TERMS OF SERVICE


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Terms of Use

Thank you for selecting the Services provided by uKnow.com, Inc. and its affiliates, (referred to as “uKnow.com”, “we”, “our”, or “us”) on this website and related applications. This document consists of three parts: the Terms of Use of uKnow.com’s applications and websites, a Cancellation & Refund Policy, and a Privacy Policy that describes what information we collect from our users and how we may use it. Please review all parts (together the “Agreement”) thoroughly. This Agreement is a legal agreement between you and uKnow.com. By clicking “I AGREE,” indicating acceptance electronically, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Services.

Last Updated: February 4th, 2015

Scope

uKnow.com’s service allows parents to monitor their children’s Internet, mobile phone and online device usage and geographic location. This Agreement describes the terms governing your use of the uKnowKids™ services provided to you, including content, updates companion applications and new releases (collectively, the “Services”). This Agreement expressly includes
and incorporates by reference:

  • uKnow.com’s Privacy Policy
  • uKnow.com’s Cancellation & Refund Policy
  • Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
  • Overview of the Services

When you use the Services you create a profile and may elect to add account information for online services, mobile telephone and other mobile device accounts belonging to you (the “Linked Accounts”). uKnow.com will connect to the Linked Accounts and will provide you with software to install on your mobile phone(s) or other devices. When you add Linked Accounts and install the mobile device software, uKnow.com will import personal information from those accounts and devices, including a record of activities conducted on and contacts made through those accounts and devices (collectively “Account Activity”) so that you may monitor your children’s activities. The Services also include public forums where you may interact with other users of the Services and upload or publicly post information, text, images, video or other materials (collectively “Public Content”).

You are the Legal Owner of the Linked Accounts

You warrant and represent to us that you own the Linked Accounts. Specifically, although Linked Accounts may be established in the names and using credentials for your minor children, you warrant and represent to us that you are the legal owner of all Linked Accounts and you have the legal authority to connect the Linked Accounts to the Services. You agree that it is your sole responsibility to ensure that all accounts used by your children that you wish to monitor are set up as Linked Accounts. Additionally, you agree that various laws may apply to the monitoring of Linked Accounts and that it is your sole responsibility to ensure compliance with any such laws and that uKnow.com expressly disclaims any duty or obligation to do so.

As a courtesy, uKnow.com will remove your child and the associated Linked Accounts from our Service on your child’s eighteenth birthday based on the information you provide during account set up. You will be notified by email of such automated account maintenance.

Limitations of the Services

There are natural limitations to the Services, they:

  • Are designed to help you monitor your children’s Internet, online and mobile activities and identify potentially risky or troubling trends or behavior based on patterns in your children’s Internet, online and mobile usage; and
  • Are highly dependent on your efforts to ensure that all Internet, mobile, and online devices and accounts used by your children are set up Linked Accounts.

Additionally, the Services are not, and should not be presumed to be, a substitute for:

  • Active involvement by you in your children’s online and offline lives and activities; and
  • Direct, active oversight and supervision of your children and of their Internet, mobile phone, and online device usage.

Furthermore, while uKnow.com is pleased to make the Services available to you, use of the Services does not guarantee the safety of your children and we cannot assure you that by using the Services your children will be protected from online predators and other hazards. Among other things, this is:

  1. we may not have access to all accounts and devices used by your children (and your children also may use accounts and devices of friends or acquaintances to mask or hide certain activities and communications) and therefore have no way to assure you that all of their Internet, mobile, and online, activities are being monitored, even if you believe that they are;
    (
  2. sufficient data may not be available based on your children’s usage of Internet, mobile, and online devices and communications;

  3. online predators have become (and will continue to become) increasingly sophisticated in their tactics, use of technology, and efforts to mask their activities and defeat parental and other monitoring efforts, and
  4. your children may have only limited Internet, mobile or online contact with potential predators or online threats and may encounter or deal with them in offline or unmonitored electronic environments that the Services are not capable of monitoring.

In light of these and other limitations, we strongly encourage you (beyond using the Services) to:

  • Proactively engage with your children on a regular basis and stay informed about both their online and offline activities.
  • Set and adhere to policies and boundaries for their use of Internet, mobile, and online devices and consider the use of “technology use agreements” or guidelines with your children.
  • Listen to your instincts and actively evaluate any warning signs you see, whether flagged by the Services or observed by you through direct interaction with your children or other means.

Your Rights To Use The Services And Restrictions

As long as you meet any applicable payment obligations and comply with this Agreement, uKnow.com grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for so long as your Services account is active and in good standing.

uKnow.com may, from time to time, establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Public Content and records of Account Activity will be retained by uKnow.com. You further acknowledge and agree that uKnow.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree not to use the Services on a mobile phone that has been modified through the use of software and hardware exploits with the goal of overcoming limitations that carriers and hardware manufacturers put on some devices, resulting in the ability to alter or replace system applications and settings, run specialized apps that require administrator-level permissions, or perform other operations that are otherwise inaccessible to a normal user. This is commonly referred to as “rooting” or “jailbreaking” a mobile phone.

