Zero Liability Policy

This policy (“Policy”) governs your (“you” “your”) use of Safely Inc.’s (“Safely” “we” “us” “our”) products and services (“Products”).

This Liability Policy is to be read in conjunction with our Terms of Service, which govern your use of our website and services. For the terms and conditions related to the use of our website, please see our online Terms of Service. In the event of any conflict between the two, the provisions that offer the greater protection to Safely Inc shall prevail to the extent of the conflict.

This Policy is subject to change at any time effective immediately upon the change without notice to you.

BY PURCHASING OR USING OUR PRODUCTS OTHERWISE USING ANY SERVICES WE MAY OFFER, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS POLICY; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE POLICY TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE POLICY TERMS. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE OUR PRODUCTS.

In consideration for your purchase or use of our Products, or as a result of our Products being used on you, you, on behalf of yourself, organization, your heirs, executors, administrators and/or assigns, hereby agree as follows:

Unless otherwise expressly provided by Safely to the contrary at the point of purchase or on the Safely Product packaging, you voluntarily, waive, release, holds harmless, and waive on behalf of yourself, your heirs, and any personal representatives, from any liability Safely and its founders, officers, board of directors, attorneys, members, employees, contractors, and volunteers (the “Indemnified Parties”) from and against all bodily injury, damages, claims, liabilities or causes of action arising from or in any manner connected with, directly or indirectly, use of the Product(s) (collectively, the “Use”). Should you become injured, become ill, or require medical treatment for any reason, you will be personally responsible for all medical care and costs including transportation to a medical facility. You understand that this Policy precludes its right to recovery of damages in the event you are injured as a result of you or a third-party’s Use of the Product(s).

You shall defend, hold harmless, indemnify, and waive on behalf of yourself, your heirs, and any personal representatives, from any liability the Indemnified Parties from and against all damages, claims, liabilities, causes of action, judgments, settlements, costs and expenses (including, but not limited to, reasonable expert witness and attorney fees) that may at any time arise or be claimed by any person as a result of bodily injury, death or property damage, or as a result of any other claim or cause of action of any nature whatsoever, arising from or in any manner connected with, directly or indirectly, your negligent or intentional acts or omissions in its participation in the Use of our Product(s).

You acknowledge that Use of the Product(s) may include activities that may be hazardous, result in serious injury, damages, or loss and you assume the risk of injury or harm associated with such Use.

You understand and acknowledge that the Indemnified Parties may not carry or maintain health, medical or disability insurance coverage for you or other users, and therefore, you agree to assume responsibility for such insurance coverage.

You further acknowledge that any Products or information associated therewith, including but not limited to techniques or educational information related to self-defense, Safely does not offer any guarantee, stated or implied, that you will be able to protect yourself in any confrontation you are faced with. Such Products and information are only provided for use at your own risk and for reference, and is not to be construed as a guarantee to protect you or keep you safe, nor as any form
of legal or professional advise or guidance.

EXCEPT FOR SAFELY’S EXPRESS WARRANTIES PROVIDED TO YOU, SAFELY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT, SERVICE, OR INFORMATION IT PROVIDES TO YOU, OR ANY THIRD PARTY PRODUCTS INCORPORATED THEREIN, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF ANY PRODUCT TO PERFORM AS ADVERTISED.

SAFELY SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY, DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF THE USE OR MISUSE OF THE PRODUCT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, SAFELY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF FAILURE OF ANY ESSENTIAL PURPOSE. IN NO EVENT WILL SAFELY’S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SAFELY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BEFORE EACH USE, USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR HIS / HER INTENDED USE, AND ASSUMES ALL RISK AND LIABILITY IN CONNECTION THEREWITH. SAFELY HAS NO CONTROL OVER THE STORAGE, HANDLING, USE OR APPLICATION OF ITS PRODUCTS AND
MUST DISCLAIM RESPONSIBILITY FOR ANY UNSATISFACTORY RESULTS OBTAINED THEREFROM.USER MUST BE AT LEAST 18 YEARS OF AGE TO PURCHASE THIS PRODUCT. PLEASE CHECK ALL LOCAL LAWS AND REGULATIONS REGULATING PEPPER SPRAY BEFORE USAGE. USER
IS RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND ORDINANCES IN ITS PURCHASE AND USE OF THE PRODUCT. ALL RECOMMENDATIONS AND SALES ARE MADE ON THE CONDITION THAT SAFELY AND ITS DISTRIBUTORS AND DEALERS WILL NOT
BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM THE PRODUCT’S USE.

You agree that should any provision of this Policy be held invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not affect the remaining provisions of this Policy which shall continue to be enforceable.