We Value Your Privacy
Website Privacy Policy
This Privacy Policy (the “Policy”) describes how Safe Kids, Inc. collects, uses, and shares personally identifiable information (“PII”) we obtain from and about individuals located in the United States both online through our website, www.safekidsinc.com (a “Site,”) and offline. This Policy is effective as of November 3, 2016. From time to time, we may revise this Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of our website, or technology. You should review this Policy periodically so you are up to date on our most current policies and practices. By visiting or using the Site, you are agreeing to the terms of this Policy. If you do not agree with this Policy, do not access or use the Site, our Services, or interact with any other aspect of our business.
This Policy does not apply to information we collect through means other than the Site and offline interactions, including information that we collect about our customers’ employees, customers, and others through our software or professional services. To learn more about how we handle information in these contexts, please refer to our Services Privacy Policy.
1. What Information Do We Collect and Why?
Your feedback and use of the Site help us improve its content and design. We want to understand more about the needs and interests of our users so that we can offer goods and services we believe may be most useful. Most portions of the Site can be used without registering or giving us any personal information, such as (but not limited to) your name and email address. However, we do collect PII regarding our online users when you provide it to us. Examples of ways you could provide information to us include filling out any “Contact Us” forms, filling out any demo request forms; filling out the form for the H.E.R.O. Report or other newsletters, filling out any forms for webinars or workshops, filling out any forms to contact our H.E.R.O. Expert support team, and sending an email to any of our alias email boxes, such as info@safekidsinc.com, sales@safekidsinc.com, support@safekidsinc.com, etc.
PII.
We collect PII in connection with the Site and offline transactions only in order to create or enhance our relationship with you. When we collect PII from you, it is because you are voluntarily submitting the information to us in order to access our services or in connection with content or suggestions you submit to us or because you want us to furnish you with products, services, or information. Examples of PII we may collect from or about visitors to the Site or in offline transactions include: name; job title and organization; status with Safe Kids Inc. (i.e., customer, prospect, vendor, etc.); contact information (e.g., mailing address, email address, social media handle, phone number); state or region; preferences for how we may contact you; preferences about participating in our events; comments and questions; and any other information you choose to provide to us.
We collect this information through forms that you may fill out on our Site, when you contact us with questions, or when you sign up for one of our events. As to offline collection, we may gather this information from email exchanges, phone calls, or other direct interactions with you outside of the Site.
We may also collect additional PII from other sources that we combine with the kinds of PII described above. In these circumstances, we will treat the combined information as PII in accordance with this Policy. Combined information helps us to update, expand, and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us with PII about others, or if others give us your PII, we will only use that information for the specific reason for which it was provided.
Examples of the types of PII that may be obtained from other sources and combined with information we already have about you through the Site may include information found publicly (such as available social media sites and profiles, your organization’s website, professional directories, and industry publications) in order to provide you more personalized and relevant experiences and offers; and our communications with you via email or phone as well as your customer service and/or sales records with us in order to provide you more relevant experiences and offers and to fulfill the purposes described in this policy.
Passive Collection and Tracking Technologies
As do most websites, we gather some PII automatically through the Site in our server logs. Such information may include your Internet Protocol (IP) address and domain name; your Internet Service Providers (ISP); the date and time of your visit; your use of the Sites (including the pages you view and the files you download); referring/exit pages; your computer’s operating system and browser type; your software and hardware attributes (including device IDs): your general geographic location (e.g., your city, state, or metropolitan region); and/or clickstream data to analyze trends in the aggregate and administer the Site. We collect PII using tools and technologies such as server logs, cookies, pixel tags, Javascript code, and entity tags (ETags).
Cookies
Cookies are small bits of information we place on the hard drive of your computer. We use cookies to identify your Internet browser and to determine whether you have installed the enabling software needed to access certain material on our Site. However, we do not use cookies or similar tools to collect or otherwise record any type of PII provided by or about any visitor to Safe Kids Inc. You can program your computer to warn you each time a cookie is being sent or to refuse cookies completely. However, by refusing cookies, you may not be able to access certain features on the Site.
