End user agreement for Crawler Parental Control
You must be at least 18 years of age in order to agree to the terms of this Agreement and to download the Services. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, A PARENT OR GUARDIAN MUST DOWNLOAD IT FOR YOU. USE OF THE SERVICES BY ANYONE UNDER THE AGE OF 13 IS STRICTLY PROHIBITED.
CRAWLER, LLC, 999 YAMATO RD STE 100, Boca Raton, Florida 33431
Telephone: 1-561-989-7400, Fax: 1-561-989-7401, E-mail: firstname.lastname@example.org
Description of Crawler Parental Control Services
Crawler Parental Control Services
Crawler Parental Control Services are provided on an AS IS and AS AVAILABLE basis. Crawler disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services. The Services consist of software designed to allow its administrator to restrict and track activity of a computer's user.
Acceptable Use of Services
You shall not use the Services to create, upload, transmit, distribute, or store material that:
* Violates a trademark, copyright, trade secret or other intellectual property rights of others
* Violates the privacy, publicity or other personal rights of others
* Prevents another from using the Services
* Impairs the privacy of communications
* Contains obscene, offensive or inappropriate content
* Constitutes pornography
* May be threatening, abusive or hateful
* Violates export control laws or regulations
* Encourages conduct that would constitute a criminal offense or give rise to civil liability
* Causes technical disturbances to the Services, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
* Assists or permits any persons in engaging in any of the activities described above
* Involves deceptive on-line marketing
* Violates this Agreement, as it may be revised from time to time
If you become aware of any such activities, you are obligated to immediately notify Crawler and take all other appropriate actions to cause such activities to cease. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations. Crawler reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Passwords and Security
Certain Services require selection of a user name and password. You agree not to:
* select or use a screen name of another person with the intent to impersonate that person
* use a name subject to the rights of any person without their authorization
* use a screen name that would be offensive or objectionable to people of ordinary sensitivities, or is otherwise illegal, or infringing
* attempt any unauthorized use or breach of security or allow others to do so.
Intellectual Property Rights
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Services or any content (including any software) available through the Services. All content owned and operated by Crawler and all 3rd party content is the exclusive intellectual property of its owner and is protected as such.
License to Access Content on Our Sites
* Crawler grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Services as permitted under this Agreement.
* All rights not expressly granted to you by the foregoing sentence are reserved by Crawler.
Notice and Consent
* All comments, suggestions, feedback, and improvements are welcome.
* Please note by making any submission, you grant Crawler and third parties permission to use and incorporate your ideas or comments into Crawler Parental Control Services without compensation of any kind to you.
Termination of Services
* Crawler may terminate Services at any time, or remove, discard or modify any part of the Services, for any reason, or it may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files.
* Crawler shall not be liable for any such suspension, discontinuation or termination of the Services or your access to the Services.
Information Disclaimer and Disclaimer of Warranties
* CRAWLER PARENTAL CONTROL SERVICES ARE PROVIDED ON AN "AS IS" BASIS ONLY. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PARENTAL CONTROL SERVICE WILL BLOCK ALL UNWANTED CONTENT OR OTHERWISE FUNCTION AS YOU WISH. CRAWLER IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION BASED ON OR ARISING FROM YOUR USE OF THE SERVICES.
* YOUR USE OF CRAWLER PARENTAL CONTROL SERVICES IS AT YOUR SOLE RISK. CRAWLER PARENTAL CONTROL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRAWLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
* CRAWLER MAKES NO REPRESENTATION OR WARRANTY THAT CRAWLER PARENTAL CONTROL SERVICES WILL MEET YOUR REQUIREMENTS, THAT CRAWLER PARENTAL CONTROL SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CRAWLER PARENTAL CONTROL SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH CRAWLER PARENTAL CONTROL SERVICES WILL MEET YOUR NEEDS.
* ANY MATERIAL OBTAINED THROUGH THE USE OF CRAWLER PARENTAL CONTROL SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT CRAWLER, ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
* THE USE OF, OR THE INABILITY TO USE, CRAWLER PARENTAL CONTROL SERVICES;
* THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES;
* UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
* THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES;
* RELIANCE ON CONTENT OR POSTINGS ON ANY SITES; OR
* ANY OTHER MATTER RELATING TO OUR SITES OR CRAWLER PARENTAL CONTROL SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CRAWLER OR ANY SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CRAWLER'S CUMULATIVE LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED $100.00.
You agree to indemnify Crawler and its subsidiaries and affiliates, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly, from the Services.
Applicable Law; Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive personal jurisdiction and venue of state and federal courts located in Palm Beach County, Florida for all disputes arising out of this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which it may be entitled.
Severability. If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Survivability. All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason.
Injunctive Relief. You acknowledge that your violation of the provisions relating to intellectual property and proprietary rights may cause damage to Crawler which is unquantifiable but nonetheless real and irreparable. Accordingly, in the event Crawler determines in its sole discretion that you have violated or will violate any such provision, Crawler will be entitled to injunctive relief from a court of competent jurisdiction restraining such violation. This right to injunctive relief shall be cumulative and shall not restrict or limit Crawler's ability to resort to any other remedy available under law or equity.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. Nothing in this Agreement shall be deemed to convey any third party rights or benefits.
Term and Termination. This Agreement shall be effective when you start using the Services and shall remain in effect for as long as Crawler makes the Services available to you, unless terminated earlier as provided in this Agreement. Crawler may terminate this Agreement if you breach any of the terms under this Agreement. Notwithstanding anything herein to the contrary, upon termination of this Agreement, for any reason, provisions hereunder relating to indemnification, warranty disclaimers, limitation of liability, and other provisions which by their reasonable interpretation are intended to endure beyond termination of this Agreement, shall remain in full force and effect.