Please note that Safer State's web, database, and mobile application properties are under constant development. New services are added frequently and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
Terms, Conditions, and User Agreement:
Agreement. Use of Safer State's web, database, and/or mobile application properties, and related content, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations. Safer States reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice. This agreement constitutes a binding contract between Safer States and you, the user. By accessing one of Safer State’s web, database, and/or mobile application properties, you hereby accept this User Agreement in full. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided complete and accurate information in any communication with Safer States.
Personal Use. Safer State’s web, database, and mobile application properties are provided solely for your personal, non-commercial use. They are meant to help consumers make informed choices and decisions about products. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of Safer State’s web, database, and/or mobile application properties, nor transfer to or store any data residing or exchanged over Safer State’s web, database, and/or mobile application properties in any electronic network for use by more than one user, unless you obtain prior written permission from Safer States. Specifically, unless explicitly authorized in these terms and conditions, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from Safer State’s web, database, and/or mobile application properties.
Dynamic Database. Safer State’s web, database, and mobile application properties are dynamic, which means that product ratings may change based on evolving science, new information, or other factors. Please be advised that Safer States does not recommend that companies create marketing materials based on Safer State’s web, database, and/or mobile application properties’ rating systems, when used, given that the ratings may change as the database is updated. Safer States makes no representations or warranties about any of the products rated on its web, database, and mobile application properties. Safer States hereby disclaims all warranties with regard to the products on its web, database, and mobile application properties, including express, statutory, implied warranties of merchantability, or fitness for a particular purpose.
Copyright. Safer State’s web, database, and mobile application properties, and all other text and images contained in Safer State's products, are protected by United States trademark and copyright law and/or other applicable law, and are the property of Safer States, except as otherwise identified. All copyrights and trademarks not the property of Safer States that are used or referred to in Safer State’s web, database, and mobile application properties, and other Safer States products, are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Safer States or any third-party, whether by implication, laches, estoppel or explicit grant.
Risk Warning By accessing Safer State’s web, database, and/or mobile application properties, you acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through Safer State’s web, database, and/or mobile application properties is at your sole risk. Safer States reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of Safer State’s web, database, and mobile application properties. You acknowledge and agree that Safer States is not responsible for any materials posted by other users of Safer State’s web, database, and/or mobile application properties.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Safer States from and against any and all liability and costs incurred by Safer States in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties, or obligations set forth in this User Agreement. You shall cooperate as fully as reasonably required in the defense of any claim.
Accuracy. Safer States has worked to ensure the accuracy of the information it provides through its products and services, including through Safer State’s web, database, and mobile application properties. The product ratings, conclusions, and findings that appear on Safer State’s web, database, and mobile application properties reflect Safer State’s research at the time of publication. Please be advised that this information frequently relies on data obtained from many sources, and accordingly, Safer States cannot guarantee the accuracy of the information provided or any analysis based thereon. Moreover, in light of evolving regulatory and market conditions, subsequent product reformulations, and other factors, this information may no longer be current.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF SAFER STATE'S ONLINE CONTENT AND SERVICES, INCLUDING SAFER STATE’S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, IS AT YOUR SOLE RISK. SAFER STATE'S CONTENT IS PROVIDED ON AN 'AS IS' BASIS AND SAFER STATE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAFER STATES DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, OPINION, OR OTHER INFORMATION OBTAINED THROUGH SAFER STATE'S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM SAFER STATES NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, SAFER STATES MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON SAFER STATE'S WEB, DATABASE, AND/OR MOBILE APPLICATION PROPERTIES, OR ANY WEBSITE LINKED TO SAFER STATE’S DATABASES.
SAFER STATES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER SAFER STATES WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SAFER STATE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.
Fee-Shifting, Choice of Law. If you attempt to bring any legal action against Safer States based in any way on its products or services, including Safer State’s web, database, and/or mobile application properties, you agree that, in the event you do not prevail or Safer States does prevail, you will reimburse Safer States for any costs and attorneys fees associated with their defense of the action. The use of Safer State’s web, database, and/or mobile application properties and any claim or dispute relating to Safer State’s web, database, and/or mobile application properties shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Use of Safer State’s web, database, and/or mobile application properties are unauthorized in any jurisdiction that does not affect all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.