Terms of Use

Thank you for visiting www.shinesafe.org and following the associated Instagram feed (collectively, hereinafter the “Site”). This Site is owned and operated by Shine Safe (“Shine Safe,” “we,” “our,” or “us”). This Site does not provide medical advice.  You should contact a licensed physician if you are in need of medical help.  All content, information, and services provided on and through our Site may be used only under the following terms and conditions (the “Terms”). Please check back periodically, as we update these Terms from time to time.

By using our Site you agree to be bound by these Terms. Please read them carefully before using the Site. If you do not agree with any part of these terms, we have to ask you not to use our site.

Last updated: May 12, 2020

SITE USE GENERALLY

You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms. If you are under 13, this Site is not for you.

Our Site is hosted in the United States and contains information that is appropriate for access and use in the United States. We make no representation that any materials on the Site are appropriate or available for use outside this geographic area, and accessing the Site from territories where its contents are illegal is prohibited. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of data exported from the U.S. or the territory in which they reside.

We try to be open and welcoming, but we reserve the right to refuse service in our sole discretion and without notice. If you’re using the Site for its intended purposes, you are free to come and go as you please, but remember, you are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

PRIVACY AND YOUR PERSONAL INFORMATION

These Terms are just part of our disclosures. Your use of our Site is also subject to the terms of our Privacy Policy. Click over and carefully review that too, while you’re at it. By using the Site, you acknowledge that you have read and understand our Privacy Policy, and consent to the use of any information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Policy.

LINKS TO THIRD-PARTY WEBSITES

Our Site contains links to other websites that may give you information about organizations and events related to what we do. These third-party websites are not run by us, and they are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our Site. We have no control over the content of third-party sites, and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, designs, trade names, logos, images, service marks, trade dress, Content and Third-Party Content displayed on the Site, including its look and feel (collectively, the “IP”), are our property or the property of our licensors, content providers or other third parties. Nothing in these Terms of Use or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP without our or the licensors’ prior written consent.

The Site, including but not limited to text, designs, graphics, logos, icons, images, photographs, videos, audio, downloads, interfaces, code, software, products, features and tools, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content (collectively, the “Content”), are owned by us, our affiliates, and/or the applicable licensors, if any.

We grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the Content. Any other use of the Site or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain our prior written consent. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by the applicable rights owner. There’s more:  you will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

REPORTING CLAIMS OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT

We respect the copyright , trademark and other intellectual property rights of others, and we expect you to do the same.  We will respond to notices of alleged infringement that contain the information sent below.  In addition, it is the Company’s policy to suspend or terminate the access privileges of those who repeatedly infringe the intellectual property rights of others.

If you believe any material posted on or accessible through the Website or any Subscription infringes your intellectual property rights, you may request removal of those materials (or access thereto) by sending a written notice of infringement to our designated agent at the address below.  The written notice must specify the nature of the copyright or trademark infringement and include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed.
• Identification of what copyright or trademark rights you claim have been infringed. For copyrights, you must identify the copyrighted work that you claim has been infringed or, if the claim involves multiple works, a representative list of such works.  For trademarks, you must identify the trademark that you claim has been infringed and a description of the basis for your claimed trademark rights, including the country or jurisdiction in which you claim such rights, any applicable registration number, and the category of goods and/or services for which you claim such rights.
• Identification of the claimed infringing material, including the location of that material on the Websites or Subscription.
• Contact information, including the copyright or trademark owner’s name, your name, postal address, telephone number, and, if available, e-mail address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.  By submitting an infringement notice, you acknowledge and agree that the Company or its designated agent may forward the information you provide in your notice to the person or entity responsible for the allegedly infringing material.  You can send your infringement notice to the Company’s designated agent at the following address: Shine Safe, 235 Montgomery Street San Franciso, CA 94104. info@shinesafe.org

YOUR CONDUCT

Your Authorization to Use the Site. Your authorization to use the Site depends on your compliance with the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these conduct guidelines.

Conduct Guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:

• harm minors in any way;
• impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;
• upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
• interfere with or disrupt the Site, servers, or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
• “stalk” or otherwise harass another person;
• use the site as a forwarding service to another website;
• allow usage by others in such a way as to violate these Terms or any other SVCF policy;
• take any steps to interfere with or in any manner compromise any of our security measures;
• use the site for fraudulent purposes;
• harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
• sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, or password, including, without limitation, on or through the use of any third-party website or service;
• copy the site or any portion thereof (other than as provided under United States copyright laws and/or these Terms of Use);
• remove any proprietary notices from the Site;
• cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;
• sell, assign, rent, lease, act as a service bureau, or grant rights in the site including, without limitation, through sublicense, to any other person or entity;
• attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site;
• use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or 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;
• use the Site in any manner not permitted by this policy, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).

SITE WARRANTY DISCLAIMER

Our site and its contents are provided “as is” and “as available,” with no warranty of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted or error-free, or that this site is free from viruses and other harmful components to equipment or software.

Most importantly, this Site does not contain and is not medical advice.  The material contained on this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided by Shine Safe, its employees, sponsors, or others appearing on the site at the invitation of Shinesafe, or other visitors to the site is solely at your own risk.

ShineSafe does not recommend or endorse any specific treatments, physicians, procedures, opinions or other information that may be mentioned on the site. Sponsorship of any kind of ShineSafe does not imply ShineSafe’s endorsement of the sponsor’s products. Information concerning clinical trials or other medical research is intended to help patients find programs that may be of interest to them, and to help patients contact the centers conducting the research. Shine Safe is neither promoting this research nor involved in conducting any of this research.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Shine Safe’s Website. If you think you may have a medical emergency, call your doctor or 911 immediately.

LIMITATION OF LIABILITY

In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this site (or the content or services provided on, or accessible from, this site), or otherwise, even if we are advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates and our respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or the Site’s Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on our part.

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

ERRORS AND CORRECTIONS

While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section below.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction and venue of any state or federal court located in, or whose district includes, San Francisco, California. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted on the Site and are effective immediately. The date of the newest version is posted above. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.

CONTACT US

If you have any questions about the Site or these Terms, please send us an e-mail or call us at the below number: We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. Please send an e-mail to info@shinesafe.org