Last Modified: January 24, 2019
AGREEMENT BETWEEN YOU AND MY MOBILE WATCHDOG
Read this Agreement carefully. If you have any questions, please contact email@example.com.
MY MOBILE WATCHDOG, INC. DOES NOT GUARANTEE THAT THE MY MOBILE WATCHDOG SOFTWARE INSTALLED ON A MOBILE DEVICE WILL BE ABLE TO TRACK EVERY COMMUNICATION UNDER ALL CIRCUMSTANCES. MANY DIFFERENT FACTORS CAN AFFECT THE MY MOBILE WATCHDOG SERVICE, INCLUDING BUT NOT LIMITED TO DELIBERATE TAMPERING, DATA SIGNAL LOSS, TELEPHONE PROVIDER MAINTENANCE OR OUTAGES, AND DEVICE CONDITION. MY MOBILE WATCHDOG, INC. DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR REAL TIME DELIVERY OF ANY INFORMATION, INCLUDING MESSAGING ACTIVITY AND/OR ALERTING INFORMATION. MY MOBILE WATCHDOG SHOULD NOT BE USED AS A CHILD MANAGEMENT TOOL AND IS NOT A SUBSTITUTE FOR ADULT SUPERVISION.
Except as set out below, MMWD does not charge you to access the Site. Your wireless device or internet service provider may charge you for time spent accessing the Site. Contact your wireless device company or internet service provider for information regarding these charges.
Additional software material ("Premium Content") is available to you on a paid-for subscription basis. Premium Content is identified on the Site and is available to you at an additional charge. Specific provisions relating to use of Premium Content are set out in Section 4 of these Terms.
All the content on the Site may not be accessible from a wireless device and some content may only be accessible through a wireless device.
The content on the Site (the "Content") is created by MMWD and other third party sources and is protected by copyright, trademark and other intellectual property laws. Except as expressly set forth herein, you may not duplicate, reproduce, publish, or otherwise interfere with any of the intellectual property rights associated with the Content without prior written permission from its owner. In particular, MMWD has licensed from eAgency, Inc. the “My Mobile Watchdog” trademark and a family of patents including but not limited to patent numbers 7996005, 8126456, 8712396, 9324074, and other pending or continuation patents yet to be issued in the same patent family.
You may not use such marks and patents without MMWD’s prior written permission.
Requests to republish or redistribute Content should be addressed to firstname.lastname@example.org.
Prohibited activities include but are not limited to:
- Redistributing the Content (this includes use as part of any library, archive or similar service).
- Removing intellectual property notices from Content.
- Creating a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws. A web site that links to the Site:
- Must display the “My Mobile Watchdog” logo, as applicable.
- May not remove, distort or otherwise alter the size or appearance of the logo.
- May link to, but not replicate, the Content.
- Must not create a frame or any other browser or border environment around the Content.
- Must not in any way imply that MMWD is endorsing it or its products or services.
- Must not misrepresent its relationship with MMWD.
- Must not present false information about MMWD.
- Must not be a web site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations.
- Must not be a web site that contains content that could be construed as unlawful or offensive.
MMWD expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other lawful action it deems appropriate.
Upon registration, you must provide accurate, complete registration information and it is your responsibility to promptly submit updated information (including any changes to your e-mail address) by e-mailing email@example.com.
Each registration is single-user only. Upon registration, you will choose a user name and password. You may not allow any third party to share or otherwise use your user name or password unless your account is a business account and you are using the Site as an employee, independent contractor, member, or similar association of a company, organization or other third party (“Organization”) which requires or recommends that you utilize the Site in the performance of your duties for or business with such Organization, and MMWD is notified of the same. If you are using the Site relating to your association with an Organization, you agree that MMWD may, without liability to you or to any other third party, (i) freely disclose any and all data, including stored information and personal information contained therein, relating to your use of the Site with such Organization for their monitoring, input, extraction of data and transfer, and that upon MMWD’s notice that you are no longer employed, engaged, or otherwise associated with such Organization, (ii) the Organization may distribute and transfer all or a portion of such data to another employee, independent contractor, member or similarly associated party for such party’s possession and use in the performance of its duties. You agree that you shall have no claim against MMWD in any relating to such (a) disclosure of your information to the Organization you are associated with, (b) distribution and transfer of such information to such Organization, and (c) loss of data you may experience relating to your termination of an association with such Organization. You agree to contact such Organization to determine the safeguards pertaining to privacy, protection and disclosure of information.
You are responsible for all use of the Site made by you or any permitted third party using your user name and password or your wireless device, and for preventing unauthorized use of your user identification (“ID”). If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must immediately provide notification by emailing firstname.lastname@example.org. MMWD is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
If you at any time provide an email address that will result in email from MMWD being routed via a computer network operated by, or on behalf of, your employer, college, or other third party, you are warranting that you are entitled to receive email at that address. MMWD may refrain from sending you any email to such address without notifying you, even if you have subscribed to receive them, if MMWD receives a request from your employer, college, or other third party to stop sending email to that address.
