Be Crash Free Website Terms of Use

Legal Information & Notices

Acceptance of Terms

These Terms and Conditions of Use (the "Terms of Use") apply to the Be Crash Free website located at www.becrashfree.com and all associated sites linked to www.becrashfree.com by Be Crash Free, its subsidiaries, and affiliates, including Be Crash Free sites around the world (collectively, the "Site"). The Site is the property of Be Crash Free, LLC ("Be Crash Free") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Be Crash Free reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Be Crash Free grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Be Crash Free, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Be Crash Free’s express prior written consent.

You may use information on Be Crash Free products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Be Crash Free for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any automatic device, program, algorithm, methodology, or similar or equivalent manual process to access, acquire, copy, monitor, or reproduce any portion of the Site or any Content, or in any way circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Be Crash Free reserves the right to prohibit any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or to any systems, networks, servers, or accounts connected to the Site, by hacking, password mining, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or of any network connected to the Site, nor may you breach the security or authentication measures on the Site or on any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Be Crash Free, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or on Be Crash Free’s systems or networks or on any systems or networks connected to the site.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, with any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Be Crash Free on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Be Crash Free or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including course registrations, events, promotions, memberships, subscriptions, rentals, certifications, downloads, or other similar offerings. All such additional terms and conditions are made a part of these Terms of Use by this reference.

You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Be Crash Free’s obligations, if any, with regard to its products and services are governed solely by the agreements, waivers, releases, policies, or terms pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Be Crash Free may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Be Crash Free makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account, create login credentials, or otherwise provide certain registration information. You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.

You agree to notify Be Crash Free immediately of any unauthorized use of your account or password or any other breach of security. You may be held liable for losses incurred by Be Crash Free or any other user of or visitor to the Site due to someone else using your account, username, password, or other credentials as a result of your failure to keep your account information secure and confidential.

You may not use anyone else’s credentials, account, or login information at any time without the express permission and consent of the holder of that account. Be Crash Free cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Be Crash Free’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Be Crash Free’s privacy policy, please visit the applicable privacy policy page made available through the Site.

Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Be Crash Free does not intentionally disclose personally identifying information except as required by law, as necessary to enforce these Terms of Use, or as otherwise described in the Privacy Policy.

Links to Other Sites

This Site may contain links to other independent third-party websites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to visitors of the Site.

Such Linked Sites are not under the control of Be Crash Free, and Be Crash Free is not responsible for and does not endorse the content of such Linked Sites, including any information, materials, products, services, or other content contained on or available through such Linked Sites.

You will need to make your own independent judgment regarding your interaction with any Linked Sites. Your use of Linked Sites is subject to the terms and policies applicable to those third-party websites.

Disclaimers

BE CRASH FREE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, FEATURE, OR FUNCTION OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BEING CRASH-FREE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL FEATURES.

BE CRASH FREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

BE CRASH FREE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES MADE AVAILABLE THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BEING CRASH-FREE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction of, unauthorized access to, alteration of, or use of the Site, whether for breach of contract, tort, negligence, or under any other cause of action.

Limitation of Liability

Except where prohibited by law, in no event shall Be Crash Free, its owners, officers, directors, employees, contractors, affiliates, agents, licensors, or service providers be liable to you for any indirect, consequential, exemplary, incidental, punitive, or special damages, including lost profits, lost revenue, loss of business opportunity, loss of data, or loss of goodwill, arising out of or in connection with your use of, inability to use, or reliance upon the Site or any content, service, or feature provided through the Site, even if Be Crash Free has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Be Crash Free is found to be liable to you for any damage or loss arising out of or in any way connected with your use of the Site or any Content, Be Crash Free’s liability shall in no event exceed one hundred U.S. dollars (US $100.00) or the amount you paid directly to Be Crash Free, if any, for accessing the specific service or offering giving rise to the claim, whichever is greater.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. In such jurisdictions, Be Crash Free’s liability shall be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to indemnify, defend, and hold harmless Be Crash Free, its owners, officers, directors, employees, contractors, affiliates, agents, licensors, and service providers from and against any and all demands, loss, liability, claims, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, made against or incurred by Be Crash Free by any third party due to or arising out of or in connection with your use of the Site, your violation of these Terms of Use, your violation of any law or the rights of a third party, or any information or material submitted by you through the Site.

Be Crash Free reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with Be Crash Free in asserting any available defenses.

Violation of These Terms of Use

Be Crash Free may disclose any information it has about you, including your identity, if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with Be Crash Free’s rights or property, or the rights or property of visitors to or users of the Site.

Be Crash Free reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request.

You acknowledge and agree that Be Crash Free may preserve any communication by you with Be Crash Free through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Be Crash Free determines that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;

2. enforce these Terms of Use;

3. respond to claims that any such data violates the rights of others; or

4. protect the rights, property, or personal safety of Be Crash Free, its employees, users of or visitors to the Site, and the public.

You agree that Be Crash Free may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Be Crash Free, for which monetary damages would be inadequate, and you consent to Be Crash Free obtaining any injunctive or equitable relief that Be Crash Free deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Be Crash Free may have at law or in equity.

If Be Crash Free does take any legal action against you as a result of your violation of these Terms of Use, Be Crash Free will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Be Crash Free.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Idaho, without regard to its conflicts of law provisions. This matches the governing-law language already used on Be Crash Free’s current terms page, which states that the agreement is governed by Idaho law and that users submit to exclusive jurisdiction in Ada County courts.

You agree to the personal jurisdiction by and venue in the state courts located in Ada County, Idaho, and you waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action shall be barred to the extent permitted by law.

Before filing any formal legal claim, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms of Use through informal discussion. If such dispute cannot be resolved within a reasonable period of time, either party may pursue any right or remedy available under applicable law.

Void Where Prohibited

Be Crash Free administers and operates the Site from the United States. Although the Site may be accessible worldwide, not all features, products, services, or programs discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.

Be Crash Free reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited.

If you choose to access the Site from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Be Crash Free with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Be Crash Free with respect to such use are hereby superseded and canceled.

Be Crash Free’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Be Crash Free of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Be Crash Free and you be deemed to modify any provision of these Terms of Use.