Terms of Use

Last Modified: March 21, 2007

AGREEMENT BETWEEN YOU AND EAGENCY

Read this Agreement carefully. If you have any questions, please contact support@eagency.com.

This Site and the RADAR® software are owned and operated by eAgency, Inc., a Delaware corporation ("EAGENCY"). These Terms of Use constitute a legal agreement between you and EAGENCY. For convenience, the web site, its content, and the services available as part of the Site will be referred to as the “Site.” In order to receive the RADAR software and complete the registration process, you must accept these Terms of Use and the RADAR Software End User License Agreement (“License Agreement”) without exception, deletion or alteration. Moreover, use of this Site and/or RADAR indicates your acceptance of the Terms of Use and the License Agreement. You must be at least 18 years old and have the legal capacity to enter into this agreement and carry out its terms. If you do not accept these Terms of Use in entirety, you are not authorized to access or use the Site.

1. NO UNLAWFUL OR PROHIBITED USE
2. USE OF CONTENT
3. REGISTRATION
4. COMMUNITY FORUMS
5. SUBSCRIPTION SERVICES AND SITE TRANSACTIONS
6. PRIVACY POLICY
7. CONFIDENTIALITY
8. THIRD PARTY BENEFICIARIES
9. EXPORT
10. NO WARRANTIES, EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
11. LINKS/ADVERTISING
12. MODIFICATION TO THESE TERMS
13. RESTRICTED RIGHTS
14. COMPETITIONS AND PRIZES
15. GOVERNING LAW
16. GENERAL

1. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the Site in any manner that could damage, disable, overburden, impair, or interfere with the Site or any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any other user’s account, computer systems or networks associated with the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Except as set out below, EAGENCY 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.

Services and associated software ("Subscription Services") are available to you on a paid-for subscription basis as identified on the Site for your personal, non-commercial use. Payment for use of Subscription Services are set out in Section 5 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.

There is no specific time limit applying to your access and use of the Site under these Terms of Use. EAGENCY reserves the right to suspend or terminate your access and use of the Site at any time, in its sole discretion and may exercise this right with or without notice. Any such notice will be given, if at all, to your last known e-mail address.

2. USE OF CONTENT

The content on the Site is created by EAGENCY 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 obtained from its owner. In particular, "eAgency" and “RADAR” are trademarks of EAGENCY and you may not use such marks without EAGENCY’s prior written permission.

Requests to republish or redistribute Content should be addressed to support@eagency.com.

Prohibited activities include but are not limited to:

Redistributing the Site 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, you must email support@eagency.com to obtain express permission in order to do so. Below are some, but not all, of the required conditions to link to this Site:

Display the "eAgency" or “RADAR” logo, as applicable.
Do not remove, distort or otherwise alter the size or appearance of the logo.
You may link to, but not replicate, the Content.
Do not create a frame or any other browser or border environment around the content.
Do not in any way imply that EAGENCY is endorsing such third party’s products or services.
Do not misrepresent its relationship with EAGENCY.
Do not present false information about EAGENCY.
The site 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.

EAGENCY 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.

3. REGISTRATION

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 support@eagency.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 without first obtaining written permission from eAgency. All monitoring products are intended for use on a computer or mobile phone that you own. If the person you want to monitor is 18 or older, you must tell them they are being monitored to comply with law. Please check all laws before use. Monitoring products are intended for use by a parent/legal guardian to monitor and report the cell phone use of their child/ward.

You are responsible for all use relating to the Site made by you or any permitted third party using your user name and password, 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 support@eagency.com. EAGENCY is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

You may not use the email service on the Site to send, or use any material which is unlawful, threatening, abusive, libelous or indecent; infringes copyright or other rights of third parties or which contains any other form of illegal content; or for the purpose of sending any chain emails or "spam."

If you at any time provide an email address that will result in email from EAGENCY 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. EAGENCY may refrain from sending you any email to such address without notifying you, even if you have subscribed to receive them, if EAGENCY receives a request from your employer, educational institution, or other third party to stop sending email to that address.

4. COMMUNITY FORUMS

The Site may contain message board services, chat areas, forums, communities or other message and communication features designed to enable you to communicate with others (collectively, "Community Forums"). You agree to use the Community Forums only to post, send and receive messages and material that are appropriate under the circumstances. By way of example, and not as a limitation, you agree that when using a Community Forum, you will not:

Use the Virtual Office Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including but not limited to rights of privacy and publicity) of others.
Publish, post, upload, distribute, link to or otherwise disseminate or offer to do the same (hereinafter “Post”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any commercial purpose.
Download any file posted by another user of a Community Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Community Forum.
Violate any code of conduct or other guidelines applicable to any particular Community Forum.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false persona or identity for the purpose of misleading another or others.
Use, download, copy or otherwise duplicate, or provide (whether or not for a fee) to any third person or entity any directory of users of the Site or other user or usage information or any portion thereof.

