General Disclaimer about IDTheftSecurity.com Inc, Protect Now LLC, Safr.Me (the “Company”) and Training and Certifications we offer.
Company Training and Certifications are for educational purposes only and is not intended to guarantee safety and protection or to provide a complete substitute for other safety and security measures such as security systems, insurance, software tools, and personal vigilance. Company Training and Certifications is designed specifically to help professionals better ensure the safety and security of their clients; however, Company makes no representations, guarantees, or warranties that the Training is appropriate for any particular individual or will result in improvement of any particular individual’s safety and security. Likewise, although the Training is intended to indicate that the holder of a Certification (a “Certification Holder”) is familiar with the educational content of the Certification curriculum, Company makes no representations, guarantees, or warranties that any particular Certification Holder is qualified to provide advice regarding safety and security. The information in the Certification curriculum is by no means complete or exhaustive and therefore does not apply to all conditions, circumstances, and scenarios.
The Certification curriculum may contain references or links to ideas, concepts, and materials from third-parties. Reference to any third-party ideas, concepts, materials, products, services, or other information does not constitute or imply endorsement, sponsorship, or recommendation thereof or any affiliation with Company. Company is not responsible for examining or evaluating the content or accuracy of such third-party materials, and Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Company is not liable for any harm or damages related to the use of or reliance upon goods, services, resources, content, or any other transactions made in connection with any third-party providers. Complaints, claims, concerns, or questions regarding any third parties should be directed to the relevant third-party.
RELEASE OF LIABILITY AND WAIVER OF RIGHTS
The individual named below (referred to herein as “I”, “me”, “my”) desires to participate in the personal safety training session (the “Training Sessions”) sponsored by Company. In consideration of being permitted to participate in the Training Sessions and any intangible value that I will gain by participating in the Training Sessions, I hereby irrevocably and unconditionally agree for myself, my personal representatives, my spouse, my heirs, next-of-kin, insurers, successors, and assigns to all the terms of this Release of Liability and Waiver of Rights (this “Release and Waiver”).
· ASSUMPTION OF RISK. My choice to participate in the Training Sessions is knowing and voluntary. I understand that participation in the Training Sessions may involve inherent risks and dangers of accidents, emergency treatment, property loss or damage, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities or equipment. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
· RELEASE FROM LIABILITY. I fully and forever release and discharge the Company and their respective current and future affiliates, members, managers, directors, officers, equity holders, employees, joint venturers, agents, advisors, representatives, and insurers, and all others involved in the Training Sessions (collectively referred to in this Release and Waiver as the “Company Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Training Sessions, even if it is due to the negligence, injudicious act, omission, or other fault of any of the Company Parties.
· WAIVER OF RIGHTS. I hereby expressly, knowingly, voluntarily, and intentionally waive all claims, now known or hereafter known, against any of the Company Parties on account of injury, death, or property damage arising out of or attributable to my participation in the Training Sessions, whether arising out of the negligence of any of the Company Parties or otherwise. I further hereby expressly, knowingly, voluntarily, and intentionally waive any right to a trial by jury on account of injury, death, or property damage arising out of or attributable to my participation in the Training Sessions, whether arising out of the negligence of any of the Company Parties or otherwise. No representative of any of the Company Parties has indicated that the Company Parties will not, in the event of litigation, seek to enforce this jury trial waiver. I hereby expressly, knowingly, voluntarily, and intentionally waive any rights to join any class or representative action, suit, or proceeding arising out of or attributable to my participation in the Training Sessions.
· AGREE NOT TO SUE. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against any of the Company Parties, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Training Sessions, and I waive any right I may have to do so. This means that I cannot sue to hold the Company Parties responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Training Sessions, even if it is due to the negligence, omission, or other fault of any of the Company Parties. I waive my insurers’ right to make a claim against any of the Company Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Company Parties.
· REPRESENTATIONS AND WARRANTIES. I am over eighteen (18) years of age. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to participate in the Training Sessions. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Training Sessions, I will immediately discontinue further participation in the Training Sessions. I have the authority, permission, and capacity to enter into this Release and Waiver on behalf of myself, my personal representatives, my spouse, my heirs, next-of-kin, insurers, successors, and assigns. I hereby warrant the truth of the above statements and I declare that I have not withheld any information that would influence the decision of the Company in allowing me to participate in the Training Sessions.
· COVENANTS. I will follow any and all instructions, recommendations, and cautions of the Company Parties at all times during the Training Sessions. I will comply with all applicable laws while participating in the Training Sessions. I understand that the Training Services are provided “as is” and without any warranties of any kind. I understand that the Company Parties do not warrant that the Training Services will be reliable, will be free from errors, will guaranty any result or desired outcome, or will result in my development of any desired skills
· MISCELLANEOUS. This Release and Waiver shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, my spouse, my heirs, next-of-kin, insurers, successors, and assigns, without limitation. It is my desire and intent that the words, terms, provisions, representations, warranties, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by applicable law. The failure of any of the Company Parties to enforce any of its rights under this Release and Waiver shall not be constructed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver or any other right or remedy. No revisions, amendments, or modifications to this Release and Waiver will be effective unless in writing and signed by the Company. If any portion of this Release and Waiver is held invalid, illegal, or unenforceable in any jurisdiction, the remainder shall not affect, invalidate, or render unenforceable any other term or provision, and the remainder of this Release and Waiver and shall continue in full legal force and effect. The terms of this Release and Waiver shall continue from this date indefinitely. This document constitutes the sole and entire agreement of the Company Parties and me 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.
I HAVE READ THIS RELEASE AND WAIVER. BY SIGNING, I ACKNOWLEDGE THAT I FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, INCLUDING THE RIGHT TO SUE THE COMPANY PARTIES, AND HAVE SIGNED THIS RELEASE AND WAIVER FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.