IP Address
An IP address is a number that is assigned to your computer when you are using your browser on the Internet. The servers that serve our Site automatically identify your computer by its IP address.
Server Logs
When you use the Site, we automatically receive and record certain information from your computer (or device) and browser. To obtain such information, we may use server logs or applications that recognize your computer or device and gather information about its online activity.
Pixel Tags
The Site or the emails you receive from us may use an application known as a “pixel tag” (also called a “clear gif” or a “web beacon”). A pixel tag is an electronic tracking mechanism that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include PII. For example, pixel tags may be used by an email sender to determine whether an email recipient has opened a particular email.
Javascript
We use Javascript code on the Site to produce more interactive and dynamic features. Javascript can create cookies, read cookies, and delete cookies.
ETags
We use ETags on the Site. Etags are HTTP headers that are sent behind the scenes between a web browser and a web server.
2. How We Use the PII We Collect
We will use your PII in a manner that is consistent with this Policy and for the purpose for which it is submitted, unless other uses are disclosed, and you allow us to use your information in other ways. We may use PII to: (i) respond to your questions or comments or to provide you with requested information; (ii) sign you up for webinars, workshops, and/or events; (iii) send you updates, newsletters, or marketing communications about topics that may interest you, including about our products and services; (iv) to provide the Site to you, fulfill the terms of any agreement you have with us, or otherwise complete a transaction you initiate; (v) engage in analysis and research about the Site and our products and services, including merging PII with information we may already have or may collect about you during our customer service or sales activities; (vi) support and improve our existing products and services or create new products and services; (vii) compile and share aggregated information; (viii) for any legal purposes described in this Policy; and (ix) count and recognize visitors to the Site and analyze how visitors use the Site.
Notwithstanding the foregoing, we may use PII in aggregate, anonymous form for research purposes.
3. Information Sharing
We only use information provided to us to assist our users and will not share information with any third parties. We may use or disclose PII if we have a good-faith belief the disclosure is reasonably necessary: (i) to satisfy applicable law, regulation, legal process, or enforceable governmental request; (ii) to enforce any agreements we have with you; (iii) to address fraud or security issues; (iv) to protect our legal rights and/or the legal rights of our producers, affiliates, employees, agents, contractors and their service providers, including to protect the safety and security of visitors to the Site; and for risk management purposes.
When you provide your email address to us, you agree to receive email from us in response to your inquiry and any informational messages we may send for the benefit of our customers; however, you can unsubscribe from these emails at any time.
In addition to the methods outlined above, you may change your preferences regarding use of personal data by sending an email to info@safekidsinc.com
4. Information Security
We use reasonable administrative, technical, personnel, and physical measures to safeguard PII in our possession against loss, theft, and unauthorized use, disclosure, or modification. In addition, we use reasonable methods to make sure that PII is accurate, up-to-date, and appropriately complete. However, we, our producers, affiliates, employees, agents, contractors, and their service providers do not represent, warrant, or guarantee that PII will be protected against unauthorized access, loss, misuse, or alterations. If you choose to provide PII, we will not use the information for any purpose other than its original intended purpose and as otherwise set forth in this Policy.
5. Use of the Sites by Children
Children Under the Age of 13
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 is allowed to provide any personal information to us. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at info@safekidsinc.com.
Children Between the Ages of 13 and 18
We recommend minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet, including us.
6. Other Terms
Your use of the Site is subject to the terms and conditions set forth herein. By accessing or using the Site, you agree to be bound by the Terms of Use in effect at the time of your access or use, including the terms and conditions of this Policy.
7. Opting Out of Online Marketing and/or Offline Information
If you would like to opt out of any online email communication or offline information, please contact us at info@safekidsinc.com or write to us at, as applicable, Safe Kids Inc. at the address below:
Safe Kids Inc.
2618 San Miguel Drive, Suite 315
Newport Beach, Ca 92660
Attention: Privacy Officer
8. Contacting Us
You can contact us at info@safekidsinc.com
Last revised on March 6, 2024.
