Customer Usage & Fees

By inserting your credit card, debit card, or gift card into a SafeCharge charging kiosk or locker system, you agree to all the fees associated with that particular system. If you fail to follow the instructions posted on the system, you may incur additional fees. If for any reason you are dissatisfied with your experience, please refer to our Refund Policy above.

From the time your locker reservation begins when the locker door opens, you have a maximum reservation duration of 12 hours before SafeCharge LLC has the right to end your locker reservation and allow other customers to reserve that same locker. If any property is not removed from the locker and left behind before the 12 hour period ends, your property is at risk of being damaged, lost or stolen. SafeCharge LLC is not responsible for any damaged, lost or stolen property that is due to a locker reservation ending after 12 hours.

Trademarks

SafeCharge and the lock logo are registered trademarks of SafeCharge LLC.

SafeCharge Privacy Policy

DATE LAST MODIFIED: February 8th, 2018

Importance of Your Privacy.

At SafeCharge, your privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. Rest assured that we will protect your privacy. Under no circumstances will SafeCharge sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of SafeCharge’s Website (the “Website”), (iii) in connection with providing various products and/or services to you (the “Services”), (iv) to the extent you make any use of SafeCharge’s cell phone charging stations (the “Kiosk”), to merchants with which SafeCharge has a business relationship, (v) as may be required by law or court order, or (vi) as otherwise set forth herein. The Privacy Policy below describes the standards we adhere to in handling information about you and any personal information you submit through the Website and/or the Kiosk.

2. License

SafeCharge hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use SafeCharge’s cell phone charging stations commonly referred to as “SafeCharge” (the “Kiosk”) as made available through partnering venues, and also its website located at www.theSafeCharge.com (the “Website”). SafeCharge may, from time to time, update or modify the Kiosk, release new versions of the Kiosk or create new modules related thereto, each of which may, at SafeCharge’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Kiosk.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE SUBMITTING ANY INFORMATION TO SAFECHARGE OR THROUGH ANY SAFECHARGE SOFTWARE OR KIOSK. BY SUBMITTING ANY INFORMATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE AND/OR THE KIOSK SOFTWARE WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

A Note About Children.

Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any personal information to us or use the Services. SafeCharge does not collect or maintain information from those actually known to be under the age of 13, and no part of SafeCharge’s website, the Kiosk or Services is structured to attract anyone under the age of 13. Other age restrictions may be set forth in SafeCharge’s Terms of Use from time to time.

1. Who We Are.

SafeCharge operates a website located at www.theSafeCharge.com and numerous cell phone charging stations where cell phone charging services through the Kiosk may be administered.

2. Information We Collect.

There are several areas on the Website and/or within the Kiosk where you may be asked to enter both personal and non-personal information including, by way of example and without limitation, your name, address, phone number, credit card information, birthday, Facebook and/or Twitter usernames, and information regarding your cell phone and/or other mobile device. In addition, when you use the Kiosk SafeCharge automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location. SafeCharge also collects and uses additional information from users such as transaction location, purchase activity, idle time, and all clicks and/or swipes within the Kiosk (together with time and order). We DO NOT sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as set forth in the relevant portion of the Website, Kiosk or within any agreement between us, (iii) in connection with providing various products or Services to you (either directly or through one or more third parties), (iv) as may be required by law or court order, or (vi) as otherwise set forth herein. In particular, and not in limitation of the foregoing, information you enter at the Website and/or Kiosk (i) will be shared with the merchants or third party service providers with which SafeCharge has entered into a business relationship in order to provide the Services, and (ii) may be shared with various third parties in connection with making available to you certain offers (which offers may be based on or related to your location at the time the offer is made available to you). In addition, SafeCharge may sell, disclose or otherwise use information gathered on the Website or within the Kiosk to third parties on an aggregated basis.

