1. Description of Site
PhoneGuard currently provides users with access to online resources, including information
regarding PhoneGuard products, support services and a system for purchasing PhoneGuard
products. PhoneGuard maintains the PhoneGuard Site for your personal information
and education. Please feel free to browse the PhoneGuard Site.
2. Restrictions on Use
The content contained on the PhoneGuard Site, such as text, graphical images, pictures,
diagrams and video materials are protected by copyright, trademark and other such
laws in the United States and foreign countries, and is owned or controlled by PhoneGuard
or by third parties that have licensed their content to PhoneGuard. Unauthorized
use of such content may violate copyright, trademark, and other laws. You may not
publicly display, sell, rent, decompile, reverse engineer, disassemble, distribute,
broadcast, transmit, modify, reuse, repost, use, or create derivative works based
on the content of the PhoneGuard Site in whole or in part for any purpose, without
written permission from PhoneGuard or the owner of such content in each instance.
3. Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the PhoneGuard Site, including contests, promotions
or other similar features, all of which terms are made a part of these Terms of
Use by this reference. You agree to abide by such other terms and conditions, including
where applicable representing that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between these Terms of Use and
the terms posted for or applicable to a specific portion of the PhoneGuard Site
or for any service offered on or through the PhoneGuard Site, the latter terms shall
control with respect to your use of that portion of the PhoneGuard Site or the specific
service.
PhoneGuard's obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on this
PhoneGuard Site should be construed to alter such agreements.
We may make changes to the performance or pricing of the products described on the
PhoneGuard Site at any time without notice and we do not commit to updating or continuing
to provide information on any subject or product. PhoneGuard reserves the right
to refuse to accept or to cancel orders placed for products or services listed at
an incorrect price, due to typographical or other error, whether or not the order
has been confirmed or your credit card has been charged.
4. Software
All of the software, including without limitation any files, images incorporated
in or generated by the software, and data accompanying the software (collectively,
the "Software"), that is purchased or downloaded from PhoneGuard or any of its affiliates,
vendors or other third parties is being licensed to you by us or our third-party
licensors for your personal, noncommercial use only. This license is non-exclusive
and non-transferable. This license does not grant you any rights to obtaining future
upgrades, updates or supplements to the Software. We do not transfer title to the
Software to you. You may not distribute or otherwise exploit the Software or decompile,
reverse engineer, disassemble or otherwise reduce the Software to a human-readable
form.
5. Accounts
Some services on the PhoneGuard Site may permit or require you to create an account
to participate or to secure additional benefits. You agree to provide, maintain
and update true, accurate, current and complete information about yourself as prompted
by our registration processes. You agree not to impersonate any person or entity
or misrepresent your identity or affiliation with any person or entity, including
using another person's username, password or other account information, or another
person's name, likeness, voice, image or photograph. You also agree to notify us
promptly of any unauthorized use of your username, password, other account information,
or any other breach of security that you become aware of involving or relating to
any PhoneGuard Site.
We may suspend or terminate your account and your ability to use any PhoneGuard
Site or our services, Software or other products (or any portion thereof) for failure
to comply with these Terms of Use or any other special terms related thereto.
6. Links
Some links on the PhoneGuard Site may permit you to leave the PhoneGuard Site and
access information provided on other sites not under the control of PhoneGuard.
PhoneGuard has not reviewed any or all of the sites linked to the PhoneGuard Site
and is not responsible for the content of any linked site or any other sites linked
to the PhoneGuard Site. Your linking to the PhoneGuard Site or other sites is at
your own risk. PhoneGuard shall not be liable for any loss or damage of any sort
incurred as the resort of any such dealings or the result of the presence of such
advertisers on the PhoneGuard Site. PhoneGuard provides links to you as a convenience
and does not imply the recommendation or endorsement of the linked information or
company.
