Introduction
This page states the Terms and Conditions under which
you may use www.sitesafer.com (the "Web Site"), which is
property of Aw2 Networks International, Inc. ("Aw2
Networks International"). Please read this page
carefully. If you do not accept these Terms and
Conditions, do not use the Web Site. Additional terms
apply to the use of our software, and are disclosed in
an End User License Agreement distributed with each of
our software products. We may revise these Terms and
Conditions at any time by posting an update to this
page. You should visit this page periodically, because
your continued use of the Web Site following the posting
of changes to these Terms and Conditions will mean you
accept those changes.
Description of Service
We test websites, downloadable programs, and
registration/signup forms using a variety of automated
and manual techniques, in order to help Internet users
make more informed decisions about where they search,
browse, and transact online. The results of our tests
are reported in various summary and detailed formats on
the Web Site and via the company's software products.
Content Linked to by Site
Safer
Our objective is to test all publicly available
websites without limiting or excluding sites based on
specific content, general subject matter, or
functionality. The sites which we test are developed by
external companies over whom we exercise no control. Our
test results are developed primarily by automated
machinery and computers. We may conduct, but do not
guarantee or accept requests for, additional manual
screening of particular sites to add to or clarify the
results of automated testing. Portions of our software
may display the results of our test results as users
search for sites or browse the Internet. Our ratings
adjacent to search results or a particular site are not
to be construed as a guarantee of any particular site's
specific practices or trustworthiness, and in no case
represents an endorsement by Aw2 Networks International,
Inc., its affiliates and subsidiaries of the site's
specific content, general subject matter, overall
quality or usefulness. Our software may display our test
results adjacent to websites which some people find
objectionable, inappropriate, or offensive. We assume no
responsibility for the content of any site we test,
listed on the Web Site or referenced by our software.
Personal Use Only
The Web Site is made available for your personal,
non-commercial use only. You may not use the Web Site or
our software to sell a product or service, or to
increase traffic to your web site for commercial
reasons, such as advertising sales. You may not "scrape"
the Web Site. You may not take our test results and
reformat and display them, or mirror home page or
results pages on your web site. If you want to make
commercial use of our services, you must enter into a
separate agreement with us to do so in advance.
Our Intellectual Property
All Web Site materials including, but not limited to,
the Aw2 Networks International and Site Safer logos,
design, text, graphics, sounds, images and other
material, and the selection and arrangement thereof (the
"Materials") are copyrighted by Aw2 Networks
International and its licensors and vendors, and are
protected by United States and foreign intellectual
property laws. Except as stated herein, none of the
Materials may be copied, reproduced, or distributed in
any form without the prior written permission of Aw2
Networks International. Permission is granted to
display, copy, and download the Materials on this
website for personal, non-commercial and informational
use only provided that you may not (a) modify the
Materials or (b) remove or alter any copyright or other
proprietary notices contained in the Materials.
You may not use, frame or utilize framing techniques
to enclose any Aw2 Networks International or Site Safer
trademark, logo or other proprietary information
(including the images found at this website, the content
of any text or the layout/design of any page or form
contained on a page) without Aw2 Networks
International's express written consent. Further, you
may not use any meta tags or any other "hidden text"
utilizing a Aw2 Networks International or Site Safer
name, trademark or product name without Aw2 Networks
International's express written consent.
Aw2 Networks International makes no claims that the
Materials may be lawfully viewed or downloaded outside
of the United States. Access to the Materials may not be
legal by certain persons or in certain countries. If you
access the Web Site from outside of the United States,
you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
Privacy Policy
Click here to review our
Privacy
Policy.
User Conduct
You agree to not use the Web Site to:
- post any content that is unlawful, harassing,
defamatory, obscene, libelous, invasive of another's
privacy, or racially, ethnically or otherwise
objectionable;
- impersonate any person or entity, including, but
not limited to, a Aw2 Networks International
employee, forum leader, or falsely state or
otherwise misrepresent your affiliation with a
person or entity;
- post any content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights of any party;
- post or otherwise make available any unsolicited
or unauthorized advertising or promotional
materials;
- interfere with or, disrupt the Web site or
violate the security of the Web Site or servers or
networks connected to Site Safer;
- use the Web Site to violate the security of
other Web sites by any method.
You acknowledge that we shall have the right (but not
the obligation) in its sole discretion to pre-screen,
refuse, or move any content that is submitted to the Web
Site. You agree that you must evaluate, and bear all
risks associated with, the use of any content, including
any reliance on the accuracy, completeness, or
usefulness of such content.