Services Privacy Policy
Safe Kids Inc. (“we,” “us,” or “Safe Kids Inc.”) provides a variety of technology and knowledge-based solutions for schools, organizations, education centers, government entities, and other entities, including online software-as-a-service platforms, curriculum, training, customer support, and professional services (collectively, the “Services,” and each, a “Service”). Our Services are provided to different types of users, including institutions (our “Customers”), as well as to our Customers’ staff, visitors, and other individuals (“you”). We respect the privacy of those who use our Services. This Services Privacy Policy (the “Policy”) explains how we collect, use, and disclose personally identifiable information, which is information that can be used to identify you (“PII”) in connection with the Services. This Policy is effective as of November 3, 2016.
This Policy does not apply to PII that we collect through means other than the Services, including through our website www.safekidsinc.com (a “Site”), and through offline business practices that are unrelated to the Services (the “Offline Practices”). To learn more about how we handle information in connection with the Sites and Offline Practices, please refer to our separate Website Privacy Policy.
Please note that our Customers also collect, use, and disclose data they obtain in connection with the Services. This Policy covers only how we handle your PII. For information about how our Customers handle your PII, please refer to the privacy policy of the institution or other third party with whom you are dealing directly. By using the Services, you agree to the terms of this Policy.
1. What Information We Collect
We collect PII about you. Depending on the Service we are providing, we may collect PII from you in a number of ways, when you voluntarily use the Services at a Customer location, when our Customer provides the information to us or provides us with access to such PII as a result of using the Services. If you have questions about Customer control in relation to the Services, please contact the Customer who provided you with access to the Service. In other cases, we collect PII independent of our Customers. PII can include, but is not limited to, the following categories of information:
Your first and last name, job title, organization, and contact information (such as physical address, email address, and phone number), student status;
Service credentials provided to you by Customers for support purposes;
Your username, password, and other credentials associated with Services;
Information about your use of the Services;
If you are affiliated with a Customer, information provided to us by the Customer about you, which may include your email address, job title, and other contact information;
Any other information that you have provided to our Customer or that our Customer has asked us to collect from you on their behalf; and
Information about your involvement with our webinars, workshops or events.
We also receive PII about you from other sources, including third parties who share your PII with us, and combine this data with PII we already have about you. This helps us to properly support integrations between our Services and the services of a third party for our Customers and allows us to improve our existing Services, develop new Services, and engage in analytics. If you provide us with PII about others, or if others give us your PII, we will only use that information for the specific reason it was provided to us. Examples of the types of information that may be obtained from third parties and combined with PII we already have about you may include your use of third-party services that are integrated with our Services.
In our capacity as a processor for our Customers, we may also collect from you the following PII about your contacts:
Email address of an individual to be copied on a customer support ticket; and
First and last name when changing the main contact on a customer support ticket.
When you provide PII about your contacts, we will only process this information in accordance with the specific reason for which it was provided and as part of the Services we provide to our Customers. If you believe one of your contacts has provided your PII and you would like to request that it be removed, please contact our Customer, the data controller. Upon their request to us, we may remove the Personal Information accordingly.
1.1. Passive Collection and Tracking Technologies
In addition to PII identified above, we also collect other PII automatically in connection with our browser-based Services. This information may include Internet Protocol (IP) addresses, browser type, Internet Service Providers (ISP), referring/exit pages, the files viewed (e.g. HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer our Services.
In connection with our browser-based Services, we use cookies or similar technologies (such as local storage, pixel tags, Javascript, and ETags) to analyze trends, administer our Services, track users’ movements around our Services, and gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions of the Services.
2. How We Use Information
We use PII to provide our Services as directed by our Customers, including to respond to and act upon customer support inquiries and requests from our Customers, to provide information to our Customers (including reports and analytics about use of the Service), and to accomplish the actions or transactions you initiate through the Service.
