TERMS OF SERVICE

Effective: September 13, 2019

SaF TERMS OF SERVICE

Hello and welcome! We are SaF! Our legal name is SaF, Inc. and we refer to ourselves in these Terms of Service (“Agreement”) as “SaF”, “we”, “us” or “our”. This Agreement governs your use of the SaF mobile device application, website, and related services (collectively, the “Services”), including how you can and cannot use our Services.

This is a legally binding contract between you and SaF. We worked hard to put together this Agreement as simply as we could, so please be sure to read it carefully.

First, we want to highlight some important things about this Agreement:

A.     By accessing the Services you: (i) acknowledge and agree that you have read and understand the terms of this Agreement; (ii) agree to be bound by them, and (iii) represent and warrant that you have the authority to accept them. If you don't agree with or can't accept all of the terms of this Agreement, you MAY NOT download, install, use, or participate in the Services.

B.     We also have other terms and conditions that are incorporated into and form part of this Agreement, including our Privacy Policy, available at www.thesafapp.com/privacy (“Privacy Policy”), which explains the information we collect from you and how we use and share that information.

C.    THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SaF CAN BE RESOLVED (SEE SECTION 18 BELOW). THESE PROVISIONS REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SaF TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING (our lawyers insisted that we use all caps for that one).

1.   The Services

1.1. Services. The Services provide a marketplace platform where persons who seek in-person wait-list or wait-line services (“Line Concierge Services”) at a venue, restaurant or other establishment or business (collectively “Venue”) can be matched with third parties providing Line Concierge Services (“Concierges”). You authorize SaF to match you with a Concierge based on factors such as your location, the estimated wait time at a Venue, platform efficiency, and to cancel an existing match and rematch based on the same considerations. Your decision(s) to accept Line Concierge Services from a Concierge is made by you in your sole discretion. Each Line Concierge Service provided to you by a Concierge constitutes a separate agreement between you and the Concierge.

1.2. License Grant. Subject to the terms of this Agreement, SaF grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, revocable, non-transferable license to: (A) access and use the Services; and (B) access and use any content, information and related materials that may be made available through the Services.

1.3. Text Messaging with Concierges. You understand and agree that: (A) SaF will share your mobile telephone number with the applicable Concierge when you use the Services to arrange for a Concierge to provide you with Line Concierge Services; and (B) all communications between you and a Concierge regarding the Line Concierge Services will be directly through your selected text messaging application, which may be subject to additional charges by your mobile phone services provider. Because you will communicate directly with each Concierge via your selected text message application, you understand and agree that SaF cannot and does not monitor these communications. You agree to notify SaF immediately if you believe a Concierge has engaged in any behavior that is unlawful, or has caused nuisance, annoyance, inconvenience, or personal injury or property damage to you or anyone else. In particular, you agree to notify SaF immediately if a Concierge attempts to communicate with you for any reason other than as necessary to provide the specific Line Concierge Services you have arranged to receive from that Concierge. We will suspend or terminate any Concierge that we verify to have done so.

2.   User Accounts

2.1. Registration. While some elements of the Services may be accessible to the public, most aspects of the Services require that you create a user account. To create a user account for the Services, you will be required to either: (A) log-in with your Facebook or Google credentials through Auth0.com (which will provide us with your name, email address and mobile telephone number; or (B) provide us with your name, email address and mobile telephone number. You will also be required to enable location tracking services for the SaF application on your mobile device. Your agree that your user account information must be correct, current and complete and that it will be governed by the Privacy Policy. You agree and consent to our use of your user account information in connection with your access to and use of the Services and otherwise in a manner consistent with our Privacy Policy.

2.2. You Are Responsible for Your Account. You are entirely responsible for maintaining the confidentiality of your password for your user account. If you fail to maintain accurate, complete, and up-to-date user account information, it may result in your inability to access or use the Services. You also agree to only have one user account and not to share your account, user name or password with anyone. If you suspect any unauthorized use of your user account, you agree to notify SaF immediately. In addition, you agree that you are entirely liable for all activities conducted through your user account, and are responsible for ensuring that you are aware of, understand, and comply with the terms of this Agreement and all other rules, policies, or notices published by SaF.