• (a) Information we receive from you. To use certain of SafeCharge’s Services and/or to access the Kiosk, you’ll need to provide certain personal information which may include, without limitation, your name, address, birthday, phone number, credit card information, Facebook and/or Twitter user names, e-mail address, information regarding your cell phone or mobile device and other information.
• (b) Technical information we collect. In order for SafeCharge to ensure that we are providing the best possible consumer experience on the Website and within the Kiosk, we collect and track certain user information. When you visit the Website, our Web server may send a cookie to your computer. This cookie would be intended to store a limited amount of information about your site visit. The cookie tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site. When you submit a question, we store your cookie identification in our system. This cookie allows our site to recognize you when you return. SafeCharge may also utilize Web Logs to track aggregate information about how our site and/or the Kiosk is being used. Web Logs track anonymous user information, including the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type. Unlike cookies, Web Logs are maintained only on SafeCharge servers and do not store or place anything on the user’s computer. If you come to the SafeCharge Website from an online banner ad, an anonymous identification number may be passed to the Website. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.
• (c) Other Information we get from your use of the Services. We may collect information about the Services that you use and how you use them. This information includes:
  • Device information: We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).
  • Location information: When you use the Service or access the Kiosk, we may collect and process information about your actual location. We may also use various technologies to determine location, some of which may be made available through third party licensors.
• (d) Information from surveys. You may have the option of completing an online survey at the Website or within the Kiosk from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.
• (e) Information from the “Contact Us” section of the Website or Kiosk. You may contact SafeCharge through the “Contact Us” feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.
• (f) Information collected other sections of the Website or Kiosk. SafeCharge may, from time to time, make various resources available to you at the Website or within the Kiosk. At times we may collect personal information in connection with providing such services.

3. How Your Information Is Used.

We use the information you provide to provide the applicable Services to you, either directly or through third party service providers, as further described above in this Privacy Policy. SafeCharge may also share certain aggregated data with other third parties for general research, marketing and demographic purposes; however, this data, when shared on an aggregated basis, does not include any of your personal identifying information. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service.

In addition to the uses of the information described above, SafeCharge may, from time to time, collect purchasing information and/or data from other sources. SafeCharge may collect this information for purposes of performing analytics and conducting consumer research. This information may be used to communicate and provide additional information that may be of interest to you and our merchants.

In addition, SafeCharge may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with SafeCharge’s rights or property, other Website or Kiosk users or anyone else that could be harmed by such activities.

4. Altering Information You Submit.

• (a) Deleting your information. Federal and state regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.
• (b) Altering Information. SafeCharge may alter, modify or delete any information you submit to the Website or through the Kiosk if it believes, in its sole discretion, it is necessary or desirable to do so.
• (c) Request to stop receiving emails from us. Periodically, SafeCharge may send you emails to alert you to various opportunities or offers available at the Website or within the Kiosk. If you do not wish to receive any of these offers, please send an e-mail to info@theSafeCharge.com to remove yourself from our mailing list.

Security

SafeCharge uses extensive and sophisticated secure technology to protect your data and transmissions between you and SafeCharge. Transmission between the browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology or SafeCharge’s proprietary Kiosk that utilizes SSL-encrypted communication. This technology requires an SSL-capable browser. Although SafeCharge has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, SafeCharge cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Changes to Privacy Policy

If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change at the Website and/or within the Kiosk, and such change will be deemed to be effective 2 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws.

Business Transfer

We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website or the Kiosk may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.

Acceptance

If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Website or the Kiosk. By using the Website or the Kiosk and voluntarily providing information to us, you consent to our collection and use of the information as set forth in this Privacy Policy.

Links

The Website and/or Kiosk may contain links to other websites or Kiosks that are owned and operated by third parties that are not affiliated with us. When you use those links, you leave the Website or Kiosk (as applicable) and we are unable to control how the owners of the websites or Kiosks you link to handle any information they gather about you, including their privacy practices and use of cookies. This Privacy Policy applies only to the Website and Kiosk and does not govern activities on linked websites or Kiosks. We encourage you to review the privacy policy of any other website or Kiosk you visit, download or access to understand its owner’s practices on how it collects, uses and discloses your information.

User Terms

SAFECHARGE TERMS OF USE

DATE LAST MODIFIED: February 8th, 2018

These Terms of Use (this “Agreement”), which is a legal agreement between you (“You” or “you”) and SafeCharge, LLC, a Illinois Limited Liability Company (“SafeCharge”), shall govern Your use of and access to the Kiosk (as defined below) and the Website (as defined below). By swiping your credit card, checking any acceptance boxes, clicking any acceptance buttons, pressing any acceptance buttons, submitting any text or content or simply by making any use of the Kiosk and/or Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to SafeCharge that (i) You are at least 13 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) You have read and understand SafeCharge’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”), and agree to abide by the Privacy Policy. SafeCharge may amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Kiosk. You should check the Website, the Kiosk and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein.

1. Purpose

The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) SafeCharge will license to You use of certain of SafeCharge’s technology, software and/or services such that You can utilize the Kiosk, and (ii) You can access and/or use the Website (collectively, the “Purpose”). As stipulated elsewhere in this Agreement, SafeCharge does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.