In addition, we use PII for our business-oriented purposes, including to administer our Customer accounts, fulfilling our contractual obligations with our Customers, improving our existing Services, developing new Services, engaging in analytics, complying with legal or regulatory requirements, protecting our rights and interests, and communicate with you about Services that may be of interest to you.
3. How We Share Information
We may share information about you with third parties on our own or at the instruction of our Customers.
When we share information about you with our own service providers to provide the Services and engage in the uses of PII permitted by this Policy, these third-party services may include:
Providing communication, customer support, and ticketing tools;
Providing resources about our Services;
Managing webinar, workshop, and event-related registration and attendance;
Sending marketing communications;
Conducting research and analysis; and
Providing cloud computing solutions.
Our service providers are only authorized to use your PII as necessary to provide these third-party services to us.
Furthermore, our Customers may direct us to integrate a Service with an offering, software, or application provided by a third party. In those cases, we will share PII with third parties at the Customer’s direction. If you have questions about Customer-directed sharing with third parties, please contact our Customer, the data controller.
In certain situations, we may be required to disclose PII in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also may share your PII as required by law, including in response to a court order, subpoena, or other legal process or, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others; to investigate fraud; or to respond to a government request.
We may also disclose your Personal Information with your prior consent.
4. Your Choices and Access to Information
We often do not interact directly with you or do so only at our Customer’s direction as a processor. Our Customers may provide you with notice of this Policy and, where appropriate, provide you with access (including the ability to confirm whether our Customer holds any of your PII and access, correct, or request deletion of your PII) as well as your choices in connection with our Services. If you have questions about your use of our Services, please contact the Customer who has provided you with access—this may be a school, your employer, government entity, organization or someone else. We will work with our Customer to address any questions or requests brought to our attention within a reasonable timeframe, but we might not interact directly with you.
Upon request, we will provide you with information about whether we hold any of your PII, if we control such information. You may access, correct, or request deletion of your PII by emailing us at info@safekidsinc.com. We will respond to your request within a reasonable timeframe.
5. Security
We use generally accepted and commercially reasonable physical, electronic, and procedural safeguards to protect our Services and your PII from loss or unauthorized access, use, modification, or deletion, both during transmission and once it’s received. No security program is completely secure, and we cannot guarantee the absolute security of your PII.
6. Data Retention
We retain PII for as long as accounts are active or as needed to provide the Services, comply with our legal obligations, resolve disputes, and enforce our contracts. For example, we may be required by contract with our Customer or by an applicable law to retain your PII for a set period of time.
7. Contact Information
You may contact us with questions about this Policy or our privacy practices at info@safekidsinc.com, or write to us at, as applicable, Safe Kids Inc. at the address below:
Safe Kids Inc.
2618 San Miguel Drive, Suite 315
Newport Beach, Ca 92660
Attention: Privacy Officer
We do not modify, correct, or delete the data of school staff or other individuals we process for our Customers without instructions to do so. Accordingly, please direct such requests to the Customer with which you are dealing directly. We will work with our Customer to address any questions or requests that the Customer raises with us.
8. Updates to this Policy
We reserve the right to change or amend this Policy at any time. Customers are responsible for reviewing any changes to this policy and providing notice to you. We will provide a revised version of this Policy to our Customers prior to any changes taking effect.
Last revised on March 6, 2024.
Terms of Use
END USER LICENSE AGREEMENT (EULA)
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BY AND AMONG SAFE KIDS INC. (“SAFE KIDS INC.”) AND BOTH YOU AND THE ENTITY THAT YOU REPRESENT (“CUSTOMER” OR “YOU”) SETTING FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICES (AS SUCH TERM IS DEFINED BELOW).
THIS AGREEMENT TAKES EFFECT UPON THE DATE WHEN YOU CLICK AN “I ACCEPT”, “OK”, “SUBMIT”, OR “I AGREE” BUTTON OR OTHERWISE CLICK A CHECK BOX PRESENTED WITH THIS AGREEMENT INDICATING ACCEPTANCE OR UPON THE DATE THAT YOU FIRST ACCESS OR USE SAFE KIDS INC.’S SOFTWARE OR CURRICULUM SOLUTIONS INCLUDING BUT NOT LIMITED TO THE H.E.R.O. PROGRAM OR LEARNING PORTAL (THE “SERVICES”) AFTER YOU HAVE BEEN PRESENTED WITH THESE TERMS.
