Terms of Use
Last Updated: October 17, 2026
These terms of use are entered into by and between you and SafeNet Technology LLC, an Ohio limited liability company (“SafeNet,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of, including any content, functionality, and services offered on or through, safenettechnology.com and the SafeNet Technology mobile application, including its versions for Windows computers (collectively, our “Website”).
Please read the Terms of Use carefully before you start to use our Website. When you create an account or subscribe at checkout, we will ask you to confirm, by checking a box or clicking a button, that you agree to these Terms of Use and acknowledge our Privacy Notice and, at checkout, that you also agree to our Subscription Agreement. BY DOING SO, OR BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS, AS DESCRIBED UNDER ARBITRATION AGREEMENT AND DISPUTE RESOLUTION. OUR PRIVACY NOTICE DESCRIBES HOW WE COLLECT AND USE YOUR INFORMATION. We keep a record of each confirmation, including the version of these Terms of Use presented, the date and time, and the account or transaction associated with it. If you do not want to agree to these Terms of Use, you must not access or use our Website.
Minimum User Age and United States Residency
This Website is offered and available to users who are 18 years of age or older and reside in the United States, including its territories and possessions. By using our Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use our Website. This section does not apply to a child whose device you manage through the SafeNet Technology mobile application under Installing, Deactivating, and Removing the App, and you are responsible for that device as provided there.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. We will post the updated Terms of Use with a revised “Last Updated” date and, for material changes, will give you reasonable advance notice by email to the address associated with your account or through our Website or the SafeNet Technology mobile application before the changes take effect.
Your continued use of our Website after the effective date of the updated Terms of Use constitutes your acceptance of them, except as provided under Arbitration Agreement and Dispute Resolution for changes to the arbitration agreement; if you do not agree, you must stop using our Website and may close your account. We will retain prior versions of these Terms of Use and make them available on request.
Accessing our Website and Account Security
We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to our Website.
- Ensuring that all people who access our Website through your internet connection are aware of these Terms of Use and comply with them.
To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. Our Privacy Notice describes how we collect, use, and disclose all information you provide to register with our Website or otherwise, including, but not limited to, through the use of any interactive features on our Website, and you acknowledge that we handle that information as described there.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity other than a co-parent or co-guardian as permitted below. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or portions of it using your username, password, or other security information, except that a co-parent or co-guardian of the child whose device is managed through your account may use the account with your permission. You are responsible for all activity that occurs under your account, including any activity by a co-parent or co-guardian. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Installing, Deactivating, and Removing the App
You may install the SafeNet Technology mobile application only on a device that you own or are legally authorized to manage, and only to manage that device’s use by your child who is under 18 or by a child under 18 for whom you are the legal guardian. You represent and warrant that you have that authority for each device you pair with your account.
On Apple devices, the SafeNet Technology mobile application cannot prevent its own removal. If it is removed from a device paired with your account while it is active, we will send you a push notification when our systems detect the removal, which may be delayed while the device is turned off or offline. On Android and Windows devices, the SafeNet Technology mobile application can be removed only by entering a PIN that we provide to you, although resetting the device or the other means described below may remove it. You must keep that PIN confidential. You may deactivate the SafeNet Technology mobile application at any time through your account, and while it is deactivated it collects no information from the device other than whether it remains installed. If your account is closed while the SafeNet Technology mobile application remains installed on any device, it stops filtering that device and stops collecting information from it. If you plan to close your account, you should first remove the SafeNet Technology mobile application from each device, using the PIN for each Android or Windows device.
No parental-control software can prevent every attempt to get around it. A device’s user may be able to bypass filtering by changing the device’s network or DNS settings, using a virtual private network, resetting the device, or by other means, and filtering stops on any device from which the SafeNet Technology mobile application has been deactivated or removed, and on every device paired with your account once your account is closed. You remain responsible for supervising your child’s use of each device.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SafeNet, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages or screens of our Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download them and install a copy on each device you are permitted to manage under Installing, Deactivating, and Removing the App, solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
- Access or use for any commercial purposes any part of our Website or any services or materials available through our Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by SafeNet. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The SafeNet Technology name, the SafeNet Technology logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SafeNet or its licensors. You must not use such marks without the prior written permission of SafeNet. All other names, logos, product and service names, designs, and slogans on our Website are the trademarks of their respective owners.
Prohibited Uses
You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate SafeNet, a SafeNet employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm SafeNet or users of our Website, or expose them to liability.
Additionally, you agree not to:
- Use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.
- Use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.
- Use any manual process to monitor or copy any of the material on our Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the servers on which our Website is hosted, or any server, computer, or database connected to our Website.
- Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Website.
Content Standards
These content standards apply to any material you send, transmit, upload, or otherwise make accessible through our Website. All such material must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, such material must not:
- Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, embarrassment, anxiety, or alarm to others.
