SafeKidZone

Payment

You agree to pay all fees charged to your wireless account for SafeKidZone. You will be charged such fees each month, even if you do not use SafeKidZone. SAFEKIDZONE reserves the right to change the fees for SafeKidZone at any time, upon prior notice to you. If you fail to pay the charges for SafeKidZone when due, SAFEKIDZONE reserves the right to pursue any and all legal remedies to collect the amounts owed by you.

SafeKidZone Registration, Activation, And Password Security

By activating SafeKidZone service, You acknowledge and agree that information concerning the location of Your device(s) may be disclosed to others as part of the service, and You further, agree to notify any users of Your device(s) concerning this disclosure of location information. You may modify certain aspects of SafeKidZone, including when a user can be located and by whom via the options provided in the Location Privacy Settings which can be accessed by:

a. Log into My Account by going to www.SafeKidZone.com. If you haven’t already set up an account, you can do so at this time.

b. Once in My Account, select My Profile and then go to the Location Privacy Settings tab.

When You register for SafeKidZone, You will be asked to provide a password, and by providing such, you agree to be responsible for all activities occurring under your account. You will also be responsible for keeping Your password secure. Keep Your account password confidential, do not use others’ accounts and do not let others use Your account. You are responsible for anything that happens through Your account – until You notify us of a breach by calling Customer Care, close down Your account or prove that Your account security was compromised due to a fault of our systems.

You may use SafeKidZone to request the best available location for the requested device. When You initialize SafeKidZone for a device included on your account, SafeKidZone will notify the user of the device via SMS text message that the device may be located by You. Thereafter, SafeKidZone may send notices to such device informing the user that the device may be located.

Privacy and Consent To Data Collection

You expressly agree that You have no expectation of privacy when using SafeKidZone as it relates to Your location. You authorize SAFEKIDZONE, to collect, use, and disclose geographic location and other personal information (including Your name, address, telephone number, account number, equipment identifiers, and Internet Protocol addresses) necessary to enable delivery of the SafeKidZone service, which may include relevant advertising functions that are incidental and necessary to such delivery (e.g., invoicing). Your location information will be stored only as long as necessary to provide the SAFEKIDZONE SafeKidZone service. The collection, use and disclosure of personal information under this Agreement is governed by SAFEKIDZONE’s privacy policy.

Safe and Lawful Use of SafeKidZone

You agree not to use or permit others to use SafeKidZone while driving a motor vehicle. You agree to use SafeKidZone or the location information provided thereby only for lawful purposes, and You agree to comply with all applicable laws and rules and any additional terms that SAFEKIDZONE may incorporate into this Agreement. You agree that You will not misuse the SafeKidZone service. You will be responsible for any costs incurred by SAFEKIDZONE or any other party (including attorneys fees) as a result of your misuse or fraudulent use of SafeKidZone.

Misuse or fraudulent use includes, but is not limited to,

- Using SafeKidZone in such a manner so as to interfere unreasonably with the use of SafeKidZone by one or more other users or wireless customers or to interfere unreasonably with SAFEKIDZONE’s ability to provide SafeKidZone;

- Subscription fraud or unauthorized access;

- Using SafeKidZone to defame, harass, stalk, threaten or otherwise violate the legal rights of others.

- Using SafeKidZone to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;

- Using SafeKidZone without permission on a stolen or lost device;

- Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;

- Tampering with or making an unauthorized connection to the network;

- Reselling or re-billing the Services provided to you to any other individual or entity.

Limitation of Service

You acknowledge and agree that SafeKidZone provides an approximate location of the requested handset and does not provide guaranteed results. In order for SafeKidZone to work, the wireless device on which the service is located must be turned on, charged and located within your cell phone providers coverage area, among other factors. Accuracy of the location information obtained via SafeKidZone is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, you acknowledge the results You may obtain from SafeKidZone, including but not limited to crime data, sex offender data,, maps, and requested locations or messaging, may not be accurate, timely or reliable. SAFEKIDZONE reserves the right to set limits on the use of SafeKidZone at its discretion.