YOU HEREBY REPRESENT TO SAFE KIDS INC. THAT: YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS; YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND ITS TERMS AND CONDITIONS; YOU AGREE TO BE BOUND LEGALLY BY THIS AGREEMENT, AND UPON ENTRANCE INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT AND AGREE THAT BOTH YOU AND SUCH ENTITY WILL BE SO BOUND LEGALLY BY THE AGREEMENT; YOU WILL NOT, AND WILL NOT ALLOW ANY THIRD PARTY TO, USE THE SERVICES TO DIRECTLY OR INDIRECTLY, DEVELOP OR IMPROVE A SIMILAR OR COMPETING PRODUCT OR SERVICE, INCLUDING ANY USE FOR COMPETITIVE ANALYSIS, BENCHMARKING, OR MARKETING.
IF YOU DO NOT AGREE TO BE SO BOUND, OR DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN THIS AGREEMENT WILL IMMEDIATELY TERMINATE AND YOU MAY NOT USE THE SERVICES.
Safe Kids Inc. and Customer are referred to as the “Parties” and each may be referred to as a “Party.”
In consideration for the mutual covenants and promises set forth herein, the Parties hereby agree as follows:
1. Definitions
1.1. “Customer Data” means any of your data that is provided by you to Safe Kids Inc. (including through the Services).
1.2. “Safe Kids Inc. Property” means the software (including all source code) used to provide the Services and all enhancements, updates, upgrades, corrections, and modifications thereto; all intellectual property rights relating to the software or any Services; Safe Kids Inc.’s graphics, logos, names, designs, page headers, button icons, scripts, and service names; the “look” and “feel” of the Services including any graphical user interfaces and user portals (including color combinations, button shapes, layout, design, and all other graphical elements); and Safe Kids Inc.’s API definitions and documentation, data integration interfaces and protocols.
2. Services
2.1. License Grant. Safe Kids Inc. provides to you a limited, non-assignable, non-transferable, non-sublicensable, non-exclusive license to use the Services in accordance with the terms of this Agreement. This Agreement permits you to use and access the Services from the Internet or through an online network. You may print and download materials and information from the Services solely for your use, provided that all such copies contain all copyright and other applicable notices contained in such materials and information. Your use of the Services will be subject to the obligations and restrictions regarding use of the Services as set forth in this Agreement.
2.2. Restrictions on Use. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Safe Kids Inc. through the Services in a manner not expressly permitted by this Agreement. You will not and will not permit any of your employees or contractors acting on your behalf to: (i) use any Services in a manner that is inconsistent with the terms of this Agreement; (ii) modify, adapt, translate, copy, decompile, disassemble, or reverse engineer any portion of the underlying software to any Services; (iii) use, sell, lease or permit use of any portion of the Services for the benefit of any third party; (iv) interfere with or disrupt the operation of any Services provided to you or made available by Safe Kids Inc. to third parties; (v) transmit or make available in connection with any Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity; (vi) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures relating to any Services without the express written consent of Safe Kids Inc.; (vii) take any action that repeatedly imposes, or may repeatedly impose, in Safe Kids Inc.’s reasonable opinion, an unreasonable or disproportionately large load on Safe Kids Inc.’s infrastructure; (viii) submit, post or make available false, incomplete or misleading information to any Services, (ix) impersonate any other person or business, (x) violate the rights of any other party or infringe upon any intellectual property rights of a party or (xi) use any Services to violate any applicable law, regulation, or order.
3. Ownership of Property and Customer Data
3.1. Use of Customer Data. Safe Kids Inc. may use Customer Data solely to provide Services.
3.2. Protection of Customer Data. Safe Kids Inc. will use commercially reasonable efforts to implement and maintain industry best-practice information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to, or use or disclosure of, the Services or any Customer Data.
