Terms and Conditions

I. GENERAL TERMS

1.Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at 888-357-7446 between 9am and 5pm Eastern Time.

2. Authorized Use of Website:  This Website is provided for your personal use and for purchasing Products for your own organization’s use only. Any other use of the Website requires the prior written consent of Company.

3. Use of Website: You may use this Website subject to these Terms and Conditions, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. By using the Website for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Website. You are not obligated to register in order to access the Website. However, the Website offers certain privileges for which registration is necessary (such as the ability to store information from previous orders and sales tax exemption documents).  You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account.

4. Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

5. Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third party licensors.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms and Conditions are reserved by Company. 

6. No Ideas Accepted: We do not accept any unsolicited ideas to this Website from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business.  If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. 

7. Third Party Links; Advertisers: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit.  We are not responsible for the practices or the content of such other Websites.

8. No Warranties; Limitation of Liability:  WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE OR ALL CONTENT, PRODUCTS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  

WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE PRODUCTS’ COMPLIANCE WITH APPLICABLE LAW, RULES, OR REGULATIONS, INCLUDING WITHOUT LIMITATION THE AMERICANS WITH DISABILITIES ACT, FIRE OR BUILDING CODES, AND OCCUPATIONAL SAFETY AND HEALTH ADMNISTRATION, NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH, CENTER FOR DISEASE CONTROL OR ENVIRONMENTAL PROTECTION AGENCY REGULATIONS. COMPANY DOES NOT REPRESENT AND WARRANT THAT USE OF THE PRODUCT IS ADEQUATE TO MITIGATE THE SPREAD OF ANY VIRUSES OR DISEASES. YOU SHOULD CONSULT APPLICABLE FEDERAL, STATE AND LOCAL LAWS, REGULATIONS AND GUIDELINES GOVERNING HOW SOCIAL DISTANCING SIGNAGE CAN BE A COMPONENT TO A BROADER CORONAVIRUS MITIGATION STRATEGY,

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY PRODUCTS AND COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO PROPERTY OR PERSONAL OR BODILY INJURY THAT RESULTS FROM ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. FURTHER, SUBJECT TO OTHER LIMITATIONS IN THESE TERMS AND CONDITIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

9. International Use: We control and operate the Website from the United States. We provide this Website for use only by persons located in the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Changes; Additional Terms and Conditions:  All information posted on the Website is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.  Changes will not apply to Products previously purchased.  In order to participate in certain Website services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms and Conditions.

11. Indemnification:  You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs (“Losses”), arising from, or related to (i) your use of the Website and any Your Content (as defined in the Terms of Sale) uploaded by you through the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law or the rights of a third party; and (iv) any defamatory or infringing content uploaded to the Website by you or incorporated into any Products at your request.  This indemnity obligation shall survive your use and/or access of the Website. 

Company shall indemnify, defend, and hold harmless you from and against any and all third party Losses arising from any actual infringement of a third party’s United States intellectual property rights by any Products you purchase (excluding, in each case, any portions of such Products uploaded by you or incorporated into any Products at your request).

12. Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

13. Waiver; Remedies:  The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

14. Governing Law; Dispute Resolution; Arbitration:   Any dispute relating in any way to your visit to, or use of, the Website, to the Products, or to your relationship to Company (“Claims”) shall be exclusively submitted to confidential and binding arbitration in New York, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or Company. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties. 

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL. 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

15. Privacy Policy:  Use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference.

16. Product Bulletins: Please carefully review the Product Bulletins found on our website, which are incorporated herein by reference. You are responsible for reading the Product Bulletins for each Product, which include important Product information and specifications (including warranties provided by 3M).

17. Additional Terms for Users of Apple and Google Devices. If you have downloaded the Website via an Apple or Google store, including the iTunes Store or Google Play, the following shall apply: You acknowledge and agree that these Terms and Conditions are solely between you and Company, not Apple or Google, and that neither Apple nor Google has any responsibility for the Website or Products. Your use of the Website must comply with Apple and Google’s store terms and conditions, including Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html and Google’s Google Play Terms of Service, located at https://play.google.com/intl/en-us_us/about/play-terms/index.html. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Website or Products. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the Website or Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Company as provider of the Website. You acknowledge that Apple and Google are not responsible for addressing any claims of you or any third party relating to the Website or Products or your possession and/or use of the Website or Products, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes or Google Play-sourced software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to Company as provider of the Website. You acknowledge that, in the event of any third party claim that the Website or your possession and use of the Website infringes that third party’s intellectual property rights, Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You and Company acknowledge and agree that Apple and Google and its and their subsidiaries, are third party beneficiaries of these Terms and Conditions as relates to your license of the Website, and that, upon your acceptance of these Terms and Conditions, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your use of the Website against you as a third party beneficiary thereof.  You represent that you are not 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 you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Questions: Should you have any questions regarding these Terms and Conditions you may contact us at support@safescholars.com.betasites.soundst.com.