2. License

SafeCharge hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use SafeCharge’s cell phone charging stations commonly referred to as “SafeCharge” (the “Kiosk”) as made available through partnering venues, and also its website located at www.SafeChargecard.com (the “Website”). SafeCharge may, from time to time, update or modify the Kiosk, release new versions of the Kiosk or create new modules related thereto, each of which may, at SafeCharge’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Kiosk.

3. Certain Restrictions.

You shall not directly or indirectly copy or reproduce all or any part of the Kiosk or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of design, presentation, style or organization. You shall use the Kiosk solely for its intended purposes and shall not use the Kiosk for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Kiosk to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, “Posted Information”): (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; or (f) in violation of the any acceptable use policy or other policy posted at the Website or within the Kiosk from time to time. You shall not violate or attempt to violate the security of the Kiosk. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Kiosk, including, without limitation, any of the software comprising or in any way making up a part of the Kiosk. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Kiosk where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify SafeCharge, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section 3.

4. Certain Responsibilities.

You shall be solely responsible for: (i) all Posted Information you input into the Kiosk or the Website; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Kiosk or the Website, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Kiosk or the Website.

5. SafeCharge Rights.

SafeCharge shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Kiosk or Your SafeCharge account for any reason. Notwithstanding the foregoing, SafeCharge shall not be required to review or monitor any Posted Information entered into the Kiosk or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.

6. Fees.

SafeCharge charges its users to access and use the Kiosk, however SafeCharge may, at any point and in its discretion, elect to begin additional charging fees for use of various portions of the Kiosk and/or for different levels of subscription or account.

7. Term and Termination.

This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Kiosk), or (ii) SafeCharge electing to terminate Your access to the Kiosk, with or without notice (the “Term”). For purposes of clarity, You are entitled to terminate your SafeCharge account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Kiosk or any other non-public portions of the Website. In addition to the foregoing, in the event that SafeCharge determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any SafeCharge policy in effect from time to time or otherwise failed to perform to the standards required of SafeCharge, SafeCharge shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Kiosk, in each of the foregoing cases at any time and for any period of time. SafeCharge shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Kiosk, including without limitation any information input into the Kiosk by You. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement shall survive any termination of this Agreement.

8. Intellectual Property.

• • (a) General Ownership.

All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and SafeCharge, You shall be deemed to be the sole owner of all Posted Information entered into the Kiosk or otherwise posted by You; and (ii) SafeCharge is the sole owner of the name “SafeCharge” as well as the Website, the Kiosk, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to SafeCharge regarding the Kiosk or the Website shall, upon submission to SafeCharge, be owned solely and exclusively by SafeCharge. In addition, SafeCharge shall be entitled to post feedback at the Website and within the Kiosk (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Kiosk shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers’ license, if any, of such third party software to SafeCharge.

• • (b) Use of Posted Information.

In exchange for Your use of the Website and/or the Kiosk, You hereby grant to SafeCharge an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Website, submit to SafeCharge or post through the Kiosk, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with SafeCharge performing the services described herein. Finally, You irrevocably waive, and cause to be waived, against SafeCharge and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. SafeCharge shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Kiosk, including without limitation adjacent to Your Posted Information.

9. Confidentiality; Non-Solicitation

You agree to treat as confidential all confidential information of SafeCharge, not to use such confidential information for any purpose other than to the limited extent necessary to use the Kiosk and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by SafeCharge, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of SafeCharge to terminate employment with SafeCharge or to become employed by or enter into contractual relations with any other individual or entity.

10. Disclaimers.

• • (a) No Warranties.

Except as explicitly set forth herein, neither SafeCharge, its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website or the Kiosk will be error-free, (c) as to a minimum level of uptime for the Kiosk or the Website, or (d) as to the results that may be obtained by You by entering into this Agreement and/or using the Kiosk. You agree and acknowledge that the Kiosk and Website are licensed and/or provided hereunder on an “as is” basis. In addition, You hereby agree and acknowledge that: (i) SafeCharge shall not be responsible for any actions taken by any other party using the Kiosk or reviewing any of Your Posted Information; (ii) SafeCharge does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) SafeCharge is not a party to any transaction between you and any store, retailer or business with which SafeCharge has a business relationship, and as such, any disputes regarding purchases and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party; (iv) SafeCharge is not responsible for any other party’s compliance with applicable laws, rules or regulations; (v) SafeCharge’s services are administrative in nature and SafeCharge is not responsible for ensuring that any third party honor any purchases or other obligations such third party may have towards You; (vi) SafeCharge shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party’s intellectual property rights; and (vii) the Kiosk and/or Website may not function properly or as intended at times.