2.3. SaF Communications. By entering into this Agreement, you agree to receive communications from us regarding your use of the Services, including via e-mail, text message, and push notifications.

3.   User Content

3.1. Overview. We may allow you to use the Services to submit, upload, publish or otherwise make available to SaF various types of data, content or information, which may be in the form of text, audio, or visual content and information (e.g., initiation of support requests or Concierge reviews) (“User Content”). Any User Content that you provide to us will remain your property. But, by providing SaF with User Content, you grant SaF a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to (A) exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction, (B) your name, likeness, and any other information included in your User Content, without any obligation to you. You waive any and all claims that any use by us or our licensees of your User Content violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary, attribution, or other rights, and rights to any material or ideas contained in your User Content.

3.2. Representations and Warranties. You represent and warrant that: (A) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (B) the User Content is accurate and not misleading; (C) the User Content and your use of such User Content does not violate any law, rule or regulation; (D) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (E) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Services; and (F) User Content you supply does not violate this Agreement and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.

3.3. Monitoring. You understand and agree that you are solely responsible for the User Content that you post, store or upload on or through the Services. SaF does not pre-screen User Content and you agree that we do not have any obligation to delete, screen or edit any of the User Content posted, stored or uploaded. That said, SaF reserves the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. Without limiting the foregoing, SaF may remove any User Content that in the sole judgment of SaF violates the terms of this Agreement.

4.   Charges

4.1. Payment Methods. SaF uses third party payment providers (e.g., Stripe) to authenticate payment when you purchase Line Concierge Services from a Concierge. SaF does not directly sell the Line Concierge Services, but rather works with its third-party partners. When you directly purchase Line Concierge Services through the Services, you are interacting with our third-party partners (and not SaF). Please read the terms and conditions and privacy policies of applicable third-party partners to understand their terms and conditions. You agree that you will provide accurate and complete payment information to our third-party providers. You are responsible for ensuring that you have authorization to use any chosen payment method. You also agree to pay all fees and applicable taxes incurred under the user account registered to you. You agree to promptly notify SaF of any changes to your billing information or payment method. If your payment method cannot be processed at any time, SaF may immediately terminate your user account and this Agreement.

4.2. Charges. All amounts paid by you through the Services are final and non-refundable, unless otherwise determined by SaF.

5.   Concierges and Venues Are Independent of SaF

You acknowledge and agree that: (A) the Services only enable users to arrange Line Concierge Services with Concierges; and (B) SaF cannot and does not make any representations, promises or guarantees regarding the availability of Venue or their respective products or services; (C) SaF is not responsible for any Concierge’s or Venue’s products or services, and does not verify Concierges’ and Venues’ compliance with applicable laws or regulations; and (D) SaF has no responsibility or liability for acts or omissions by any Concierge, Venue or other guests, visitors, or patrons of any Venue, including any acts or omissions resulting in personal injury or property damage to you or any other person. 

6.   Prohibited Activities

You may use the Services only for lawful purposes and strictly in accordance with the terms of this Agreement. You agree not to:

  • Use the Services in any way that violates any applicable federal, state, local or international law or regulation.

  • Stalk, threaten, or otherwise harass any person.

  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

  • Use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • Use the Services to send, knowingly receive, upload, download, use or re-use any material that (A) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (B) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (C) infringes, misappropriates or violates any intellectual property rights or other rights of any other person; (D) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (E) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; (F) contains false statements or misrepresentations that could damage you, us or a third party; or (G) does not comply with this Agreement.

  • Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • Impersonate or attempt to impersonate SaF, a SaF employee, a Concierge, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or otherwise collecting information from the Services to be used for any commercial purpose.

  • Use any device, software or routine that interferes with the proper working of the Services.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services.

  • Otherwise attempt to interfere with the proper working of the Services or engage in any act or omission, or encourage or assist any third party to engage in any act or omission that violates this Agreement.

7.   Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SaF, its licensors or other providers of such material and are protected by United States and international copyright, trademark, service mark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as expressly authorized by this Agreement. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by SaF and its respective licensors.