- Impersonate any person, or misrepresent the identity or affiliation of the person sending it.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Imply that it originates from or is endorsed by us or any other person or entity if this is not accurate.
Reliance on Information Posted
The information presented on or through our Website is available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability and responsibility for reliance placed on these materials by you, other visitors to our Website, or anyone who may be informed of its contents.
This Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SafeNet, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SafeNet. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
Changes to our Website
We may update the content on our Website from time to time, but its content is not necessarily complete or up to date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to our Website
Our Privacy Notice describes how we collect, use, and disclose the information we collect on our Website. By using our Website, you acknowledge that we handle your information as described in the Privacy Notice.
Linking to our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Website.
- Send emails or other communications with certain content, or links to certain content, on our Website.
- Display limited sections of content from our Website on your own websites or specific third-party websites, or make it appear as though they are displayed there.
These features are available for use exclusively as provided by us and strictly in relation to the content with which they are associated. Usage must also comply with any additional terms and conditions provided for these features. Subject to the foregoing, you must not:
- Establish a link from any website not owned by you.
- Display our Website or parts of it on another site, such as through framing, deep linking, or in-line linking.
- Link to any part of our Website other than the homepage.
- Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Website
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Use of Website Outside of the United States
Our Website is intended for use only in the United States, including its territories and possessions. We make no representation that our Website or any of its content is appropriate or available for use outside of the United States, and access to our Website from outside the United States is not permitted. Access to our Website may also not be legal by certain people or in certain countries. Anyone who accesses our Website from outside the United States does so in breach of these Terms of Use and is responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You must implement procedures for anti-virus protection, ensure data accuracy, and maintain external backups for data reconstruction. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SAFENET NOR ANY PERSON ASSOCIATED WITH SAFENET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SAFENET NOR ANYONE ASSOCIATED WITH SAFENET REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SAFENET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SAFENET, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED BY THE FOREGOING, OR THE FOREGOING EXCLUSION IS HELD UNENFORCEABLE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SAFENET, ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, OUR WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, YOU PAID TO SAFENET FOR ACCESS TO OR USE OF OUR WEBSITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION ACCRUED. THIS LIMITATION APPLIES REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAFENET, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF OUR WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM OUR WEBSITE.
Arbitration Agreement and Dispute Resolution
YOU AND SAFENET ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, OUR WEBSITE, OR YOUR RELATIONSHIP WITH US WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
You agree to this arbitration agreement for yourself and, to the extent the law allows, on behalf of any co-parent, co-guardian, or other person who uses your account, and it applies, to the extent the law allows, to any claim brought on behalf of a child whose device is managed through your account.
Before either you or we begin an arbitration or a court action, the party with the claim will send the other a written notice describing the claim and the relief requested. You may send your notice to us by email to wecare@safenettechnology.com or by mail to SafeNet Technology LLC, ATTN: Keith Miller, 513 Ragersville Road NW, Sugarcreek, Ohio 44681, and we will send our notice to you at the mailing or email address associated with your account or, if you have no account, at the address you last provided to us or, failing that, at any email or mailing address you have used to contact us. You and we will try in good faith to resolve the claim informally, and neither you nor we may file an arbitration or a court action until sixty (60) days after the notice is received. Any applicable limitations period is tolled during that sixty (60) day period. This notice and waiting period do not apply to a request for injunctive or other equitable relief to prevent the infringement, misappropriation, or violation of intellectual property rights or unauthorized access to or use of our Website, or to a proceeding to compel arbitration or to confirm, vacate, or enforce an arbitration award.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, before a single arbitrator, except as modified by this section. Any in-person hearing will be held in the county where you reside or, at your election, by telephone or video conference. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Except for the matters this section reserves to a court, the arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability or enforceability of this arbitration agreement, including any unconscionability challenge or any other challenge that the arbitration agreement or these Terms of Use are void, voidable, or otherwise invalid. The matters reserved to a court are the validity and effect of an opt-out, the enforceability of the class arbitration waiver, and any request for public injunctive relief. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and judgment on the award may be entered in any court of competent jurisdiction. We will pay the fees the AAA Rules allocate to us within thirty (30) days after they are due. We will also pay the AAA filing, administrative, and arbitrator fees that the AAA Rules allocate to you, unless the arbitrator finds that your claim is frivolous.