You acknowledge that we shall have the right to
terminate your access to the Web Site for violations of
any of these rules, including repeat infringement of
copyrights.
User Submissions
You acknowledge and agree that you are solely
responsible for the form, content and accuracy of any
material placed by you on the Web Site.
If you submit comments or other content to the Web
Site, we may make use of your submission, including
showing your submission to other users who might benefit
from your submission. As such, we need broad rights in
the content you submit to the Web Site. The following
paragraph describes these rights.
By submitting content to the Web Site, you grant Aw2
Networks International and its subsidiaries and
affiliates the royalty-free, perpetual, irrevocable,
non-exclusive right and license (including a waiver of
any moral rights) to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for
the full term of any rights that may exist in such
content. You also warrant that the holder of any rights,
including moral rights in such content, has completely
and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the
license stated above. You also permit any user of the
Web Site to access, display, view, store and reproduce
such content for personal use. Subject to the foregoing,
the owner of such content placed on the Web Site retains
any and all rights that may exist in such content.
Changes In Terms and
Conditions
We may modify or terminate our services from time to
time, for any reason, and without notice and without
liability to you. We reserve the right to modify these
Terms of Service from time to time without notice. You
should visit this page periodically, because your
continued use of the Web Site following the posting of
changes to these Terms and Conditions will mean you
accept those changes.
Disclaimer of Warranties
AW2 NETWORKS INTERNATIONAL DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE
WEBSITE OR SOFTWARE. AW2 NETWORKS INTERNATIONAL
DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED
INACCURATE OR INCOMPLETE. AAW2 NETWORKS INTERNATIONAL
DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON
THE INTERNET USING THE WEBSITE OR SOFTWARE.
THE WEBSITE AND SOFTWARE ARE PROVIDED "AS IS," WITH
NO WARRANTIES WHATSOEVER. AW2 NETWORKS INTERNATIONAL AND
ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Aw2
Networks International, ITS AFFILIATES, SUBSIDIARIES AND
LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE COMPANY'S WEBSITE AND SOFTWARE. AW2 NETWORKS
INTERNATIONAL, ITS AFFILIATES, SUBSIDIARIES AND
LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE WEBSITE OR SOFTWARE.
Aw2 Networks International DOES NOT WARRANT THAT THE
WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR
ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF
THE WEBSITE OR SOFTWARE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Aw2
Networks International, ITS AFFILIATES, AND SUBSIDIARIES
ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the
exclusion of implied warranties, so the above exclusions
may not apply to you. You may also have other rights
that vary from state to state and jurisdiction to
jurisdiction.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL AW2 NETWORKS
INTERNATIONAL ITS AFFILIATES, SUBSIDIARIES OR LICENSORS
BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE WEBSITE OR SOFTWARE. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES; WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISEANY OTHER LEGAL THEORY, (EVEN IF AW2 NETWORKS
INTERNATIONAL, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
WEBSITE OR SOFTWARE, FROM INABILITY TO USE THE WEBSITE
OR SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE WEBSITE OR SOFTWARE (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THE WEBSITE OR COMMUNICATIONS TO USERS, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE WEBSITE OR SOFTWARE OR
RECEIVED THROUGH ANY LINKS PROVIDED BY AW2 NETWORKS
INTERNATIONAL'S COMMUNICATIONS TO USERS. THIS LIMITATION
SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER
APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE WEBSITE OR SOFTWARE OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, THE WEBSITE OR SOFTWARE. SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
Some states or other jurisdictions do not allow the
exclusion or limitation of liability for incidental or
consequential damages, so the above limitations and
exclusions may not apply to you.
Without limiting the foregoing, under no
circumstances shall Aw2 Networks International, its
affiliates, subsidiaries or licensors be held liable for
any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes
beyond its reasonable control, including, without
limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign
courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air
conditioning.
Miscellaneous Provisions
These Terms of Service and all claims related to
them, their execution or the performance of the parties
under them, shall be governed by and construed in
accordance with the laws of the State of New York,
without giving effect to its conflict of laws provisions
or your actual state or country of residence, and shall
not be governed by the provisions of the United Nations
Convention on Contracts for the International Sale of
Goods. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms
of Service to be unenforceable, the remainder of the
Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire
agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any
waiver of any provision of the Terms of Service will be
effective only if in writing and signed by Aw2 Networks
International.