EAGENCY has no obligation to monitor the Community Forum, but reserves the right to review information and materials posted to a Community Forum and may remove any information and materials in its sole discretion. EAGENCY reserves the right to terminate your access to any or all of the Community Forums at any time, without notice.

EAGENCY reserves the right to disclose any information, including your information or information otherwise relating to you, as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

EAGENCY does not control or endorse the content, Messages (defined below) or information found in any Community Forum and expressly disclaims all liability, except as stated herein, relating to the Community Forum and any actions resulting from your participation in any Community Forum.

Materials and information uploaded to a Community Forum may be subject to posted limitations on usage, reproduction and/or dissemination, and you acknowledge your full responsibility for adhering to such limitations.

5. SUBSCRIPTION SERVICES AND SITE TRANSACTIONS

Subscription Services 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 EAGENCY (or its designated agent) does not receive payments when due, EAGENCY may immediately suspend your use of Subscription Services. You are responsible for the payment of all charges associated with the use of the Site affected by the use of your ID.

EAGENCY reserves the right, at its sole discretion, to terminate your use of the Site at any time if you, or another party acting 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 associated software for Subscription Services, in your possession or control.

There may be instances where you may be able to use the Site to use or 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 EAGENCY.

6. PRIVACY POLICY

The information that you provide about yourself to EAGENCY will only be used in accordance with its Privacy Policy Statement available at the following website: www.mymobilewatchdog.com. EAGENCY’s Privacy Policy does not apply to Third Party Sites (defined below).

7. CONFIDENTIALITY

You acknowledge that content, including but not limited to data, text, analyses, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of your use of the Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless you are expressly authorized to do so by EAGENCY, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Site. You may not use the Site to solicit business for any competitive company or service.

8. THIRD PARTY BENEFICIARIES

Persons and entities, which have licensed software to EAGENCY for inclusion in the Site, are third party beneficiaries to this Agreement as it applies to their respective software. You agree that EAGENCY 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.

9. EXPORT

You may not use the Site to violate any applicable law restricting the export or import of data, software or any other content.

10. NO WARRANTIES, EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY

THE RADAR SERVICES AND ASSOCIATED SOFTWARE ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EAGENCY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND THE SITE, WHICH ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT WITH RESPECT TO THE SOFTWARE, EAGENCY 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, WARRANTY AGAINST INFRINGEMENT, OWNERSHIP, EXPRESS OR STATUTORY WARRANTIES, AND WARRANTIES REGARDING ACCURACY, COMPLETENESS, AND QUALITY. EAGENCY MAKES NO WARRANTY THAT THE SITE, SOFTWARE, OR SERVICES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

NO INCIDENTAL OR CONSEQUENTIAL DAMAGES

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT EAGENCY, AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, 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 EAGENCY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO USE OR INABILITY TO USE THE RADAR SOFTWARE EXCEED THE LICENSE FEE PAID BY YOU TO EAGENCY FOR USE OF THE SUBSCRIPTION 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 EAGENCY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to indemnify, hold harmless and defend eAgency 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.

11. LINKS/ADVERTISING

The Site may contain links to other sites provided by third parties ("Third Party Sites"). EAGENCY is providing you links to Third Party Sites only as a convenience, and the inclusion of any link does not imply endorsement by EAGENCY of the site or any association with its operators. EAGENCY 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 such sites, resources, content or any transaction relating to goods or services available from such Third Party Sites.

Part of the Site may also 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. EAGENCY is not liable for any violation of law, error or inaccuracy in advertising material of such advertisers and sponsors.

12. MODIFICATION TO THESE TERMS

EAGENCY reserves the right, to at any time alter or modify the Site or any portion thereof. Further, EAGENCY may wish to amend these Terms (including those relating to your use of the Site) and you understand that you are responsible for regularly reviewing these Terms of Use. Continued access to or use of the Site following any modification shall constitute your consent to the Terms. Unless explicitly stated otherwise, any changes to the Site by EAGENCY shall be subject to these Terms of Use, as modified from time to time. If you do not agree to be bound by subsequent amendments to these Terms, you agree not to use the Site following any such amendment or notice thereto.

13. RESTRICTED RIGHTS

Any Software which is downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

14. COMPETITIONS AND PRIZES

From time to time EAGENCY 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.

15. GOVERNING LAW

This Agreement and any disputes arising under it shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws principles. You expressly agree that the rights and obligations of each will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. Any controversy, claim or dispute arising out of or relating to these Terms of Use, shall be determined by the state or federal courts, located in Orange County, California.

16. GENERAL

You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.

This Agreement is the entire agreement between you and EAGENCY with respect to the subject matter hereof. Any understanding, arrangement, representation or provision not expressly set out herein is not binding. 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.

eAgency, Inc., is a Delaware corporation, with its offices located at 6 Upper Newport Plaza, Newport Beach, CA USA 92660. Questions regarding these Terms of Use may be submitted in writing to: eAgency, Inc., 6 Upper Newport Plaza, Newport Beach, California 92660 U.S.A, or by email to: support@eagency.com.