If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, do not use the Website or the Service.
Please review this Agreement carefully, including the Arbitration provision in Section 17, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement.
1. Binding Agreement
- This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Website and the Service and to become a Subscriber. For purposes of this Agreement, the term "Subscriber" means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free member or a paying subscriber. This Agreement may be modified by remotewebguard.com in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Service after the posting of modifications to this Agreement will constitute your acceptance of such revisions.
- You must be at least eighteen years old to register as a Subscriber or use the Website or Service. Subscription to the Service is void where prohibited. By using the Website and Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- You will only use the Website and Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Website and the Service are void where prohibited. You are responsible for determining whether the use of the Website and Service is legal in your jurisdiction.
This Agreement will remain in full force and effect while you use the Website and Service and/or are a Subscriber. You may terminate your subscription at any time, for any reason, upon receipt by Remotewebguard.com of your written or email notice of termination. Remotewebguard.com may terminate your subscription for any reason, effective upon sending notice to you at the email address you provide in your application for subscription, or such other email address as you may later provide to Remotewebguard.com. If Remotewebguard.com terminates your subscription because it believes you have breached the Agreement, you will not be entitled to any refund of unused subscription fees or unused credits.
4. Non-commercial Use by Subscribers
The Website and the Service is for personal use only. Subscribers may not use the Website or Service in connection with any commercial endeavors. Organizations, companies, agencies, and/or businesses may not become Subscribers and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website or Service, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
5. Account Security
Your Remotewebguard.com account is for your personal use only. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You acknowledge that Remotewebguard.com is not responsible for third party access to your account that results from theft or misappropriation of your username or password.
6. Risk Assumption and Precautions
- Remotewebguard.com is not responsible for the conduct, whether online or offline, of any user of the Website or Subscriber to the Service. You assume all risk when using the Website and Service, including but not limited to all of the risks associated with any online activity.
- You understand that Remotewebguard.com is a tool for assisting in controlling usage of the internet, but that Remotewebguard.com makes no guarantees, either express or implied, regarding your usage of the internet when subscribed to the Service or your ability to control such usage.
7. Proprietary Rights
Remotewebguard.com owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Remotewebguard.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. Acceptable Use
- You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- Remotewebguard.com reserves the right, but has no obligation, to monitor your use of the Website or the Service.
- You are prohibited from violating or attempting to violate the security of the Website or Service, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
- As one of the conditions of your use of the Website and the Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website and the Service for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law. It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement and to seek prior written consent from Remotewebguard.com for any uses not permitted or not expressly specified herein
9. No Harassment of Remotewebguard.com Employees.
You will not harass, annoy, intimidate, or threaten any Remotewebguard.com employees or agents engaged in providing any portion of the Service to you. If we feel that your behavior towards any of our employees is at any time threatening or offensive in any way, we reserve the right to immediately terminate your subscription and you will not be entitled to any refund of unused subscription fees.
- You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you must promptly notify Remotewebguard.com if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
- You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as US$100 per instance. You agree that you will pay any outstanding balance you have with Remotewebguard.com within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.
- In order to provide continuous service, Remotewebguard.com will automatically renew all paid subscriptions for the Service on the date such subscriptions expire. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you had selected the automatic renewal option. If you do not wish your account to renew automatically, or if you want to change or terminated your subscription, you should inform Remoterwebguard.com immediately so alternative arrangements can be made.
- Remotewebguard.com maintains a strict no-refund policy. All purchases made on the Website are final. If you choose to purchase a subscription, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining subscription. Further, you agree that no refunds will be made on any remaining or unused subscription or credits.
- You may cancel your subscription with Remotewebguard.com at any time, by sending us notice in writing. When you cancel your Remotewebguard.com subscription (or when your account is suspended for violating this Agreement or other policies), you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused subscription and credits. Further, if your cancelled Remotewebguard.com subscription is reinstated at a later date, you agree that any remaining or unused subscription and credits you have remaining at the time of your account cancellation will not be reinstated with your account.
- Credits or subscription purchased for a specific Remotewebguard.com subscription are strictly non-transferable. You agree that any remaining or unused subscription associated with an active or cancelled Remotewebguard.com subscription will not be transferred to any other subscription belonging to you or someone else.