You agree not to use the Services or content on this website in a manner that knowingly violates any applicable local, state, provincial, federal or foreign law, regulation or this Agreement. For example, unless authorized by uKnow.com in writing, you agree you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services, without uKnow.com’s express written consent, which may be withheld in uKnow.com’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Google Chrome);
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  5. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services;
  6. Attempt to access any other uKnow.com systems that are not part of these Services;
  7. Excessively overload the uKnow.com systems used to provide the Services;
  8. Use the Services while driving or at any other time when use of the Services may disrupt your attention to other matters and result in injury to yourself or others; or
    (i) Surreptitiously record third party conversations, or share any recordings or communications in violation of applicable law or the rights of any parties to such communications.

If you violate any of these terms, this Agreement and your right to use the Services may be terminated by uKnow.com in its sole discretion.

The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

Improper Conduct on the Services

You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Public Content or data that would impersonate someone else or falsely represent your identity or qualifications;
  3. Public Content that would, if publicly displayed, constitute a breach of any individual’s privacy, including posting images, recordings, records of communication or contact information relating to any third party without such party’s consent (or a parent’s consent in the case of a minor);
  4. Except as otherwise permitted by uKnow.com in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  5. Any information, software or Public Content that is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

Forums and Social Networking Features

The Services may include social networking features to exchange information with other users of the Services and the public. If you choose to use such features, you grant uKnow.com a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content posted in connection with uKnow.com’s social networking features. You also grant each other user with whom you communicate a non-exclusive license to access your posted Public Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Public Content as permitted by the Services and this Agreement. Do not reveal information in the social networking features that you do not want to make public.

You agree to use respect when you interact with other users. uKnow.com may monitor your Public Content from time to time and may in its sole discretion, refuse to post, remove, or refuse to remove, any Public Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

uKnow.com does not support and is not responsible for the accuracy of others’ content on the Services. Users may post hypertext links to content hosted and maintained by third parties for which uKnow.com is not responsible.

Security

You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact uKnow.com immediately by creating a support ticket at http://support.uknowkids.com.

Feedback

You grant uKnow.com a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to uKnow.com in any way. Without limiting the foregoing, you agree that uKnow.com may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.

Delivery of Account Activity from Linked Accounts

When you use the Services, you link your Services account to your Linked Accounts. uKnow.com makes no effort to review the Linked Accounts for any purpose, including but not limited to your ownership of the Linked Accounts. uKnow.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Activity, user data, communications or personalization settings. We cannot guarantee that activities conducted on Linked Accounts will be recorded by the Services in every instance, and we cannot guarantee that notifications triggered by certain activities on Linked Accounts will be delivered in any specified time period.

You authorize uKnow.com to access your Linked Accounts, on your behalf as your agent. When you add Linked Accounts to the Services, you will be directly connected to the website for the Linked Account you have identified. You hereby authorize and permit uKnow.com to use and store your account passwords and user names and to configure the Services so that they can collect your Account Activity. For purposes of this Agreement and solely to provide the Account Activity to you as part of the Services, you grant uKnow.com the right to access the Linked Accounts, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities.

YOU ACKNOWLEDGE AND AGREE THAT WHEN uKnow.com IS ACCESSING AND RETRIEVING ACCOUNT ACTIVITY FROM LINKED ACCOUNTS, UKNOW.COM IS ACTING SOLELY ON YOUR BEHALF AND WITH YOUR EXPRESS
CONSENT.

Other uKnow.com And Third Party Products And Services

We may offer to you other services, features, products, applications, online communities, or promotions provided by uKnow.com. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. uKnow.com may provide links to third-party websites providing services that we believe may be of interest to uKnow.com users. If you decide to use any third party products or access any third party sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. uKnow.com does not endorse, warrant or guarantee the products or services available through any such offers, and uKnow.com is not responsible for the activities or policies of those websites. uKnow.com does not guarantee that the third-party offer information displayed through the Services are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

Online and Mobile Alerts

uKnow.com may from time to time provide account-related notifications and alerts to you. uKnow.com may deliver these alerts to your computer, mobile phone or other method of using the Services that you select.

Account Activity alerts may be customized, deactivated or reactivated by you. uKnow.com may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.

Account-related alerts may be sent to you following certain changes made to your uKnow.com account, such as a change in your account information. uKnow.com may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Services.

Electronic alerts may be sent to the primary email address, mobile phone number or other contact information you have provided for the Services. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts and it is your responsibility to maintain the privacy of this information.

Payment

For Services offered on a payment or subscription basis, the following terms apply, unless uKnow.com notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe to the Service and provide your payment information, regardless of whether Linked Accounts are connected to the Service or how frequently you utilize the Service, unless stated otherwise in the payment terms on the website for the Services,

You must pay with one of the following:

  1. A valid credit or debit card acceptable to uKnow.com;
  2. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
  3. By any other payment option made available by uKnow.com.

If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

uKnow.com will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Services are cancelled or terminated under this Agreement.

