iFoxCam
 
"Research shows that more than 80% of parents select a child care provider
based on the level of quality the childcare center provides."
    iFoxCam.com

TERMS AND CONDITIONS:

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE IFOXCAM MONITORING SERVICE AND USE OF THE IFOXCAM PARENT MONITORING WEBSITE.

This Agreement governs your use of the iFox parent viewing service ("Service") accessible via its website located at iFoxCam.com. If you do not agree to these terms and conditions, you may not use the service and must terminate your service immediately.

ACCEPTANCE OF OFFER:

You are deemed to have accepted this Agreement upon your clicking on "you agree" with the terms and conditions during your log-in to the website. This offer is not valid where prohibited by law.

AUTHORIZED USER

If this Agreement is entered into with an individual, the individual must represent that they reside in the United States of America and have legal authority to enter into this Agreement and are at least 18 years of age. You further agree that you have received the required Password to log-in from the child care facility and have the facility's express permission to be logged in to the site. In the event that the child care facility withdraws their permission for you to use the Service, you agree to not log-in to the site and to cease and desist from further use immediately.

You agree to protect your Login and that you are responsible for all use on your account. You may not use the Service to publish, post, distribute, or disseminate 1)another's proprietary information, without express authorization from the rights holder or 2) any defamatory, obscene or other unlawful material or information, including, but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability. Your acceptance of this Agreement and use of the Service is your affirmation that you are of legal age and that the product/Service will be used only in a lawful manner. You understand that this also means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, with or without your permission.

iFoxCam reserves the right, in its sole and absolute discretion, to terminate your service immediately and without prior notice to you. The contract to provide this service is between iFoxCam and you child care facility. In the event that service is terminated, iFoxCam has no express or implied warranty to provide you access to the Service and you agree that you have no recourse against iFoxCam

REVISIONS

We may revise the terms and conditions of this Agreement from time to time by posting such revisions to our website. You agree to visit these pages periodically to learn of and review any such revisions which will become effective upon posting unless otherwise specified. Your continued use of the Service after revisions become effective constitutes your acceptance of and agreement to the revisions. If you do not agree to the revisions, you must terminate your Service immediately.

REVISIONS

We may revise the terms and conditions of this Agreement from time to time by posting such revisions to our website. You agree to visit these pages periodically to learn of and review any such revisions which will become effective upon posting unless otherwise specified. Your continued use of the Service after revisions become effective constitutes your acceptance of and agreement to the revisions. If you do not agree to the revisions, you must terminate your Service immediately.

SERVICE AVAILABILITY; SECURITY

Service is provided on an "AS IS" basis. iFoxCam may, at any time, without notice or liability, restrict the use of the Service or limit its time availability in order to perform maintenance activities. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the images you transmit or receive over the Internet. You further Agree that your use of Service is at you sole risk and that you are solely responsible for any security procedures you deem appropriate, such as password on you modem and/or router and firewalls to protect you login information. We are not responsible in the event that any party changes the login information on you account. WE STRONGLY RECOMMEND THE USE AND APPROPRIATE UPDATING OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE. iFoxCam is not responsible for invalid destinations, transmission errors, corruption or security of your data.

WARRANTY; LIMITATION OF LIABILITY

SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITH "ALL FAULTS" AND "AS AVAILABLE" AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFOXCAM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT. IFOXCAM (AND ITS OFFICERS, DIRECTORES, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES) DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO 1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS/PERIPHERALS, INTEGRATION; 2) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE COM20,INC. SITE WILL BE UNINTERRUPTED OR ERROR-FREE; AND 3) THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUE. NO ADVICE OR INFORMATION GIVEN BY IFOXCAM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF IFOXCAM TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. IN NO EVENT SHALL IFOXCAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF IFOXCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH IFOXCAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES, ARE COLLECTIVELY RESPONSIBLE. IF YOU ARE DISSATISFIED WITH THE IFOXCAM WEB SITE AND/OR SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST IFOXCAM WITH RESPECT TO THIS AGREEMENT OR THE IFOXCAM WEBSITE/SERVICE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR SERVICE IMMEDIATELY AND DISCONTINUE USING THE IFOXCAM WEB SITE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold iFoxCam, its officers, directors, employees, parent, subsidiaries or affiliates, harmless from any and all expenses and liabilities, including reasonable attorney fees, arising out of or related to 1) a violation of any applicable laws, regulations or breach of this Agreement by you or any parties who use your account, with or without your permission, to access the Service; 2) the use of the Service or the Internet or the placement or transmission of any images, messages, information or other materials on the Internet by you or any parties who use your account, to access the Service with or without you permission; 3) negligent acts, errors, or omissions by you or any parties who use your account, with or without your permission, to access the Service. This right of indemnification shall survive the termination of this agreement.

REGULATORY COMPLIANCE

In the event there is a ruling, regulation or order issued by a judicial, legislative or regulatory body that causes iFoxCam to believe that this Agreement may be in conflict with such rules, regulations and orders, iFoxCam may terminate or modify your Service and/or this Agreement immediately without notice.

General

iFoxCam will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes or other things we do not control.

iFoxCam reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but may not be limited to, provision of account or user information.

All memberships are reoccurring until canceled.

This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and Providence Plantations. Exclusive venue for any dispute hereunder shall be in Rhode Island.