3.3. Rights to Customer Data. You own all right, title, and interest (including all intellectual property rights) in and to the Customer Data.
3.4. Safe Kids Inc. Property. This Agreement provides only a limited license to access and use the Services. Accordingly, you expressly acknowledge and agree that Safe Kids Inc. transfers no express or implied ownership or intellectual property interest or title in and to the Services, and hereby agree that Safe Kids Inc. owns all right, title and interest (including all intellectual property rights) in and to the Safe Kids Inc. Property. You may use Safe Kids Inc. Property solely in connection with the Services and will return or destroy Safe Kids Inc. Property at Safe Kids Inc.’s request.
4. Representations and Warranties
4.1. Representations and Warranties. Each party represents and warrants to the other that (i) it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement; (ii) its use or provision, as applicable, of the Services is in compliance with all applicable laws, regulations, and orders, including those relating to privacy and data protection; (iii) its use or provision, as applicable, of the Services does not and will not infringe, violate, or misappropriate the intellectual property rights of any third party; and (iv) there are no pending or threatened claims pertaining to such party’s ability to use or provide the Services or any similar service, or that would prevent such party from fulfilling its obligations under the Agreement.
4.2. Warranty Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 4.1, SAFE KIDS INC. EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Suspension of Services
In the event Safe Kids Inc. believes in good faith, it is necessary to suspend the Services in order to: a) protect Customer Data or your use of the Services from disruption or harm (e.g. malicious traffic, unauthorized access by a third party), or b) protect the data of, or use of the Services by, other Safe Kids Inc. customers from disruption or harm (e.g. malicious traffic, unauthorized access by a third party), Safe Kids Inc. may suspend the Services in such situation in its sole discretion, and will use commercially reasonable efforts to notify you before such suspension occurs. In the event such prior notice by Safe Kids Inc. to you of the suspension of Services is not commercially feasible, then Safe Kids Inc. will notify you of any such suspension as soon as is commercially practicable. Safe Kids Inc. will use commercially reasonable efforts to mitigate the time the Services are suspended. Notwithstanding anything to the contrary herein, you will not be entitled to any refund or credit due to a good faith suspension of Services pursuant to this Section 5.
6. Vendor
Safe Kids Inc. is a vendor and not an employee, partner, agent, or joint venture partner of you. Each of you and Safe Kids Inc. are solely responsible and liable for its own income and employment taxes, insurance premiums and employment benefits. No employee of one party is eligible for any benefits (including stock options, health insurance or retirement benefits) provided by the other party to its employees.
7. Limitation of Liability
NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES DUE TO BE PAID BY YOU TO SAFE KIDS INC. UNDER THIS AGREEMENT (OR FOR THE CORRESPONDING PAID SERVICE) DURING THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE FIRST CLAIM AROSE. NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO FILING OF A COMPLAINT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED BY EITHER PARTY AGAINST THE OTHER PARTY. LIABILITY FOR (A) YOUR PAYMENT OF FEES TO SAFE KIDS INC. UNDER THIS AGREEMENT (OR FOR A CORRESPONDING PAID SERVICE] AND (B) EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD SHALL NOT BE SUBJECT TO ANY LIMITS ON LIABILITY SET FORTH IN THIS SECTION 7.
8. Indemnification
8.1. Indemnification by You. You will indemnify, defend, and hold harmless Safe Kids Inc. and its affiliates (including its and their respective directors, officers, employees, and agents) from and against any and all third-party claims, demands, losses, costs, expenses, damages, and liabilities (including reasonable attorneys’ fees) (“Claims”) relating to your breach of Section 2.2 of this Agreement.
8.2. Indemnification by Safe Kids Inc. Safe Kids Inc. will indemnify, defend, and hold harmless you and your affiliates (including its and their respective directors, officers, employees, and agents) from and against any and all third-party Claims that any of the Services, in the form provided by Safe Kids Inc., constitutes a direct infringement or misappropriation of a patent claim, copyright, trademark or trade secret of such third party.