Additional cancellation or renewal terms may be provided to you on the website for the Services.

Disclaimer Of Warranties; Limitation Of Liability

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UKNOW.COM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, RESELLERS, PARTNERS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. UKNOW.COM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. UNFORTUNATELY, AS NOTED ABOVE UNDER THE HEADING “LIMITATIONS OF THE SERVICES,” NEITHER UKNOW.COM NOR ANY OF ITS AFFILIATES OR SUPPLIERS CAN GUARANTEE THAT USE OF THE SERVICES WILL PROTECT YOUR CHILDREN FROM HARM OR ALLOW YOU TO IDENTIFY ALL BEHAVIOR, TRENDS, OR COMMUNICATIONS THAT MAY BE HARMFUL, RISKY, OR INDICATIVE OF ACTUAL OR POTENTIAL THREATS. AMONG OTHER THINGS, CHILD PREDATORS AND OTHER BAD ACTORS HAVE BECOME INCREASINGLY SOPHISTICATED, TECHNOLOGY-SAVVY AND ADEPT AT AVOIDING MONITORING AND TRACKING. IN RECOGNITION OF THESE LIMITATIONS, YOU EXPRESSLY CONFIRM AND ACKNOWLEDGE THAT UKNOW.COM, ITS AFFILIATES, AND SUPPLIERS ARE NOT (AND WILL NOT BE) LIABLE OR RESPONSIBLE IN ANY WAY FOR (AND HEREBY WAIVE ANY CLAIMS AGAINST UKNOW.COM, ITS AFFILIATES, AND ITS SUPPLIERS RELATING TO) ANY FAILURE BY OR OF THE SERVICES TO IDENTIFY ANY ACTUAL OR POTENTIAL THREATS AND YOU AGREE THAT YOU REMAIN FULLY AND PERSONALLY RESPONSIBLE FOR USE OF THE SERVICES AND SUCH OTHER EFFORTS AS YOU MAY DEEM NECESSARY OR APPROPRIATE TO PROTECT AND SAFEGUARD YOUR CHILDREN.

UKNOW.COM AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM, AGGREGATE, AND ENTIRE LIABILITY OF UKNOW.COM, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM AND $100. UKNOW.COM AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET UKNOW.COM SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF UKNOW.COM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF UKNOW.COM AND ITS AFFILIATES AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

Indemnification

You agree to indemnify and hold uKnow.com and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). uKnow.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by uKnow.com in the defense of any Claims.

Changes To This Agreement Or The Services

We may change this Agreement from time to time, and the changes will be effective when posted on uKnow.com’s website for the Services, through uKnow.com’s account notification procedures or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Account Activity monitoring, pricing, technical support options, and other product-related policies. Your continued use of the Services after uKnow.com posts or otherwise notifies you of any changes, indicates your agreement to the changes. This Agreement may be modified only as provided in this section.

Termination

uKnow.com may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect uKnow.com’s rights to any payments due to it. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded: Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may terminate your subscription to the Service at any time; provided that uKnow.com will not refund any pre-paid fees upon such termination or cancellation. To terminate your current subscription and replace it with a new subscription with potentially different features, if an alternative subscription option is available, you must do so from the “Subscription” tab within your account settings. uKnow.com reserves the right to collect fees, surcharges or costs incurred before you cancel your subscription in addition to any applicable cancellation fee(s).

You may also terminate your account entirely. If your account is terminated, your current subscriptions are also terminated. To cancel your entire account, you must follow the instructions provided in the Cancellation & Refund Policy. Upon such termination, uKnow.com reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete or make inaccessible to you your Linked Account information, records of Account Activity, Public Content, listings, messages or other information in connection with your account; (c) prohibit your access to your account, including without limitation by deactivating your password; and (d) refuse your future access to the Services.

Copyright And Trademark Notices

All materials of the Service (as well as the organization and layout of the Service are owned and copyrighted or licensed by uKnow.com, its affiliates or its Suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes any uKnow.com-owned or operated website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of uKnow.com. Any rights not expressly granted herein are reserved. uKnow.com logos and product and service names are trademarks of uKnow.com, Inc. (the “uKnow.com Marks”). You agree not to display or use the uKnow.com Marks in any manner whatsoever without uKnow.com’s prior permission. The Services may incorporate logos, trademarks, servicemarks and other proprietary rights belonging to third-parties. uKnow.com does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners.

Governing Law And Jurisdiction

The substantive law of the State of Virginia governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and uKnow.com agree to the exclusive jurisdiction of state or federal courts in Arlington County, Virginia. uKnow.com does not represent that the Services are appropriate or available for use in all countries. uKnow.com prohibits accessing materials from countries or states where the Services are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All data and servers housing such data are located in the United States (U.S.). All data and servers housing such data are subject to the jurisdiction and any and all applicable laws and regulations of the U.S., its states, territories and protectorates; regardless of the applicable laws and regulations of the jurisdiction that the data originated from.

General

This Agreement is the entire agreement between you and uKnow.com and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.