You may opt out of this arbitration agreement by sending us written notice by email to wecare@safenettechnology.com or by mail to SafeNet Technology LLC, ATTN: Keith Miller, 513 Ragersville Road NW, Sugarcreek, Ohio 44681 within thirty (30) days after the date you first agree to these Terms of Use or our Subscription Agreement by checking the box or clicking the button we present when you create an account or start a subscription or, if you never do so, within thirty (30) days after you first use our Website. If you agreed to these Terms of Use or our Subscription Agreement before the current version of this arbitration agreement was posted, you may opt out of the current version in the same way within thirty (30) days after the date you first agree to the current version by checking the box or clicking the button we present when you create an account or start a subscription. The postmark date or the date the email is sent controls. Your notice must give your name, your mailing address, the email address associated with your account if you have one, and a clear statement that you opt out of arbitration, and we will honor any written notice that identifies you and clearly states that you opt out, whether or not it includes every item listed above. An opt-out sent under these Terms of Use or under our Subscription Agreement opts you out of the arbitration agreement in both. If you opt out, disputes between you and us will be resolved in court as provided under Governing Law and Jurisdiction, the class arbitration waiver in this section does not apply to you or to us, and your opt-out does not affect any other term of these Terms of Use.
Either you or we may bring an individual claim in small claims court instead of arbitration if the claim qualifies for that court and remains there on an individual basis. If a small claims action is transferred, removed, or appealed to a court of general jurisdiction, either you or we may elect to have the claim arbitrated under this section.
Either you or we may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, or unauthorized access to or use of our Website, without first submitting the matter to arbitration.
YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IN ANY DISPUTE, NEITHER YOU NOR SAFENET WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER, AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION. IF THE CLASS ARBITRATION WAIVER IS FOUND UNENFORCEABLE AS TO A CLAIM, THAT CLAIM WILL PROCEED IN COURT AND NOT IN CLASS ARBITRATION.
Nothing in this section waives your right to seek public injunctive relief where law makes that right non-waivable, and a court, not an arbitrator, will decide any request for that relief. Nothing in this section prevents you from filing a complaint with, or participating in an investigation by, any federal, state, or local government agency.
If twenty-five (25) or more demands for arbitration raising similar claims are filed by or with the help of the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules, including the AAA’s appointment of a process arbitrator, will govern the administration of those demands, and the fees will be those the AAA sets for mass arbitrations. Any applicable limitations period for a claim in those demands is tolled from the filing of the demand until the AAA begins administering it. Those rules govern administration only, and each claim will still be decided on an individual basis.
Except as provided above for the class arbitration waiver, if any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
This arbitration agreement survives termination of these Terms of Use, closure of your account, and the end of your relationship with us. No change to this arbitration agreement applies to a dispute of which either party had written notice before the effective date of the change.
Governing Law and Jurisdiction
Except as provided under Arbitration Agreement and Dispute Resolution with respect to the Federal Arbitration Act, all matters relating to our Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by the laws of the state of Ohio other than those relating to conflicts of laws. This Governing Law and Jurisdiction section, including the forum selection below, applies to any court proceeding, whether or not the arbitration agreement set out in these Terms of Use applies, is enforced, or you have opted out of it. Notwithstanding the choice of Ohio law, mandatory consumer-protection laws of the state in which you reside may apply to you to the extent those laws cannot be waived.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Website that is not subject to arbitration as set forth herein, including any proceeding to compel arbitration or to confirm, vacate, or enforce an arbitral award, other than an individual claim brought in small claims court under Arbitration Agreement and Dispute Resolution, must be litigated in the federal courts of the United States located in the Northern District of Ohio or the courts of the State of Ohio located in Tuscarawas County, Ohio, and you and SafeNet consent to submit to the jurisdiction and venue of those courts.
Waiver of Jury Trial
FOR ANY CLAIM THAT PROCEEDS IN ARBITRATION, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO A JUDGE OR JURY TRIAL. FOR ANY CLAIM THAT PROCEEDS IN COURT, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. Arbitration does not involve a judge or jury, and court review of an arbitration award is limited. In any litigation between you and us over whether to vacate or enforce an arbitration award, you and we waive all rights to a jury trial and elect instead to have a judge resolve the dispute.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU OR WE MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED, BY FILING SUIT OR, FOR AN ARBITRABLE CLAIM, BY SENDING THE WRITTEN NOTICE OF THE CLAIM DESCRIBED UNDER ARBITRATION AGREEMENT AND DISPUTE RESOLUTION, WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW THAT CANNOT BE WAIVED.
Waiver and Severability
No waiver by SafeNet of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SafeNet to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, and any policy or set of terms they expressly incorporate by reference, constitute the sole and entire agreement between you and SafeNet regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website. This section does not affect our Subscription Agreement or any other separate terms you accept when you subscribe or make another purchase through our Website. It also does not affect our Privacy Notice, which describes our information practices and is not part of these Terms of Use.
Your Comments and Concerns
This Website is operated by SafeNet.
All feedback, comments, requests for technical support, and other communications relating to our Website should be directed to wecare@safenettechnology.com.