8.3. Indemnification Procedures. The indemnified party will give the indemnifying party prompt written notice of any Claim and will cooperate in relation to the Claim at the indemnifying party’s expense. The indemnifying party will have the exclusive right to control and settle any Claim, except that the indemnifying party may not settle a Claim without the indemnified party’s prior written consent if the settlement requires the indemnified party to admit any liability or take any action or refrain from taking any action (other than ceasing use of infringing materials). The indemnified party may participate in the defense of any Claim at its expense.
9. General
9.1. Injunctive Relief. The Parties agree and acknowledge any violation of Sections 2.2, 3.3, or 3.4 will cause irreparable harm and injury to the non-breaching Party and that, in addition to all other remedies that may be available in law or otherwise, the aggrieved Party will be entitled to seek equitable relief, including injunctive relief, against the threatened or actual breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages. The Parties waive any requirement for security or posting of a bond in connection with any such equitable remedy.
9.2. Governing Law; Jurisdiction. This Agreement will be deemed to have been made in and will be construed pursuant to the laws of, the State of California without regard to conflicts of law provisions thereof. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a state or federal court in Orange County, California, and each party irrevocably submits to the jurisdiction and venue of such courts. EACH PARTY HEREBY WAIVES ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREES TO EXCLUSIVE JURISDICTION AND VENUE IN CALIFORNIA.
9.3. Non-Exclusive. Nothing herein prohibits Safe Kids Inc. from creating or offering the Services or entering into any similar agreement with any other party.
9.4. Amendment. Safe Kids Inc. may amend the terms and conditions of this Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website, which amended terms and conditions will be binding upon you, except in the case of any material change to this Agreement. In the case of any material change to this Agreement, such amendment will become effective when you click an “I Accept,” “OK,” “Submit,” or “I Agree” button or otherwise click a check box indicating acceptance when presented with such amendment.
Last revised on March 6, 2024.
Accessibility Statement
1. Compliance Status
We firmly believe that the Internet should be available and accessible to anyone and are committed to providing a website that is accessible to the broadest possible audience, regardless of ability. To fulfill this, we aim to adhere as strictly as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content accessible to people with a wide array of disabilities. Complying with those guidelines helps us ensure that the website is accessible to blind people, people with motor impairments, visual impairments, cognitive disabilities, and more. This website utilizes various technologies that are meant to make it as accessible as possible at all times. We utilize an accessibility interface that allows persons with specific disabilities to adjust the website’s UI (user interface) and design it to their personal needs. Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level constantly. This application remediates the website’s HTML, adapts its functionality and behavior for screen-readers used by blind users, and for keyboard functions used by individuals with motor impairments. If you wish to contact the website’s owner, please use the following email Info@SafeKidsInc.com.
2. Screen Reader and Keyboard Navigation
Our website implements the ARIA attributes (Accessible Rich Internet Applications) technique, alongside various behavioral changes, to ensure blind users visiting with screen-readers can read, comprehend, and enjoy the website’s functions. As soon as a user with a screen-reader enters your site, they immediately receive a prompt to enter the Screen-Reader Profile so they can browse and operate your site effectively. Here’s how our website covers some of the most important screen-reader requirements:
Screen reader optimization: we run a process that learns the website’s components from top to bottom, to ensure ongoing compliance even when updating the website. In this process, we provide screen-readers with meaningful data using the ARIA set of attributes. For example, we provide accurate form labels; descriptions for actionable icons (social media icons, search icons, cart icons, etc.); validation guidance for form inputs; element roles such as buttons, menus, modal dialogues (popups), and others. Additionally, the background process scans all of the website’s images. It provides an accurate and meaningful image-object-recognition-based description as an ALT (alternate text) tag for images that are not described. It will also extract texts embedded within the image using an OCR (optical character recognition) technology. To turn on screen-reader adjustments at any time, users need only to press the Alt+1 keyboard combination. Screen-reader users also get automatic announcements to turn the Screen-reader mode on as soon as they enter the website. These adjustments are compatible with popular screen readers such as JAWS, NVDA, VoiceOver, and TalkBack.