Premium Content will be accessible on payment of certain charges. All payments (including any applicable taxes) must be made in funds of the United States of America. If MMWD (or its designated agent) does not receive payments when due, MMWD may immediately suspend your use of Premium Content. You are responsible for the payment of all charges associated with the use of the Site affected by the use of your ID.
MMWD reserves the right, at its sole discretion, to terminate your use of the Site at any time if you, or another party authorized to act on your behalf, breach the terms and conditions hereof. After termination, you will still be responsible for payment of all fees, charges, and obligations incurred by you hereunder. Upon termination of this Agreement, you agree to cease using the Site, remove and destroy all copies of the Site, including all forms of Content, in your possession or control.
There may be instances where you may be able to use the Site to purchase products or services from third parties. In that event, your contract for such products or services will be with such third party and not with MMWD.
In order to protect the confidential information and trade secrets of MMWD, you shall not develop, create, implement, provide, sell, rent, resell or offer to do any of the foregoing, any software which competes with the products and services offered by MMWD via the Site while you are a User and for a period of one (1) year following termination of this Agreement.
Copyright in any software that is made available for download from the Site belongs to MMWD and/or its suppliers. Your use of the software is also governed by the terms of any license agreement that accompanies the Software. Do not install or use any software unless you agree to such license agreement.
Persons and entities, which have licensed software to MMWD for inclusion in the Site, are third party beneficiaries to this Agreement as it applies to their respective software. You agree that MMWD and such third-party beneficiaries may audit your use of the Site for compliance with these Terms at any time upon notice, and such audit, if any, shall occur during normal business hours.
You represent and warrant that you are entitled under United States export laws and regulations to obtain a copy of and use the Site pursuant to the terms of this Agreement. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce, U.S. agencies and authorities, and not to directly or indirectly export, or allow the export or re-export of the Site or derivatives of the Site or any copy or any direct product thereof in violation of any such restrictions, laws or regulations, or without all required licenses and authorizations.
The Site is only for your general information and use and is not intended to address your needs on an individualized or customized basis.
NO REPRESENTATIONS OR WARRANTIES
YOU ACKNOWLEDGE THAT MMWD OBTAINS AND DISTRIBUTES DATA FROM NUMEROUS SOURCES VIA THE INTERNET AND WIRELESS DEVICES (OR OTHER PORTABLE ELECTRONIC DEVICES) AND IN ORDER TO RECEIVE SUCH DATA, YOU AGREE TO SEEK RESOLUTION AND REMEDY OF PROBLEMS AND CLAIMS RELATING TO SUCH DISTRIBTION AND DATA THEREIN FROM SUCH THIRD-PARTY PROVIDER. MMWD DOES MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER RELATING TO THE SITE OR ANY OF ITS CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE. THE SITE, INCLUDING ITS CONTENT, THE SOFTWARE, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MMWD DISCLAIMS ALL WARRANTIES OF EVERY NATURE RELATING TO THE SITE, SOFTWARE AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INFRINGEMENT, OWNERSHIP, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES REGARDING ACCURACY, COMPLETENESS, AND QUALITY. MMWD MAKES NO WARRANTY THAT THE SITE, SOFTWARE, OR SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT MMWD, AND ITS AFFILIATES, EMPLOYEES, ASSOCIATES, AGENTS, REPRESENTATIVES, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS (“REPRESENTATIVES”), ARE NOT LIABLE TO YOU AND/OR ANY AFFILIATED THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, OR LOSS OF PRIVACY) OR FOR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, SOFTWARE OR SERVICES, INCLUDING ANY USE THEREOF, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MMWD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE SUM PAID BY YOU TO MMWD FOR USE OF THE SITE, SOFTWARE, OR SERVICES IN THE MONTH IMMEDIATELY PRIOR TO SUCH DAMAGE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR RESTRICTION ON IMPLIED WARRANTIES. IN SUCH CASE, THE RESTRICTIONS ABOVE AND THE LIABILITY OF MMWD WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND MMWD AND ITS REPRESENTATIVES FROM AND AGAINST ANY CLAIM, LIABILITY OR CAUSE OF ACTION ARISING FROM OR RELATING TO ANY UNPERMITTED USE OF THE SITE, SOFTWARE OR SERVICES BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. THIS INDEMNITY WILL NOT APPLY TO ANY CLAIM TO THE EXTENT THE SITE AS DELIVERED BY MMWD TO YOU ACTUALLY INFRINGES ON AN INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY.
The Site may contain links to other Web sites provided by third parties ("Third Party Sites"). MMWD is providing you links to Third Party Sites only as a convenience, and the inclusion of any link does not imply endorsement by MMWD of the site or any association with its operators. MMWD is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction relating to goods or services available from such Third-Party Sites.
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international, federal, and state law and regulations. MMWD is not liable for any violation of law, error or inaccuracy in advertising material of such advertisers and sponsors.
From time to time MMWD may run competitions, free prize drawings, and promotions on the Site. These are subject to the applicable conditions and restrictions that will be made available at that time.
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, or portion thereof, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.