• • (b) Unavailability of Website or Kiosk.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Kiosk. While it is SafeCharge’s objective to make the Website and Kiosk accessible at all times, the Website and/or Kiosk may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Kiosk may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of SafeCharge, access to the Website and/or the Kiosk may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, SafeCharge shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT SAFECHARGE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR KIOSK AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR KIOSK.

11. Limitation on Liability.

SAFECHARGE SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE KIOSK OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SAFECHARGE’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50.

12. Force Majeure.

SafeCharge shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

13. General Terms.

The following terms and conditions govern general use of the Website and/or the Kiosk:

• • (a) You agree to abide by all restrictions displayed on the Website and/or within the Kiosk, as and when they are updated from time to time, including, without limitation, the rules in this Section 13. SafeCharge reserves the right to remove any content You post to the Website or within the Kiosk, block the sending of any inquiry or other content SafeCharge deems inappropriate in its sole discretion, and may terminate all access to the Website and/or Kiosk at any time in its sole discretion for any or no reason. While SafeCharge reserves the right to monitor all postings and/or content posted at the Website and/or within the Kiosk, it has no obligation to do so.

Permitted Uses. You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Kiosk, or any business listings, contract information or other content, to promote another business or commercial venture.

Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.

Derivative Works. You may not create compilations or derivative works of the Website or the Kiosk, the Website or Kiosk content or any other materials from the Website or Kiosk.

Proprietary Notices. You may not remove, change or obscure and You must retain on all copies of the content You download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures or terms of use contained in the content or on the Website.

Infringement. You may not use the Website, Kiosk, the Website and/or Kiosk content or any other materials from the Website or Kiosk in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of SafeCharge or any third party.

Information Distribution. You may not use the Website and/or Kiosk or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Website or Kiosk to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:

• • • is false;
    • contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
    • includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
    • You are restricted from using under any law;
    • infringes upon the intellectual property rights of any third party; or
    • contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.

Other Prohibited Uses. You may not use the Website or Kiosk for any purpose that:

• • • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or otherwise violates SafeCharge’s rules or policies;
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other classification protected by law;
    • invades any person’s or entity’s privacy or other rights;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    • misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of SafeCharge, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or
    • could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.

Others’ Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent.

Harm to Minors. You may not take any action on the Website or within the Kiosk or use the Website and/or Kiosk content to harm minors in any way.

Solicitation. You may not use the Website or Kiosk or any Website or Kiosk content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.

• (b) The Website, the Kiosk and the Website and Kiosk content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Kiosk (“Third Party Content”) that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and SafeCharge assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, SafeCharge has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless SafeCharge expressly states in writing to the contrary, SafeCharge neither endorses nor adopts as its belief any such statements. SafeCharge may provide information in articles SafeCharge posts or links to through the Website only for educational and general informational purposes and not as professional advice. SafeCharge has made no attempt to verify any information contained in any such articles.
• (c) As a convenience to You and other Website visitors, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with SafeCharge. When You uses these links, You will leave the Website and SafeCharge will have no ability to protect Your interests. You visits linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. SafeCharge is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.

14. Copyright Infringement.

SafeCharge respects the intellectual property of others, and asks You and all users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries, and the terms of use of those websites, and not this Agreement, govern Your use of that material. It is SafeCharge’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of SafeCharge and/or others.

If You believe that Your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide SafeCharge’s Agent for Notice with the following information in English (Your “Notice”):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the Website or within the Kiosk;
• Your address, telephone number, and email address;
• a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which SafeCharge has disabled access, SafeCharge may forward a copy of a valid Notice including name and email address to such individual or entity. SafeCharge’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o SafeCharge, LLC
2506 N Clark St, Suite 176
Chicago, IL 60614

By phone: (872) 588-0866

By email: info@thesafecharge.com

15. Miscellaneous.

Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Illinois, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Kiosk shall be resolved in the appropriate Federal or state court located solely and exclusively in Cook County, Illinois. You hereby consent to exclusive jurisdiction in Cook County, Illinois, and agree not to raise any defense of forum non conviens or any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by You without SafeCharges prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.