Keyboard navigation optimization: The background process also adjusts the website’s HTML and adds various behaviors using JavaScript code to make the website operable by the keyboard. This includes the ability to navigate the website using the Tab and Shift+Tab keys, operate dropdowns with the arrow keys, close them with Esc, trigger buttons and links using the Enter key, navigate between radio and checkbox elements using the arrow keys, and fill them in with the Spacebar or Enter key. Additionally, keyboard users will find content-skip menus available at any time by clicking Alt+2, or as the first element of the site while navigating with the keyboard. The background process also handles triggered popups by moving the keyboard focus toward them as soon as they appear, not allowing the focus to drift outside. Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.
3. Disability Profiles Supported on our Website
Epilepsy Safe Profile: this profile enables people with epilepsy to safely use the website by eliminating the risk of seizures resulting from flashing or blinking animations and risky color combinations.
Vision Impaired Profile: this profile adjusts the website so that it is accessible to the majority of visual impairments such as Degrading Eyesight, Tunnel Vision, Cataract, Glaucoma, and others.
Cognitive Disability Profile: this profile provides various assistive features to help users with cognitive disabilities, such as Autism, Dyslexia, CVA, and others, to focus on the essential elements more easily.
ADHD Friendly Profile: this profile significantly reduces distractions and noise to help people with ADHD and Neurodevelopmental disorders browse, read, and focus on the essential elements more easily.
Blind Users Profile (Screen readers): this profile adjusts the website to be compatible with screen readers such as JAWS, NVDA, VoiceOver, and TalkBack. A screen reader is installed on the blind user’s computer, and this site is compatible with it.
Keyboard Navigation Profile (Motor-Impaired): this profile enables motor-impaired persons to operate the website using the keyboard Tab, Shift+Tab, and the Enter keys. Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.
4. Additional UI, Design, and Readability Adjustments
Font adjustments users can increase and decrease its size, change its family (type), adjust the spacing, alignment, line height, and more.
Color adjustments users can select various color contrast profiles such as light, dark, inverted, and monochrome. Additionally, users can swap color schemes of titles, texts, and backgrounds with over seven different coloring options.
Animations epileptic: users can stop all running animations with the click of a button. Animations controlled by the interface include videos, GIFs, and CSS flashing transitions.
Content highlighting: users can choose to emphasize essential elements such as links and titles. They can also choose to highlight focused or hovered elements only.
Audio muting: users with hearing devices may experience headaches or other issues due to automatic audio playing. This option lets users mute the entire website instantly.
Cognitive disorders: we utilize a search engine linked to Wikipedia and Wiktionary, allowing people with cognitive disorders to decipher meanings of phrases, initials, slang, and others.
Additional functions: we allow users to change cursor color and size, use a printing mode, enable a virtual keyboard, and many other functions.
5. Assistive technology and browser compatibility
We aim to support as many browsers and assistive technologies as possible, so our users can choose the best fitting tools for them, with as few limitations as possible. Therefore, we have worked very hard to be able to support all major systems that comprise over 95% of the user market share, including Google Chrome, Mozilla Firefox, Apple Safari, Opera and Microsoft Edge, JAWS, and NVDA (screen readers), both for Windows and MAC users.
6. Notes, comments, and feedback
Despite our very best efforts to allow anybody to adjust the website to their needs, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or lack an adequate technological solution to make them accessible. Still, we are continually improving our accessibility, adding, updating, improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility following technological advancements. If you wish to contact the website’s owner, please use the following email Info@SafeKidsInc.com. Site accessibility and access are provided by “accessiBe.”
Last revised on March 6, 2024.
Copyrights, Registered Trademarks, and Permissions
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“H.E.R.O.” (Hide.Escape.Run.Obey), (Hide.Escape.Run.Overcome), “Safe Kids Inc.” (Safe Kids, Incorporated), and accompanying logos are registered trademarks of Safe Kids Inc.
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