IMPORTANT: THE TERMS ARE A CONTRACT. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE “I ACCEPT” BUTTON. BY CLICKING ON THE “I ACCEPT” BUTTON AND/OR ACCESSING AND/OR USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT CLICK ON THE “I ACCEPT” BUTTON OR ACCESS OR USE THE SOFTWARE. IF YOU DO NOT ACCEPT THE TERMS, YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE.
License Grant. Subject to your strict compliance with the Terms, During the Term, National Safety Council (“NSC”) grants you a NON-ASSIGNABLE, NON-TRANSFERABLE, NON-SUBLICENSABLE and NON-EXCLUSIVE limited license to access and use the Software within the United States by certified technicians in connection with performing child passenger safety seat checks. This license grant does not entitle you to receive hard copy documentation, enhancements or updates to the Software.
You hereby grant and agree that NSC has unlimited rights to all data and information entered into the Software and otherwise provided to us and that NSC and its designees and participating partners may use and share such data and information.
Family, parent, caregiver and child personally identifiable information (PII) submitted in the electronic check form will remain private and protected.
Individual child passenger safety technicians (CPST) and approved affiliated agencies will have access to only the information they have submitted and this information can be used for their reporting purposes.
Child restraint and vehicle manufacturers will have access to non-PII data that pertains to their products only.
Non-PII Information will be shared with the National Child Passenger Safety Board (NCPSB) and the National Highway Traffic Safety Administration (NHTSA).
You acknowledge and agree that the Software and its documentation are provided under license, and not sold, to you. You do not acquire any ownership interest in the Software or its documentation, or any other rights thereto, other than to use the same in accordance with the license granted and subject to the Terms including the restrictions hereunder. NSC and its licensors and service providers reserves and shall retain their respective right, title, and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, except as expressly granted to you hereunder. You shall safeguard the Software from infringement, misappropriation, theft, misuse, or unauthorized access. You are responsible for obeying all applicable copyright laws. You agree and acknowledge that your access and use of the Software is for data collection, reporting and educational purposes. All other use is strictly prohibited. NSC reserves the right to rescind our permission for your use of the electronic check form and the corresponding digital platform at any time.
The Software and all other logos/marks associated with it are trademarks of the National Safety Council and/or its licensors and may not be used without NSC’s express permission.
All users of the Software must be currently certified child passenger safety technicians (CPST) or instructors as certified by the National Child Passenger Safety Certification Training program in the United States. Access to submit information will be granted after required registration and proof of current CPST certification is completed. Access will terminate at the end of your current CPST certification cycle unless CPST submits proof of recertification in advance.
NSC assumes no responsibility for providing, or costs associated with devices required to access and use the Software, as well as data service plans on devices used to access and use the Software. All access charges through internet or data plan providers are the sole responsibility of the individual user or CPST.
Disclaimer. The information submitted to, and contained in, the Software may not be accurate or comprehensive. Despite our efforts, the information may not be verified, up to date or applicable to the circumstances of any particular case. We make no representation or warranty regarding the information submitted to the electronic check form and are not liable for any inaccuracies or omissions and any use you make of the information contained in the electronic check form is at your sole risk and responsibility. The National Safety Council shall not have liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of the electronic check form and digital platform or any information contained in it.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
IN NO EVENT WILL NSC, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT NSC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL NSC, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE TERMS OR THE SOFTWARE, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED FIVE DOLLARS.
THE LIMITATIONS SET FORTH IN SECTION 4(a) AND SECTION 4(b) SHALL APPLY EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Representations and Warranties. You represent and warrant to NSC that (a) you are and will continue to be in compliance with all applicable laws and regulations; (b) you have the right to collect, use and grant NSC the rights to any and all data and information entered into the Software; (c) you are a certified technician with respect to child passenger safety; and (d) you will perform any services in a good and workmanlike manner in accordance with the highest standards.
Indemnity. You acknowledge that you are solely responsible for your use of the Software and any services and/or advice you provide. You agree to defend, indemnify and hold the NSC, its affiliates, and any of its or their respective licensors, suppliers and service providers harmless of, from and against, for any and all liability, loss, damages, costs and expenses (including, without limitation attorneys’ fees, costs and expenses) arising out of or relating to (a) you or your agents including anyone acting by or through you or your agents acts, omissions, or negligence (b) any breach of or violation of any term, condition, representation, warranty, covenant, duty or obligation contained in the Terms; (c) claims of property damage and/or personal injury (including death); or (d) you or your agent’s use, whether proper or improper, of the Software, and/or the performance of services.
Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, NATURE OR DESCRIPTION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NSC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NSC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Term and Termination. The “Term” of the license granted hereunder shall commence upon your acceptance of the Terms and shall continue until the earlier of (a) termination by either party upon written or constructive notice thereof; (b) upon your breach or default of these Terms; (c) you are no longer authorized or qualified to access or use the Software; or (d) if NSC otherwise discontinues providing the use of the Software or support for any or no reason whatsoever.
All matters arising out of or relating to the Terms, the Software and NSC’s relationship with you shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to these Terms or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Illinois in each case located in the City of Chicago and County of Cook County, and each party irrevocably submits to the non-exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.
All notices and other communications to NSC shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); or (iii) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.
The Terms and all other documents that are incorporated by reference herein, constitutes the sole and entire agreement between NSC and you with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
You may not assign these Terms or the Software to any other person or entity.
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