8.   Trademarks

The SaF names and all related names, certification names, logos, product and service names, designs and slogans are trademarks and service marks of SaF or its affiliates or licensors. You agree that you will not (A) use such marks, or (B) reference in any manner such marks, without the prior written permission of SaF. All other names, logos, product and service names, designs and slogans on Services are the trademarks of their respective owners.

9.   Usage Data

We may collect content, data or information aggregated from your use of the Services, such as performance metrics and usage trends, that does not identify or otherwise permit the identification of you or another person (“Usage Data”). You understand and agree that SaF will own all Usage Data. We may use and disclose Usage Data for promotion, statistical analysis, market analysis, financial analysis, benchmarking, improvement of the Services, development of other products and services and other purposes that are not inconsistent with the Privacy Policy.

10.       Feedback

You may decide to provide SaF with, or respond to our request for, materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, which may be in the form of email or other submissions (“Feedback”). You understand and agree that Feedback is non-confidential and will become the sole property of SaF. This Section is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in our Privacy Policy, available at www.thesafapp.com/privacy.

11.       Administrative, Physical and Technical Safeguards

We will use commercially reasonable efforts to maintain administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your information that are consistent with industry standards for similar services and the Privacy Policy.

12.       Information Posted to the Services

Any reliance you place on any information, content, data or User Content available via the Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, content, data and User Content by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. All statements, comments and/or opinions expressed through the Services, other than the content provided by SaF, are solely the opinions and the responsibility of the person or entity providing those statements, comments and opinions. These statements, comments and/or opinions do not necessarily reflect the opinion of SaF. We are not responsible, or liable to you or any third party, for the content or accuracy of any statements, comments and/or opinions provided by other users or any third parties.

13.       Third Party Websites and Services

The Services may contain links to other information or services (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering products or services on the Linked Services.

We may incorporate third-party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than this Agreement and as may be set forth by third-party providers, as applicable. You agree that Judge Academy assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by SaF. In addition, you understand and agree that Apple Inc. (“Apple”) is a third-party beneficiary to this Agreement if you access the Services using an application developed for Apple iOS mobile devices. As a third party beneficiary Apple. is not a party to this Agreement and is not responsible for the provision or support of the Services in any manner. Your access to the Services using an iOS mobile device is subject to terms set forth in Apple’s App Store terms of service.

14.       Updates and Changes

14.1. To the Services. Our Services will evolve and SaF may update, patch, revise, change, suspend or restrict your access to the Services, including components thereof, for any reason and may push mandatory, automatic, or background patching or updates or require you to download and install updates to any software required to support the Services at any time without notice or liability to you. You understand and agree that your use of the Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Services. We do not have any maintenance or support obligations with respect to the Services. You agree that updates may change the requirements necessary to use the Services and agree that in such an event you are responsible for any necessary actions, including but not limited to software or hardware, to access and use the Services. You understand and agree that SaF is not entitled to provide you with any subsequent updates to the Services.

14.2. To this Agreement. SaF may (and likely will) update, amend, alter, or modify the terms of this Agreement in the future. You agree that SaF may make changes to the terms of this Agreement at any time and for any reason at its sole discretion. If we make material changes to this Agreement, we will notify you and give you an opportunity to review the new Agreement that will supersede and replace the terms of this Agreement. If any future changes to the terms of this Agreement are unacceptable to you or cause you to no longer be in compliance with the terms of this Agreement, you must terminate your user account. If you continue to use the Services after notice of changes to this Agreement, your use will mean that you accept any and all of SaF’s changes. If at any time you do not agree to all or any portion of the terms of this Agreement, then you must immediately stop using the Services.

15.       Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SAF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SAF CANNOT AND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CONCIERGES OR ANY OTHER THIRD PARTY PRODUCT, SERVICE OR INFORMATION PROVIDED THROUGH THE SERVICES. YOU AGREE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY PRODUCT, SERVICE OR INFORMATION REQUESTED IN CONNECTION THEREWITH.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16.       Limitation of Liability

SAF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF SAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SAF’S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SAF IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM(S).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.       Indemnification

You agree to indemnify and hold SaF and its affiliates and their respective officers, directors, employees, agents, vendors, suppliers and licensors harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (A) your use of the Services or services or goods obtained through your use of the Services; (B) your breach or violation of any of this Agreement; (C) our use of your User Content; or (D) your violation of the rights of any third party.

