Safe Communities Vendor ID® Mobile Identification System
For convenience, the Safe Communities App, Our Digital ID, authorizations, consents releases and other forms that We use, any physical identification card We may issue and the services We provide will sometimes be referred to in this Agreement, collectively, as Our “Products.” Registered Users of Our Products, Users and/or Visitors to Our Website may be referred to in this Agreement as such. Safe Communities LLC, a Florida limited liability company, refers to itself and all other entities and uniform resource locators (“URLs”) under which We do business, “We,” “Our” and “Us.” The word Visitor includes all persons or entities visiting Our Website or using the Safe Communities App, and such Visitors’ respective employees, independent contractors and, the agents of each. The term “Registered User” means a Visitor who has used the Safe Communities App to register to use Our Products or Services. The term “Vendor” means any person entering a participating community that provides a service for a fee, and this description will apply to both individuals or legal entities, and the respective agents and employees of each. All passengers in a vehicle under the care, custody, or control of a Vendor is included in the definition of “Vendor.” The term “Communities” includes all businesses and residential properties both for-profit and not for profit entities that use Our products. The term “Registered User” means a Vendor who uses any of Our Products The term "Person" and "Persons" is defined as any individual or entity, and their respective employees and agents, using Our Website and / or our Products for any and all reasons. The word Person or Persons does not include Us. The singular and plural of each of the above-defined terms shall apply depending on the context in which such defined term is used.
Transactions By Electronic Means And Electronic Signatures
Our Website, the Safe Communities App and / or Digital ID may include, by way of example and not limitation, applications, agreements, authorizations, consents, acceptances, releases, and other electronic documents (collectively, “Transaction Documents”) that Visitors and Registered Users sign and/or use in order for us to conduct Our business including, by way of example and not limitation, background checks, use of Our Digital ID and Geo-location tracking. Visitors, Registered Users, and Us acknowledge and agree to conduct transactions by electronic means including the use of any letters, characters, or symbols (“Electronic Signature”) on Transaction Documents. An Electronic Signature includes, by way of example and not limitation, a “check” mark symbol, an “x” mark symbol, and/or initials (collectively, “Symbol”). Visitors and Registered Users hereby accept a Symbol placed on a Transaction Document as an Electronic Signature and a true representation of the Visitor’s or Registered User’s signature showing acceptance of the Transaction Documents upon which such Symbol appears, thereby authenticating the writing contained in any and all such Transaction Documents. All Visitors and Registered Users further covenant, warrant, and represent to Us that We may rely on such Symbol as a true representation of such Visitor’s or Registered User’s Signature.
Grant Of Non-Exclusive, Non-Assignable, Personal License For Use
Use Of Safe Communities App, Digital ID
Geo-Location Tracking Using
Global Positioning Systems ("GPS Tracking")
No Assurance Of Privacy
Authorizations And Consent To Use Geo_Location Tracking
Authorization To Complete And Sign Documents
Use of Products and Services / Registration / Geo-Tracking / Function of Digital ID
Our Safe Communities App and Digital ID is designed, and is to be used, solely for commercial purposes within the Communities. Communities contract with us to provide Vendor and potential Vendor background investigation, research services, personal background investigations, public record investigation services, Geo-location tracking of Vendors within the Communities using GPS and other current and future technologies as such technologies become available (collectively “Services”). Our Products and Services are intended to assist personnel responsible for maintaining security in the Communities with whom we serve to perform the security function. Our Products and Services permit Us to do background checks on Vendors and employees and agents of Vendors who seek to provide products and services to the Communities and residents of the Communities. The Digital ID also permits Geo-location Tracking using GPS Tracking of Registered Users of the Digital ID while the Registered User is within the Communities. Our Products and Services permit certain individuals within the Communities responsible for the Security function to have specific information on when and where a Registered User is located with the particular Community as well as a history of such Registered User’s movements within such Community. Law enforcement agents may have access to such Registered Users’ movements. While our the Safe Communities App and Digital ID programming is designed to limit Geo-location Tracking within the boundaries of the Community where Our Geo-location technology is used, Geo-location technology is such that no assurance can be given to Registered Users and / or Visitors that Our Geo-location technology will not record movement outside the Community.
Our Digital ID uses location tracking services that are components of either the Device’s operating system and/or other applications on a Registered User’s Device. Accordingly, Visitors and Registered Users acknowledge and accept that other applications and operating systems on a Registered User’s Device may convey the Registered User’s location and travel information to third parties who are not controlled by Us. Each Registered User: (a) grants us a non-exclusive license to download the Digital ID to the device designated by the Registered User, (b) grants Us a non-exclusive license to allow the Digital ID to use the various other functions and applications installed on the Device in order for Our Digital ID to function as designed, by example, and not limitation, location service and other functionality in the Device that is used to track a user’s position and location and (c) consents and authorizes Us to the distribution and use of all information and data collected in the Digital ID and from the Digital ID to all of Our employees and agents and the Communities using Our products and Services, and such Communities’ employees and agents.