- Remotewebguard.com reserves the right to offer free subscription to any person(s) of its choice at any given time, for any duration, while charging other subscribers, at the same time. Remotewebguard.com also reserves the right to cancel the free trial period at any time, for all or any of its Subscribers.
Remotewebguard.com does not guarantee that the Website or Service will be fully operational all the time. Subscribers may face significant service disturbances. Only in the event that the Website or Service is offline for a period of more than 72 hours will a pro-rated refund be given. Remotewebguard.com does offer technical support, but cannot guarantee that such support will be available 24/7.
12. User Information
- When you subscribe for our Service on the Website, you will be asked to provide us with certain information, including but not limited to a valid e-mail address (your "User Information"). Remotewebguard.com will maintain strict confidentiality in your User Information, except as detailed in this Agreement.
- You acknowledge and agree that Remotewebguard.com may disclose in whole or in part your User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Remotewebguard.com's, or a third party's, rights or property; or (3) protect someone's health or safety. You hereby acknowledge and agree that Remotewebguard.com is permitted to make such disclosure.
The Website may contain, and the Service may provide, links to sites that are not maintained by Remotewebguard.com. We are not responsible for the content or accuracy of those sites. The inclusion of a link does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. You further acknowledge and agree that the Remotewebguard.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
- Remotewebguard.com is not responsible for the conduct, whether online or offline, of any user of the Website or Susbcriber of the Service.
- Remotewebguard.com is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Susbcriber communications.
- Remotewebguard.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
- Under no circumstances will Remotewebguard.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, whether online or offline.
- THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Remotewebguard.com PROVIDES THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. Remotewebguard.com DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
- Remotewebguard.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
15. Limitation on Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Remotewebguard.com BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Remotewebguard.com KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Remotewebguard.com's AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID Remotewebguard.com FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Remotewebguard.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- You and Remotewebguard.com agree that any disputes arising out of or related to the Website, the Service, this Agreement and/or any policies or practices of Remotewebguard.com (a "Dispute") will be subject to FINAL AND BINDING ARBITRATION administered by the American Arbitration Association. The only exceptions to this agreement to arbitrate Disputes are matters that may be taken to small-claims court or claims of infringement or misappropriation of Remotewebguard.com's copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Remotewebguard.com may elect to have resolved by means other than arbitration. Notwithstanding the above, Remotewebguard.com is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND Remotewebguard.com AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- YOU AND Remotewebguard.com ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Remotewebguard.com agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Remotewebguard.com, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Remotewebguard.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
- This Agreement, and any Dispute between you and Remotewebguard.com, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- If you access the Website or use the Service from outside the United States, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Service. Regardless of whether you access the Website or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
You agree to defend, indemnify, and hold harmless Remotewebguard.com, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Website, the Services or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, children, or family. Remotewebguard.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Remotewebguard.com in connection therewith.
18. General Provisions
- Violation of this Agreement may cause Remotewebguard.com irreparable harm, and you therefore agree that Remotewebguard.com will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Remotewebguard.com may have for a breach of this Agreement.
- This Agreement, accepted upon use of the Website and further affirmed by becoming a Subscriber to the Service, and any applicable payment, renewal, additional Service terms, compromise the entire agreement between you and Remotewebguard.com regarding the use of the Website and/or the Service, superseding any prior agreements between you and Remotewebguard.com related to your use the Website or Service (including, but not limited to, any prior versions of this Agreement).
- Unless otherwise explicitly stated, the Agreement will survive termination of your subscription to the Service or use of the Website.
- If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- The failure of Remotewebguard.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- You agree that your online Account is non-transferable and all of your rights to your profile or contents within your Account terminate upon your death.
- No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Remotewebguard.com in any manner.
20. Special State Terms
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver to remotewebguard.com a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please include your Remotewebguard.com username and email address in any correspondence or your refund may be delayed. If you cancel, Remotewebguard.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Remotewebguard.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
21. Revision Date
This Agreement was last revised on May 28, 2015.