18.       Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

By agreeing to this Agreement, you understand and agree that you are required to resolve any claim against SaF on an individual basis in arbitration, subject to the terms of this Section 18 (“Arbitration Agreement”). This means that this Arbitration Agreement will preclude you from bringing any class, collective, or representative action against SaF. It also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against SaF by a third party.

18.1. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach SaF's support team at info@thesafpp.com. Except for intellectual property and small claims court claims, you and SaF agree to use our respective best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the SaF support team, and good faith negotiations shall be a condition to either you or SaF initiating a lawsuit or arbitration.

18.2. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, the parties agree that any dispute, claim or controversy arising out of or relating to (A) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (B) your access to or use of the Services at any time, whether before or after the date you agreed to this Agreement, will be settled by binding arbitration between you and SaF, and not in a court of law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of this Agreement are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Oregon.

18.3. Rules and Location. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Oregon and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. Unless you and SaF agree otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SaF submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

18.4. Decision and Fees. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. You will be responsible for payment any AAA filing, administrative and arbitrator fees solely as set forth in the AAA Rules.

18.5. Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SAF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

18.6. Exceptions. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

18.7. Opt-Out. You have the right to opt out and not be bound by this Arbitration Agreement by sending (from the email address associated with you user account) written notice of your decision to opt out to info@thesafpp.com with the subject line, “ARBITRATION AGREEMENT OPT-OUT.” The notice must be sent within thirty (30) days of you and SaF entering into this Agreement; otherwise, you will be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If you opt out of this Arbitration Agreement, SaF also will not be bound by it.

18.8. Changes. SaF will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration Agreement by posting on the SaF Terms of Service website, sending you a message, or otherwise notifying you when you are logged into your user account. Any such substantive changes changes will become effective thirty (30) days after they are posted on SaF Terms of Service website, sent to you or your receipt of notice of such changes. Any other changes to this Arbitration Agreement will apply prospectively only to claims arising after such thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes” is not enforceable or valid, then this subsection shall be severed from this Arbitration Agreement.

19.       Termination

19.1. By You. You may terminate this Agreement at any time by deleting your user account.

19.2. By SaF. Without limiting our rights to terminate this Agreement as set forth elsewhere, we may, at any time and at our sole discretion, suspend, terminate, deactivate, and delete your account, or suspend, terminate, or discontinue your access to or any part of the Services with or without notice to you for any reason or for no reason at all, including without limitation if: (A) you breach any provision of this Agreement; (B) you infringe any third-party intellectual-property rights; (C) we are unable to verify or authenticate any information you provide to us; (D) your use of the Services is inappropriate; (E) we stop offering the or Services in your region; (F) it would be in the best interest of SaF, a third party, or our community.

19.3. Effect of Termination. Upon termination of your user account or discontinuation of any part of the Services, all rights granted to you under this Agreement will immediately terminate with no further obligations or liability to you. You will no longer have access to the Services (or any part thereof), including any of the associated data or content. You acknowledge and agree that will not be entitled to any refunds and we will have no liability to you. We also have the right to terminate or suspend any other user accounts you may have created with SaF, as well as your access to any other SaF products or services without any refunds or liability to you. Sections 1.3, 2.2, 3 through 13, 15 through 17, 19.3 and 20, together with any licenses granted by you to SaF hereunder, will survive termination of this Agreement for any reason.

20.       General Terms

You represent and warrant that you are not (A) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) listed on any U.S. Government list of prohibited or restricted parties. You may not assign this Agreement, or any of your rights or obligations hereunder, without SaF’s prior written approval. SaF may assign this Agreement without your consent for any reason. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SaF or any Concierge as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SaF's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SaF in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of this Agreement.

This Agreement is an agreement solely between you and SaF, Inc. If you have any questions about this Agreement, please contact us at info@thesafapp.com.