Our Digital ID, Products, and Services are designed for the free exchange of information supplied by Registered Users between and among Us and those persons responsible for security in the Communities we serve. Registered Users should not expect that the Personally Identifiable Information they share in the Safe Communities App or through the use of Our Digital ID is private. Registered Users are solely responsible for the Personally Identifiable Information disclosed to Us in the registration process, use of Our Digital ID, and Safe Communities App. Registered Users acknowledge that the Communities and We will be relying on the accuracy of the Personally Identifiable Information supplied by the Registered Use. Accordingly, Registered Users covenant, warrant and represent to us and the Communities that the Personally Identifiable Information supplied by the Registered User is accurate in all material respects and not misleading.
Registered User's unrestricted authorization and consent for Us and the Communities to use Personally Identifiable Information and Geo-Location information.
The use by a Registered User of Our Safe Communities App, Digital ID and / or Website is deemed such Registered User’s unrestricted authorization and consent for Us and the Communities, our respective employees, agents, clients, customers, successors and assigns to the use of a Registered User’s Personally Identifiable Information and/or Geo-location tracking information and to distribute and disclose such Personally Identifiable Information to other Users and third parties, including law enforcement agencies and in judicial proceedings, using any manner, method and technology (“Technology”) we deem appropriate in Our sole and absolute discretion for Our business purposes, whether such Technology currently exists or in the future may exist, including, but not limited to electronic, digital, print, video and audio. Visitors and Registered Users hereby waive any right to inspect copy or approve the manner in which We or the Communities use such Personally Identifiable Information and/or Geo-location tracking information or summaries thereof. Such Personally Identifiable Information and/or Geo-location tracking information may be real-time and/or historical.
Authorization To Complete and Sign Documents
Our Products and Services may require Visitors and Users of Our Website and Users and Registered Users of Our Safe Communities App to supply Us with information (“Information”) and complete and sign, physically or by way of electronic signature, documentation consisting of, by way of example and not limitation, consents, applications, acknowledgments, authorizations and releases (collectively, “Documents”). The Visitor, User or Registered User, as the case may be, who supplies the Information to Us, completes and / or signs such Documents, covenants, warrants and represents to Us that such Visitor, User or Registered User, as the case may be, is authorized by the person or entity to whom the Information belongs or relates to complete, sign and deliver to Us such Documents by or in the name of the person or entity to whom the Information belongs or relates; by way of example and not limitation, an employee of a business entity completing documents on behalf of another employee or as an authorized agent of the person or entity to whom such Information belongs or is used.
Intellectual Property / DMCA Notice
No rights are granted to You except as provided in this Agreement. We either own or license all copyrights, trademarks, technology, and all other intellectual property rights (collectively, “Intellectual Property”) pertaining to the functionality of Our Website and Digital ID or are displayed on Our Website and Digital ID. We are the registered trademark owner of the Marks SAFE COMMUNITIES VENDOR ID® and SECURITY YOU CAN COUNT ON SAFE COMMUNITIES, LLC SAFE COMMUNITIES VENDOR ID PROGRAM®, United States Patent and Trademark Office Registration numbers 5154751 and 5338486, respectively. We are the copyright owner of Our Website, the Digital ID, and the manner in which content is displayed except where other parties may own trademarks or copyrighted material appearing on Our Website, the Safe Communities App, or Our Digital ID. All rights are reserved to Us or the respective licensors of Intellectual Property used by Us. You may not copy or make use (other than in conjunction with Your use of Our Website, Safe Communities App and Digital ID) or seek to reverse engineer any of Our Intellectual Property. Each Visitor to Our Website acknowledges, covenants, and represents to Us that content on Our Website may be the intellectual property of third-parties. It is the sole responsibility of each Visitor or Registered User to ascertain the rights a Visitor or Registered User may have to use content appearing on this Website and Digital ID. In the event that a copyright holder has a good faith belief that material appearing on this Website, Safe Communities App, or Digital ID is not authorized, such copyright holder should send the letter authorized by Section 512 (c) of the Digital Millennium Copyright Act ("DMCA") by email to: DMCA@safevendor.net or by US Mail or overnight courier service to: Safe Communities LLC, 2701 Vista Parkway A-10, West Palm Beach, FL 33411 Attn: DMCA. You must include the following information with your DMCA Notice:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer Of Warranties / Limit Of Liability
WE DO NOT MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR CONDITION, PERFORMANCE, SUITABILITY OR DESIGN OR CONFORMITY WITH OR TO ANY LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS. THE USE OF OUR DIGITAL ID AND WEBSITE AND THEIR RESPECTIVE CONTENT, INCLUDING IMAGES, IS LICENSED “AS IS” AND WITHOUT ANY REPRESENTATION THAT OUR DIGITAL ID OR WEBSITE WILL WORK ON ANY PARTICULAR COMPUTER, COMPUTER OPERATING SYSTEM, MOBILE PHONE, MOBILE DEVICE OR PLATFORM NOW EXISTING OR IN THE FUTURE WILL EXIST OR THAT OUR WEBSITE OR DIGITAL ID DOES NOT CONTAIN ANY MALICIOUS CODE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL “VIRUSES” OR “TROJAN HORSES.” WE DO NOT WARRANT, GUARANTY OR REPRESENT THAT OUR DIGITAL ID AND/OR WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT ALL.
EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, WE SHALL HAVE NO LIABILITY TO ANY VISITOR OR REGISTERED USER (OR ANY OTHER PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF SUCH VISITOR OR REGISTERED USER OR ENTITY OR TO ANY OTHER PERSON OR ENTITY CLAIMING TO BE A THIRD PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO, FRIENDS, FAMILY AND GUESTS OF A VISITOR OR REGISTERED USER), NOR SHALL WE, OUR MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ATTORNEYS BE RESPONSIBLE OR LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY USE OF OUR SAFE COMMUNITIES APP, DIGITAL ID OR WEBSITE OR INFORMATION THEREIN CONTAINED, WHETHER KNOWN, UNKNOWN OR KNOWABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, BY ANY INCIDENT WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SAFE COMMUNITIES APP, DIGITAL ID OR WEBSITE OR THE MANNER AND USE OF THE SAFE COMMUNITIES APP, DIGITAL ID OR WEBSITE BY A USER, WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, OR UNDER LAWS RELATING TO INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION. NO RIGHTS OR REMEDIES CONTAINED IN THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON A VISITOR OR REGISTERED USER. THE MAXIMUM AMOUNT OF DAMAGES THAT MAY BE AWARDED AGAINST US, OUR MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS SHALL BE THE ACTUAL COST OF GOING ONLINE TO ACCESS OUR WEBSITE OR FOR USING OUR SAFE COMMUNITIES APP OR DIGITAL ID. THIS LIMITATION OF DAMAGES SHALL APPLY TO ALL CAUSES OF ACTION REGARDLESS OF HOW PLEAD, INCLUDING BUT NOT LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY OR STATUTORILY OR UNDER THE COMMON LAW.
WITH RESPECT TO CONTENT ON OUR SAFE COMMUNITIES APP, DIGITAL ID, AND WEBSITE, INCLUDING CONTENT PROVIDED BY THIRD PARTIES, INCLUDING A VISITOR OR REGISTERED USER AND ADVERTISERS, IF ANY, ALL VISITORS AND / OR REGISTERED USERS ARE HEREBY NOTIFIED THAT THE INFORMATION CONTAINED ON OUR SAFE COMMUNITIES APP, WEBSITE AND DIGITAL ID IS FOR GENERAL COMMERCIAL PURPOSES ONLY. SOME OF THE INFORMATION ON OUR SAFE COMMUNITIES APP, DIGITAL ID, AND WEBSITE MAY BE FROM THIRD PARTY VENDORS AND OTHER USERS. WE TRY TO KEEP INFORMATION MADE AVAILABLE BY US ON OUR SAFE COMMUNITIES APP, DIGITAL ID, AND WEBSITE UP-TO-DATE AND CORRECT. WE TRY TO KEEP INAPPROPRIATE CONTENT, INCLUDING PORNOGRAPHIC CONTENT, OFF OUR SAFE COMMUNITIES APP, DIGITAL ID AND WEBSITE, AND RESERVE THE RIGHT, IN OUR SOLE AND COMPLETE DISCRETION TO REMOVE ANY CONTENT THAT WE BELIEVE INAPPROPRIATE FOR ANY REASON, OR FOR NO REASON. ACCORDINGLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE SAFE COMMUNITIES APP, DIGITAL ID, WEBSITE OR THE INFORMATION, SAFE COMMUNITIES APP, DIGITAL IDS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE SAFE COMMUNITIES APP, DIGITAL ID OR WEBSITE FOR ANY PURPOSE. ANY RELIANCE A VISITOR OR REGISTERED USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT THE VISITOR’S OR REGISTERED USER’S OWN RISK. LINKS TO THIRD-PARTY WEBSITES ARE NOT TO BE TAKEN AS OUR ENDORSEMENT OF SUCH WEBSITES OR THE CONTENT ON SUCH WEBSITES. SUCH THIRD-PARTY WEBSITES ARE NOT UNDER OUR CONTROL. WE HAVE NO CONTROL OVER THE NATURE, CONTENT, AND AVAILABILITY OF THOSE SITES AND NO LIABILITY FOR DAMAGES, DIRECT OR INDIRECT ARISING FROM SUCH SITES.