7. User Conduct
You are prohibited from violating or attempting to violate the security of the PhoneGuard
Site, including, without limitation, (a) accessing data not intended for you or
logging into a server or account which you are not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization, (c) attempting to interfere
with service to any user, host or network, including, without limitation, by submitting
a virus to the PhoneGuard Site, overloading, "flooding," "spamming," "mailbombing"
or "crashing," (d) sending unsolicited e-mail, spamming or to transmitting chain
letters, junk email or bulk communications, including promotions and/or advertising
of products or services, or (e) forging any PhoneGuard header or any part of the
header information in any e-mail or newsgroup posting, including pretending to be
someone else or spoofing their identity.
8. Disclaimer
THE PHONEGUARD SITE AND OUR SERVICES, SOFTWARE AND OTHER PRODUCTS ARE PROVIDED ON
AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS AND YOUR USE OF THE PHONEGUARD
SITE AND OUR SERVICES, SOFTWARE AND OTHER PRODUCTS IS AT YOUR SOLE RISK.
The information and materials provided on (or downloaded from) the PhoneGuard Site
may include technical inaccuracies, typographical errors or software bugs. Some
information is dated and may not be accurate at a later date. We do not warrant
the accuracy or completeness of the information, text, graphics, links or other
items on (or downloaded from) the PhoneGuard Site.
9. Disclaimer of Warranties
PHONEGUARD, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND RELATING TO THE PHONEGUARD SITE AND OUR SERVICES, SOFTWARE AND OTHER
PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS,
IMPLIED OR STATUTORY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER OR EXCLUSION MAY NOT APPLY TO YOU,
IN WHICH CASE SUCH DISCLAIMER OR EXCLUSION APPLIES TO THE FULLEST EXTENT ALLOWABLE
UNDER THE APPLICABLE LAW.
PHONEGUARD DOES NOT WARRANT THAT THE PHONEGUARD SITE OR OUR SERVICES, SOFTWARE OR
OTHER PRODUCTS WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL ITEMS. IF YOUR USE OF THE PHONEGUARD SITE OR OUR SERVICES, SOFTWARE OR OTHER
PRODUCTS RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR PROPERTY,
PHONEGUARD WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
10. Limitation of Liability
IN NO EVENT SHALL PHONEGUARD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES,
OR DEATH) ARISING OUT OF OR IN CONNECTION WITH YOUR USE (OR INABILITY TO USE) THE
PHONEGUARD SITE OR OUR SERVICES, SOFTWARE OR OTHER PRODUCTS WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHONEGUARD IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF PHONEGUARD SHALL BE
LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR THE SOFTWARE. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION
OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
11. PhoneGuard Affiliated Parties
You hereby agree not to bring any claim personally against any of PhoneGuard's directors,
officers, employees, contractors, agents, licensors, shareholders or affiliates
(the "PhoneGuard Affiliated Parties") in connection with your use of the PhoneGuard
Site, or our services, Software or other products. In addition, you also hereby
acknowledge that the disclaimers and limitations of liability set forth above in
these terms of use also apply to the PhoneGuard Affiliated Parties and will protect
the PhoneGuard Affiliated Parties against any and all such claims or liabilities.
12. Indemnity
You hereby agree to defend, indemnify and hold harmless PhoneGuard and the Phone
Guard Affiliated Parties from and against any and all claims, actions, or demands
(including reasonable attorneys' fees) made by any third party due to or arising
out of your use of the PhoneGuard Site or our services, Software, or other products.
