Terms of Use Agreement

Safety Kids© Program Subscription

Welcome to the Safety Kids© Subscription website (Safetykids.org) operated by Arizona Crime Prevention Association, Inc. By using our website, services and materials, you agree to comply with and be bound by the following Terms of Use (this “agreement”). Please review the following terms carefully. If you do not agree to these terms, you should not purchase or obtain services or materials from this site.

The Arizona Crime Prevention Association (ACPA) is a private, nonprofit, tax-exempt [501(c)(3)] organization whose primary mission is to enable citizens and public safety to create safe communities by reducing the opportunities for crime to occur. Its work includes the Safety Kids Program, which consist of the national “Charlie Check First®” and “STAR®” youth safety education effort.

Proceeds from the sale of materials, which are funded by public and private sources, are used to produce additional materials and to help support the full range of ACPA’s work, including the “BoloCop®” program.

1. Acceptance of Terms and Conditions

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our website (the “Site”), and Safety Kids Program (“Program”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to purchasing or obtaining materials from the Site.

2. Proprietary Rights

Charlie Check First is a national symbol. The character; the name “Charlie Check First®”; the character “STAR”®; and the slogans “Be a Safety Kid®” are legally protected service marks and trademarks, which are registered with the United States Patent and Trademark Office and held by the Arizona Crime Prevention Association.The content, organization, graphics, design, audio, animation, video, compilation, digital conversion and other matters related to the Site and Program are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site or Program materials, except as allowed by subscription purchase, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or by purchase. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You are not permitted to use the Marks without the prior written consent of Safety Kids and/or the Arizona Crime Prevention Association who own the Marks except as allowed by subscription purchase . You will not be able to access or download any intellectual property (Program Materials) unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the program materials.

3. Limited Right to Use

The viewing, printing, coping or downloading of any content, graphic, form, document, video or music from the Site grants you only a limited nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). A Subscriber may only download from Site, reproduce in hard copy or electronic format curriculum material, handouts, posters, music, videos and follow-up material to be used in teaching the Programs. A subscriber may use only authorized graphics and slogans for reprinting on marketing materials, collateral and/or give-a-ways. These pre-approved graphics and slogans are available for download on the Site. Safety Kids© reserves the right to revoke the authorization to view, download, and print the Safety Kids© program content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Safety Kids©. The rights granted to you constitute a license and not a transfer of title.

4. Limited Subscription

A Subscription purchase grants you non-exclusive use solely by you for your own personal use and not for commercial profit, republication, distribution, assignment, sublicense, sale, preparation of derivative works; or other use for a period of [3] three years from date of registration/purchase. The Subscription fee is posted at the online store. We reserve the right to offer sales, group or donation discounts, corporate pricing, and agency discounts. Subscription is non-refundable and non-cancellable after payment is made as program material is in electronic downloadable format. Subscription registrations will be recorded and maintained with the Arizona Crime Prevention Association. ACPA, Inc. does not guarantee that the website will be fully operational all the time. Subscribers may face periodic service interruptions which are out of our control. We are not responsible for technical difficulties due to equipment failure, loss of connection, hosting downtime, website maintenance, internet service providers or wi-fi connectivity.

5. Nontransferable

It is not permitted, at any time, to transfer or otherwise transmit his or her Subscription to any third party; cannot lease his or her Subscription to any third party; Subscriptions may be transferred to a third party for a $50.00 administration fee payable at the online store.

6. Your responsibility

You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address). Your membership is only transferrable with a $50 administration fee. You are responsible for your username and password so keep your password secure and don’t let any other person use your username or password on your behalf. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

7. Suspension or Forfeiture of Subscription

Any password or right given to you to obtain information or documents is transferable only with a $50 transfer fee. Safety Kids© may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its Intellectual Property. Safety Kids© reserves the right to revoke the authorization to view, download, and print the Safety Kids© program content on the Site at any time, and any such use shall be discontinued immediately upon notice from Safety Kids by the e-mail you provided.

8. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or in the Program at any time without notification.

9. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Safety Kids be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Safety Kids has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site, Program or Intellectual Property.

11. Use of Information

We reserve the right, and you authorize us to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Miscellaneous

This Agreement shall be treated as though it were executed and performed in Phoenix, Arizona, and shall be governed by and construed in accordance with the laws of the State of Arizona (without regard to conflict of law principles). Any cause of action by you with respect to the Site or Program (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth by Arizona Law. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Phoenix, Arizona. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.