business. Participating businesses may limit the number of rewards to offer during a given month in their discretion. You may not redeem more than one reward from each business in a 24 hour period.

Each business has the right to limit how many rewards they give out a month. If that limit has been reached for the month then that reward will disappear. If a certain discount reward is presented, you must use it on products or services that day rather than cashing it in for a gift card. You must allow the cashier or wait staff member to click Redeem in order for the reward to be given. This helps validate the reward and notify them to give you the reward.

At any point a participating business can stop participating in SAFE 2 SAVE.

CONTENT

Our Service may allow you to upload, post, link, store, share and otherwise make available certain information, text, photographs, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) you own the Content is yours and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property, contract rights or any other rights of any person or entity, and (iii) that the Content is not indecent, abusive, or in violation of any We reserve the right to terminate the account of anyone found to be infringing on any intellectual property rights of a third party.

You retain of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the non-exclusive, irrevocable, worldwide, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service without accounting or attribution to you or any other party. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

SAFE 2 SAVE may monitor and edit all Content provided by users.

In addition, Content not submitted by you found on or through this Service are the property of SAFE 2 SAVE or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

ACCOUNTS

When you create an account with us, you guarantee that (1) you are at least15 years of age, (2) you hold a valid drivers license or learners permit, and (3) the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. If you are between the ages of 15 and 18, you represent and warrant that your parent or legal guardian has read and agrees to be bound by these Terms and to be responsible for your use of the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username, the name of another person or entity or that is not lawfully available for use without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content in our sole discretion.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and remain the exclusive property SAFE 2 SAVE LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of SAFE 2 SAVE LLC.

LINKS TO OTHER WEB SITES

Our Service may contain links to third party web sites or services that are not owned or controlled by SAFE 2 SAVE LLC.

SAFE 2 SAVE LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SAFE 2 SAVE LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least thirty (30) day notice prior to any new terms taking effect. We shall determine, in our sole discretion, what constitutes a material change.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

SAFE 2 SAVE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with reasonable notice. You agree that SAFE 2 SAVE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SAFE 2 SAVE (or any part thereof).

At any point SAFE 2 SAVE may adjust the point value of rewards.

PRIVACY AND DATA COLLECTION

Data collected by SAFE 2 SAVE is for the user to know how many points they have and the collected data is provided to Safe2Save LLC and its partners for improving the app user experience, usability and performance. Data is saved when the user closes the app. We store the data collected and saved through the Service on a secure server .

Tampering with the data collection methodology will result in cancellation of the SAFE 2 SAVE account.

We also collect data about the user, such as accumulated points, participating businesses visited, trip history, biographical data such as name and date of birth, car model and city and country of residency. Such data is accessible to the user via the Service. For more information about data collection and the privacy of your information, please see our Privacy Policy [LINK].

USER OBLIGATIONS

We reserve the right to terminate a user’s account in the event of a violation of these Terms. Each user must to create a SAFE 2 SAVE user account based on a valid email address or a Facebook account. Only one such account may be used on a given device. SAFE 2 SAVE should not be used as a navigation app, GPS or direction indicator.

Under these Terms, you may not:

• provide any information that is untrue, inaccurate, offensive, or incomplete.

• The use of application(s) intended to provide fake GPS position, speed, accuracy or other similar fake GPS information is also considered a reason for termination of the account as detailed SAFE 2 SAVE is developed such that there is a known maximum number of points that can be collected in 1 day by one user account.

• Any user that presents more than that number of points in a certain day will not be considered truthful and we reserve the right to reset the number of points for that specific day.

• attempt to override or circumvent any of the usage rules embedded into SAFE 2 SAVE.

• Reproduce, publish, distribute or publicly exhibit materials provided with the Service, in whole or in part, without authorization.

• Modify or create derivative works from the Service

• Decompile, reverse engineer or otherwise attempt to [re]create the Service’s source code

• Attempt to or encourage or assist others circumvent or modify any Service security technology or software

• Attempt to gain unauthorized access to SAFE 2 SAVE or the computer systems and networks connected to SAFE 2 SAVE through hacking, password mining, or any other means

• use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of SAFE 2 SAVE content.

• reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, SAFE 2 SAVE.

TERMINATION

You agree that SAFE 2 SAVE may, without prior notice, immediately terminate, limit your access to or suspend your SAFE 2 SAVE service. Cause for such termination, limitation of access or suspension shall include but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to SAFE 2 SAVE (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the SAFE 2 SAVE’s sole discretion and that SAFE 2 SAVE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to SAFE 2 SAVE.

PROPRIETARY RIGHTS

You acknowledge and agree that SAFE 2 SAVE contains proprietary and confidential information that is owned by SAFE 2 SAVE and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of SAFE 2 SAVE in compliance with the provisions of this Agreement.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that: a) your use of SAFE 2 SAVE is at your sole risk. The application is provided on an AS IS and AS AVAILABLE basis. SAFE 2 SAVE expressly disclaims all warranties of any kind, whether express of implies, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. SAFE 2 SAVE make no warranty that SAFE 2 SAVE will meet your requirements; SAFE 2 SAVE will be uninterrupted, timely, secure or error-free. The results that may be obtained from the use of SAFE 2 SAVE will be accurate or reliable; any errors in the software will be corrected, SAFE 2 SAVE will be free from corruption, viruses, hacking, or other security intrusion.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SAFE 2 SAVE LLC NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY REWARDS; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SAFE2SAVE’s LIABILITY TO YOU OR ANY OTHER PERSON CLAIMING THROUGH YOU EXCEED TWENTY FIVE DOLLARS ($25).

YOU ARE SOLELY RESPONSIBLE FOR DRIVING SAFELY. SAFE 2 SAVE IS NOT LIABLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM DISTRACTED DRIVING.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SAFE 2 SAVE LLC, its licensee(s) and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

NOTICE

SAFE 2 SAVE may provide you with notices regarding SAFE 2 SAVE, including changes to this Agreement, by email, SMS, text message, push notification, phone calls, postings on SafeDrive website, posting on social network, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately. Such notices may not be received if you violate this Agreement by accessing the SAFE 2 SAVE in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed SAFE 2 SAVE in an authorized manner.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and SAFE 2 SAVE with respect to your use of SAFE 2 SAVE, superseding any prior version of this Agreement between you and SAFE 2 SAVE with respect to SAFE 2 SAVE. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. SAFE 2 SAVE’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to your use of SAFE 2 SAVE must commence within 5 days after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

CONTACT US

If you have any questions about these terms, please contact us at info@safe2save.org.