13. Use of Information by PhoneGuard
Any suggestions, feedback, communication or similar information you transmit to
the PhoneGuard Site by electronic mail or otherwise, including any data, questions,
comments, suggestions or the like is, and will be treated as non-confidential and
nonproprietary. Such information shall be deemed to be provided without any restrictions
on use such that PhoneGuard or its affiliates shall have no obligation of any kind
with respect to such information and shall be free to reproduce, use, disclose,
and distribute the information to others without limitation. Furthermore, PhoneGuard
is free to use any ideas, concepts, know-how, or techniques contained in such feedback,
suggestions or communication and the like for any purpose whatsoever including,
but not limited to, developing, manufacturing and marketing products or services
using such information. By using the PhoneGuard Site, you consent to the collection,
use and sharing of this information in accordance with this paragraph
14. Termination
PhoneGuard reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the PhoneGuard Site and our services, Software, and
other products, together with any licenses granted therewith with or without notice
for any reason or no reason whatsoever. You agree that PhoneGuard shall not be liable
to you or any third party for any modification, suspension or discontinuance of
the PhoneGuard Site or our services, Software, or other products.
15. General Information
a. Entire Agreement. These Terms of use
and any other documents incorporated by reference constitute the entire agreement
and understanding between you and PhoneGuard with respect to the subject matter
of these terms of Use, and replace any and all prior written or verbal agreements.
If any portion of these Terms of Use are held to be unenforceable, the unenforceable
portion shall be construed in accordance with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remainder of the provisions
shall remain in full force and effect. PhoneGuard does not waive any provision or
right if it fails to insist upon or enforce strict performance of any provision
of these Terms of Use. Neither the course of conduct between you and PhoneGuard
nor trade practice shall act to modify any provision of this Agreement.
b. Protection of PhoneGuard's Marks. All
websites, corporate names, service marks, trademarks, trade names, logos, and domain
names (collectively "marks") of PhoneGuard are and shall remain the exclusive property
of PhoneGuard. Nothing in these Terms of Use shall grant you the right or license
to use any of the marks.
c. Export Laws. You expressly agree to
comply with all applicable export and re-export laws, including, but not limited
to, the Export Administration Act, the Arms Export Control Act, and their implementing
regulations. You further expressly agree not to use the PhoneGuard Site, including,
without limitation, downloading Software, in any way that violates any provision
of such laws or their implementing regulations.
d. Binding Effect. These Terms of use
shall be binding upon, and inure to the benefit of, our and your successors, heirs
and permitted assigns.
e. Binding Arbitration. You agree that
any dispute or controversy arising out of or relating to any interpretation, construction,
performance or breach of this Agreement, shall be settled by binding arbitration
to be held in West Palm Beach, Florida in accordance with the rules then in effect
of the American Arbitration Association. The arbitrator may grant injunctions or
other relief in such dispute or controversy. The decision of the arbitrator shall
be final, conclusive and binding on the parties to the arbitration. Judgment may
be entered on the arbitrator's decision in any court having jurisdiction. You shall
be responsible for paying for your own counsel fees and expenses. Notwithstanding
the foregoing, PhoneGuard may apply to any court of competent jurisdiction for a
temporary restraining order, preliminary injunction, or other interim or conservatory
relief, as necessary, without breach of this paragraph and without any abridgement
of the powers of the arbitrator.
f. Governing Law. These Terms of Use shall
be governed by and construed in accordance with the domestic laws of the State of
Florida without giving effect to any choice or conflict of law provision or rule
(whether of the State of Florida or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of Florida.
g. Additional Documents. You hereby agree
to execute such additional instruments as may be reasonably required by PhoneGuard's
counsel in order to carry out the purpose and intent of these Terms of Use and to
fulfill your obligations hereunder.
h. Severability. If any provision of these
Terms of Use are deemed to be invalid or unenforceable or is prohibited by the laws
of the state or jurisdiction where it is to be performed, these Terms of Use shall
be considered divisible as to such provision and such provision shall be inoperative
in such state or jurisdiction and shall not be part of the consideration moving
from either of the parties to the other. The remaining provisions of these Terms
of Use shall be valid and binding and of like effect as though such provisions were
not included.
i. Section and Paragraph Headings. The
section and paragraph headings in these Terms of Use are for reference purposes
only and shall not affect the meaning or interpretation of these Terms of Use.