Terms & Use

Agreement between user and Chaperone Technologies

These Terms and Conditions are an agreement ("Agreement") between you and Chaperone Technologies, Inc. DBA Chaperone Technologies ("CHAPERONE") regarding your use of the information, software, products, and services contained in or available through the CHAPERONE website. The ChaperoneTech.com website is comprised of various web pages operated by CHAPERONE. The ChaperoneTech.com website, products and services is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the ChaperoneTech.com website, products and services constitutes your agreement to all such terms, conditions, and notices.

This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that ChaperoneTech.com sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

CHAPERONE is not responsible for any loss, injury, claim, liability, or damage related to your use of CHAPERONE's products, services and the ChaperoneTech.com website or any website linked to this website, whether from errors or omissions in the content of our website or any other linked websites, from the site being down or from any other use of the site. In short, your use of CHAPERONE's product, the website is at your own risk.

Fees and Renewals

From time to time, we may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.

UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL OR AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

Free Trials and Refund Policy

Free trials of certain CHAPERONE products and services may be offered from time to time. The terms and conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service; 2) the accurate collection of any fee for any active membership or other subscription service; or 3) the accurate collection of fees or other payment for any other product or service.

For annual memberships, CHAPERONE may grant a refund to a customer within the first thirty (30) calendar days of such customer’s annual membership. After such 30-day period, if you choose to terminate your annual plan prior to the end of your year-commitment, you may do so with ninety (90) calendar days’ notice of cancellation, during which time you will have access to CHAPERONE’s services and will be charged a monthly fee. For customers who are charged a one-time annual fee, you will receive a partial year refund for the remaining term after such 90-day period. Customers may cancel membership online or contact CHAPERONE customer support to cancel the membership.

Termination/Cancellation Options

You may terminate any plan at any time within 30 calendar days of enrollment and may request a full refund under CHAPERONE’s 30-day money back policy.  If your purchase included hardware devices, your refund will be issued after the hardware has been returned to CHAPERONE per instructions given to you at the time of authorizing the refund.

After the initial 30-day money back period, you may terminate your plan at any time but you will not receive a refund.

If you are enrolled in an annual plan, you may choose to cancel your plan at any time prior to the end of the year-commitment with ninety (90) calendar days’ notice. During such 90-day notice period, you will continue to have access to CHAPERONE’s website and services and will be charged a monthly fee during the 90-day period. The 90-day notice requirement does not apply to cancellations within the 30-day money back period or to cancellations after the end of the year-commitment unless you choose to renew your annual plan. The 90-day notice period is not a penalty or a liquidated damages provision, but rather, an alternative option available to you to comply with your obligations under the Terms and Conditions.

If you fail to provide an on-time full-subscription payment, CHAPERONE reserves the right to cancel your account. If you are enrolled in an annual plan, CHAPERONE reserves its right to deem such failure to be a notice of cancellation and cancel your account at the end of such 90-day notice period. During the 90-day notice period, you will continue to have access to CHAPERONE’s website and services and will be charged a monthly fee.

Please note that termination/cancellation does not affect your ability to access the documents you created on CHAPERONE’s website. If you violate any of CHAPERONE’s Terms and Conditions, CHAPERONE reserves the right to terminate your CHAPERONE membership immediately. For termination for violation of the Terms and Conditions, there will not be a 90-day notice period and you will not continue to have access to CHAPERONE’s website and services.

Modification of these terms of use

CHAPERONE reserves the right to change the terms, conditions, and notices under which the ChaperoneTech.com website is offered, including but not limited to the charges associated with the use of the ChaperoneTech.com website.

You understand and agree that your use of ChaperoneTech.com after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.

Links to third party sites / Third party services

The ChaperoneTech.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CHAPERONE and CHAPERONE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CHAPERONE is not responsible for webcasting or any other form of transmission received from any Linked Site. CHAPERONE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CHAPERONE of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.