II. TERMS OF SALE

Certain products (the “Products”) will be made available to you by Mianus Products LLC (“Company”, “we”, “our” or “us”) through https://www.safescholars.com.betasites.soundst.com (the “Website”).  By purchasing any Products through the Website, you signify that you have read, understand and agree to be bound by these Terms of Sale and Return Policy in effect at the time of purchase (“Purchase Terms”).  These Purchase Terms are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Website. Therefore, you should review these Purchase Terms prior to each purchase so you will understand the terms applicable to such transaction. These Purchase Terms are subject to, and incorporated by reference into, the Company Terms and Conditions. If you do not agree to these Purchase Terms, do not make any purchases on the Website.

Your Content:  Products may be customized with your information, content, instructions and graphics that you upload through the Website (“Your Content”).  You are solely responsible for Your Content, including but not limited to, obtaining all rights, permissions and licenses to upload Your Content, permit Company to use Your Content and display Your Content on the Products.  Your hereby grant us a license to store, reproduce, modify and otherwise use Your Content for the sole purpose of creating Products and managing your account. Your Content may not violate the intellectual property or other rights of any person; be vulgar or otherwise offensive; be dangerous or illegal; violate CDC or other applicable guidelines; or violate any applicable law, rule or regulation.  We may reject Your Content for any reason in our sole discretion.  We are under no obligation to produce Products if there are any issues with Your Content.

Purchases via the Site:  You agree to pay Company all charges at the prices then in effect for the products you or other persons using your account or payment method may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. Posted prices may not include sales tax or shipping costs, which may be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Products purchased or otherwise provided through the Website, including samples and gift items, are for personal or individual commercial use only and are not for resale. All purchases are subject to Company policies and procedures relating to shipping, delivery, returns and exchanges, as set forth in these Purchase Terms or on the Website. You agree that by placing an order on the Website, you are entering into a binding contract with Company and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Purchase Qualifications; Account Security:  To make a purchase on the Website, you must comply with these Purchase Terms. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. We reserve the right to refuse or cancel orders or terminate accounts, at any time at our sole discretion.

Payment Method and Terms:  By submitting an order through the Website, you authorize our designated third party payment processor Stripe to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.

Product Descriptions, and Availability: The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete. Company continually upgrades and revises its products to provide you with new products. Company may revise, discontinue or modify products at any time without prior notice to customers, and products may become unavailable without notice. Company shall have no liability of any kind if a product that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item is unavailable or Company may cancel the order.

Corrections:  We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any Product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.

Risk of loss: The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Purchase Terms.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Exclusive Remedies:  Your sole and exclusive remedies for any Products purchased are set forth in the Return Policy herein.

III. RETURN POLICY

All purchases of Products are non-returnable and non-refundable, except as set forth below.  If you have questions about Products or would like to request Product samples before ordering to further understand characteristics such as Product durability, or adhesive capabilities to specific surfaces, please send an email to support@safescholars,com.

You may request a refund or exchange for any purchased Product within 30 days of the date of such purchase if your Product was damaged in transit or is exhibits a printing defect

To make any of the above requests, please send an email to support@safescholars.com.betasites.soundst.com with the following information:

• The order number and the Product for which you would like a refund or exchange
• A description of your concern or complaint;
• A photo of packing slip inside box;
• A photo of damaged or defective  item outside of box if it has been removed from the box;
• A photo of damaged or defective item inside the box (showing how the product arrived, including with packing material);
• A photo of packaging separately, outside of box;
• A photo of shipping label clearly showing all information including shipper and recipient information, and tracking number;
• A photo of Box Manufacturer’s Certificate (if applicable); and
• Photos showing all six sides of the box

Upon receipt of your request, Company will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you and used as intended. If Company determines that the Product was damaged or defective, you will be required to ship the package (box) with packing materials and product to the return address provided by Company, using the same carrier which originally delivered the Product. Company will not reimburse return shipping charges, but will generate a shipping label if the customer provides package dimensions, weight, and the package drop-off location they intend to use.

Requests for refunds and exchanges will be reviewed and determined on a case by case basis. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product.