Suspension and Termination

Without prejudice to any other rights, SAFEKIDZONE reserves the right to suspend and/or terminate Your access to SafeKidZone at any time for any or no reason and without notice to You. You may terminate SafeKidZone at any time by notifying SAFEKIDZONE via Your wireless device, SafeKidZone Account online access, a phone call to SAFEKIDZONE or any other method specified by SAFEKIDZONE. Any such cancellation by You shall become effective upon SAFEKIDZONE’s receipt of your notice.

Upon any termination of SafeKidZone, SAFEKIDZONE shall have no liability to You or any further obligations under this Agreement.

Ownership

SafeKidZone, including any data, materials, technology, software or other materials that comprise it, is protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to such are owned by and will remain the exclusive property of SAFEKIDZONE, its licensors and/or suppliers. All rights not expressly granted herein are reserved.

Grant of License

Provided You comply with all terms and conditions of this Agreement, You are granted a revocable, limited, non-transferable and non-exclusive license to install and use the software necessary to access and use SafeKidZone on Your mobile device, such as mobile phones, personal digital assistants or other digital electronic devices. You agree that SafeKidZone is made available solely for your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by SAFEKIDZONE, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from SafeKidZone. All rights in the SafeKidZone not expressly granted under this Agreement are reserved to SAFEKIDZONE.

Restrictions

You may not: (a) use SafeKidZone in a manner inconsistent with or in violation of this Agreement; (b) reverse engineer, decompile, or disassemble any software program underlying the SafeKidZone service (“Program”), in whole or part; except as expressly permitted by mandatory law; (d) remove or alter any copyright notices, proprietary information notices or restricted rights notices on any maps or other information provided as part of SafeKidZone; (e) modify, translate, adapt, arrange, or create derivative works based on the Programs, in whole or part, for any purpose; (f) export the technology underlying the Programs in violation of applicable export control laws; (g) attempt to or actually override any security component of or related to SafeKidZone; (h) interfere with, overload, “flood,” “crash” or disrupt SafeKidZone, which may include but is in no way limited to, submitting, in any manner (i.e. manual or automated), an unreasonable number of location requests.

Representations and Warranties

You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users who have access to SafeKidZone. You also represent and warrant that Your use of SafeKidZone will be solely for Your personal and lawful use and for no other purpose.

DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, SAFEKIDZONE provides to You SafeKidZone AS IS AND WITH ALL FAULTS; SAFEKIDZONE/ITS SUPPLIERS DO NOT WARRANTY UNINTERRUPTED USE OR OPERATION OF SafeKidZone OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. SAFEKIDZONE/ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WRITTEN, ORAL, CONTRACTUAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. SAFEKIDZONE/ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY DATA OBTAINED THROUGH SafeKidZone.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SAFEKIDZONE/ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SafeKidZone OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF SAFEKIDZONE/ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SAFEKIDZONE/ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SafeKidZone SERVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification

As a condition of Your use of SafeKidZone and with respect to third-party claims, You agree to indemnify, defend, and hold harmless SAFEKIDZONE, its parent, affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) of any kind arising from Your use of SafeKidZone or related software, or from or attributable to any breach by You of Your obligations established herein or any privacy, employee, or consumer protection right that is implicated herein and by SafeKidZone. All indemnification duties shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of your customer relationship with SAFEKIDZONE. SAFEKIDZONE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.

Notices

By using SafeKidZone, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with SafeKidZone (collectively, “Notices”) in electronic format. SAFEKIDZONE may provide such Notices by posting them on SAFEKIDZONE’s website, by sending a free text message to your wireless device, or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of SafeKidZone.

Miscellaneous

This Agreement, including any addendum or amendment to this Agreement, are the entire agreement between You and SAFEKIDZONE relating to SafeKidZone and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to SAFEKIDZONE or any other subject matter covered by this Agreement. To the extent the terms of any other SAFEKIDZONE agreements conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of SAFEKIDZONE to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program, SafeKidZone, support services or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action.

International Use

Although this website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.

Governing Law

The laws of the state of Delaware, USA, will apply to all matters relating to these Terms of Service, the use of this website and/or services provided through this website, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the State of Delaware.