Certain services made available via ChaperoneTech.com are delivered by third parties. By using any product, service or functionality originating from the ChaperoneTech.com domain, you hereby acknowledge and consent that CHAPERONE may share such information and data with any third party with whom CHAPERONE has a contractual relationship to provide the requested product, service or functionality on behalf of ChaperoneTech.com users and customers.

Your Privacy

Protecting your privacy is very important to CHAPERONE. Please review our Privacy Policy, which explains how CHAPERONE treats your personal information and protects your privacy.

No unlawful or prohibited use

As a condition of your use of the ChaperoneTech.com website, you warrant to CHAPERONE that you will not use the ChaperoneTech.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ChaperoneTech.com website in any manner which could damage, disable, overburden, or impair the ChaperoneTech.com website or interfere with any other party's use and enjoyment of the ChaperoneTech.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ChaperoneTech.com websites.

THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE CHAPERONETECH.COM WEBSITE (“CHAPERONE CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. CHAPERONE CONTENT IS NOT FOR RESALE. YOUR USE OF THE CHAPERONETECH.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY CHAPERONETECH.COM CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE CHAPERONETECH.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE CHAPERONE CONENT WITHOUT THE EXPRESS WRITTEN CONSENT OF CHAPERONE.

Use of communication services

The ChaperoneTech.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate 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.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service 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 Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

CHAPERONE has no obligation to monitor the Communication Services. However, CHAPERONE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CHAPERONE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CHAPERONE reserves the right at all times to disclose any information as 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 CHAPERONE's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CHAPERONE does not control or endorse the content, messages or information found in any Communication Service and, therefore, CHAPERONE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CHAPERONE spokespersons, and their views do not necessarily reflect those of CHAPERONE.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to ChaperoneTech.com or posted at any CHAPERONE website

CHAPERONE does not claim ownership of the materials you provide to CHAPERONE (including feedback and suggestions) or post, upload, input or submit to any ChaperoneTech.com website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CHAPERONE, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CHAPERONE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CHAPERONE's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CHAPERONETECH.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHAPERONE TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CHAPERONETECH.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CHAPERONETECH.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CHAPERONE TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CHAPERONETECH.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHAPERONE TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAPERONE TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CHAPERONETECH.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CHAPERONETECH.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CHAPERONETECH.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CHAPERONETECH.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHAPERONE TECHNOLOGIES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CHAPERONETECH.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CHAPERONETECH.COM WEBSITE.

Service Contact: support@chaperonetech.com

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at {{toll_free_phone}}. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if CHAPERONE has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, CHAPERONE will pay reasonable attorneys’ fees should you prevail. CHAPERONE will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA rules. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement

CHAPERONE and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);

  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

  • claims that may arise after the termination of this Agreement.

References to "CHAPERONE", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and CHAPERONE are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to CHAPERONE should be addressed to General Counsel, Chaperone Technologies, 2290 Wade Drive, Bogart, GA 30622 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If CHAPERONE and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or CHAPERONE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CHAPERONE or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CHAPERONE is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless CHAPERONE and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. CHAPERONE will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CHAPERONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CHAPERONE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if CHAPERONE makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Termination/access restriction

CHAPERONE reserves the right, in its sole discretion, to terminate your access to the ChaperoneTech.com website and the related services or any portion thereof at any time, without notice.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CHAPERONE as a result of this agreement or use of the ChaperoneTech.com website. CHAPERONE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CHAPERONE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ChaperoneTech.com website or information provided to or gathered by CHAPERONE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CHAPERONE with respect to the ChaperoneTech.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CHAPERONE with respect to the ChaperoneTech.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without CHAPERONE's written consent. CHAPERONE's rights under the Terms and Conditions are freely transferable by CHAPERONE. Any failure by CHAPERONE to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

CHAPERONE may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the ChaperoneTech.com website, or other reasonable means now known or hereafter developed.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.

Copyright and trademark notices

All contents of the ChaperoneTech.com website are Copyright © 2014 Chaperone Technologies and/or its suppliers, affiliates and partners. All rights reserved.

Trademarks

Chaperone and ChaperoneTech.com are trademarks. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

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