Objectionable Content / Notification to Us
Deletion Of Account
If a Visitor or Registered User believes that content on either our Digital ID or Website is objectionable because Our Digital ID or Website contains pornographic or other inappropriate or objectionable text, graphics, or images, such Visitor or Registered User must immediately contact us by e-mail to firstname.lastname@example.org and include (1) a “screenshot” of the content such Visitor or Registered User believes is objectionable, (2) the reason such content is objectionable and (3) the date and time the content appeared. “Objectionable Content” should appear in the Subject line of the e-mail. We reserve the right in our sole and complete discretion to remove any content that we believe inappropriate for any reason, or for no reason. We reserve the right to cancel any Registered User account without notice and for any reason or no reason.
Safe Communities App Digital ID And Website Improvements
Income Generated From Digital ID And / Website
We constantly seek to improve Our Safe Communities App, Digital ID, Website, products, and services. We disclaim any obligation to notify Visitors or Registered Users of any such improvements or to make such improvements available to all Visitors or Registered Users. We may establish fees and other charges Users must pay for using our Safe Communities App, Website, Digital ID, or Products and Services. We reserve the right to establish such fees and charges and increases in fees and charges in Our sole discretion and without notice.
We may receive payment from Persons whose applications and services are available through Our Safe Communities App, Digital ID, and/or Website or as a result of leads generated to such Persons by Safe Communities App, Our Digital ID, and or Website. Any such income derived from such Persons is strictly for Our Account.
The Agreement must be construed as if both parties jointly wrote it, governed by Florida law except for its conflicts of laws principles and adjudicated in Palm Beach County, Florida. No presumption concerning the drafting of this Agreement shall be made against Us for any reason by any court determining a claim against Us. Visitors and Registered Users and We hereby agree that this Agreement will be governed exclusively by the laws of the State of Florida as applied by the courts (federal and state) of the State of Florida to commercial business contracts made and performed entirely within the State of Florida.
Exclusive Jurisdiction / Venue / Waiver of Trial By Jury
YOU AND WE HEREBY CONSENT AND AGREE THAT THE CIRCUIT COURT OR COUNTY COURT HAVING JURISDICTION OVER PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION, SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OVER ANY SUIT, ACTION, CLAIMS, PROCEEDING OR CONTROVERSY ARISING UNDER, OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT AND OUR DIGITAL ID AND/OR WEBSITE. SUCH COURT SHALL BE THE SOLE, EXCLUSIVE AND PROPER FORUM IN WHICH TO ADJUDICATE ANY SUCH SUIT, ACTION, PROCEEDING OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS MADE IN ACCORDANCE WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL BE DEEMED PROPER AND EFFECTIVE.
VISITORS, REGISTERED USERS, PERSONS AND WE AGREE TO, AND DO, HEREBY WAIVE TRIAL BY JURY.
In any suit, action, proceeding or controversy between Us (including Our members, shareholders, directors, officers, agents, employees, and attorneys) and a Visitor, Person or Registered User or anyone acting by or through a Visitor, Person or Registered User, We shall be entitled to recover a judgment for Our reasonable attorneys’ fees and costs including out-of-pocket costs, at both the trial and appeal level.
You are not to use Our Digital ID or Website other than as authorized by this Agreement. All rights not expressly granted to Visitors or Registered Users by this License Agreement are expressly reserved to Us.
Should Safe Communities LLC, its members, shareholders, directors, officers, agents, employees, and attorneys be exposed to any claims, damages, litigation, or liability by use of Our Safe Communities App, Digital ID, or Website by a User or Visitor or anyone acting by or through such Visitor or User including a breach by You of the terms of this Agreement, covenants, warranties or representation, You, the Visitor or User, as he case may be, agree to indemnify and hold harmless Safe Communities LLC, its members, shareholders, directors, officers, agents, employees and attorneys from any such claims, damages, litigation or liability, including reasonable attorneys’ fees and costs including out-of-pocket costs, at both the trial and appeal level.
If for any reason any provision of this Agreement shall be deemed to be legally invalid or unenforceable in any jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law, and, in its modified form, such provision shall then be enforceable and enforced.
The captions and headings used in this License Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this License Agreement.
Gender And Number
Whenever appropriate, references in this Agreement in any gender shall be construed to include all other genders, references in the singular shall be construed to include the plural, and references in the plural shall be construed to include the singular unless the context clearly indicates to the contrary. The use of the words “You,” “Your,” “Our,” “Persons,” “Registered Agents” “Us” and “We” shall include the agents and employees of each.
This Agreement is personal to each Visitor and Registered User and cannot be assigned by any such Visitor and Registered User. Any attempt to assign this Agreement or any rights granted under this Agreement is void and results in the immediate termination of this Agreement. We may assign this Agreement as We deem appropriate in Our sole discretion and without notice.