Thank you for your interest in wefeelsecure.com. If, after reading through our Terms of Use, you still have questions, we invite you to learn more about our website, our products, our company and our security.
Effective Date: 06/01/2011
These Terms of Use, known as this Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by wefeelsecure.com , a Delaware corporation, ("FeelSecure, Inc."), and located at www.wefeelsecure.com. The following details relate to this web site, rather than our FeelSecure software. FeelSecure software has its own terms and conditions when you download and use the software). By using our site you agree to be bound by the terms and conditions of this Agreement and www.wefeelsecure.com's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).
* Accepting the Terms
* Privacy and your Personal Information
* Description of the Service
* Account Information from Third Party Sites
* wefeelsecure.com Offers and Third-Party Links
* Your Registration Information
* Your Use of the Service
* Online and Mobile Alerts
* Rights You Grant to Us
* wefeelsecure.com 's Intellectual Property Rights
* Access and Interference
* Rules for Posting
* Disclaimer of Representations and Warranties
* Alert Disclaimer
* Limitations on wefeelsecure.com 's Liability
* Your Indemnification of wefeelsecure.com
* Ending your relationship with wefeelsecure.com
* Modifications
* Governing Law and Forum for Disputes
* Payment Methods
* Miscellaneous
1. Accepting the Terms
By using the information, tools, features and functionality located on wefeelsecure.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the wefeelsecure.com website) or you are a "Member" (which means that you have registered with wefeelsecure.com). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract wefeelsecure.com. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about wefeelsecure.com 's data protection practices, please read wefeelsecure.com 's Privacy and Security Policy, which is hereby incorporated into and made a part of this Agreement. This policy explains how wefeelsecure.com treats your personal information, and protects your privacy, when you access wefeelsecure.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Terms outlined in this Agreement relate solely to the use of this site. The Services provided by the FeelSecure product are governed by a separate Terms of Service which is outlined and must be agreed upon during initial installation of the product.
4. Account Information from Third Party Sites
With the Service, Members may direct wefeelsecure.com to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Wefeelsecure.com works with one or more online financial service providers under contract to access this Account Information. wefeelsecure.com makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement; and is not responsible for the products and services offered by or on third-party sites. Wefeelsecure.comcannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. As such, wefeelsecure.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.
5. Offers and Third-Party Links
Some parts of the Service are supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. In connection with our Offers, the Service will provide links to other web sites belonging to advertisers and other third parties. Wefeelsecure.com does not endorse, warrant or guarantee the products or services available through the offers (or any other third-party products or services advertised on or linked from our site), and wefeelsecure.com is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Wefeelsecure.com does not guarantee that the product or other service terms, rates or rewards offered by any particular advertiser or other third party on wefeelsecure.com are actually the terms that may be offered to you if you pursue the offer via the ads/on those respective site(s).
6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your User ID and, allows you to access the Service. That User ID and password, together with any e-mail address, mobile number, and/or other contact/billing information you provide form your "Registration Information". Upon initial purchase of the product, you will be required to provide your financial (e.g. credit card) and billing information, as well. That information is not stored on wefeelsecure.com’s servers and is only collected by the website in order to facilitate the transaction – please see Section 4 ‘Account Information’ above. By providing us with your e-mail address, you agree to receive all required service-related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify wefeelsecure.com immediately at wecare@wefeelsecure.com.
7. Your Use of the Service
Your right to access and use wefeelsecure.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use wefeelsecure.com for lawful purposes. Accurate records enable wefeelsecure.com to provide the Service to you. You must provide true, accurate, current and complete information about your accounts should you decide to add an additional account, as expressly requested in our "add account" setup form. You may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of wefeelsecure.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of wefeelsecure.com or other actions that wefeelsecure.com, in its sole discretion, may elect to take.
8. Online and Mobile Alerts
Wefeelsecure.com may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts are sent to you following certain changes made online to your wefeelsecure.com account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not since they are security-related. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. wefeelsecure.com may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for wefeelsecure.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your wefeelsecure.com User ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
9. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, "Accounts Content") you provide to us through the Service, you are licensing the Accounts Content to wefeelsecure.com solely for the purpose of providing the Service. Wefeelsecure.com may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to wefeelsecure.com for use for this purpose, without any obligation by wefeelsecure.com to pay any fees or other limitations. By using the Service, you expressly authorize wefeelsecure.com to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Add Accounts" feature of the Service, you will be directly connected to the website for the third party you have identified. Wefeelsecure.com will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit wefeelsecure.com to use information submitted by you to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant wefeelsecure.com a limited power of attorney, and appoint wefeelsecure.com as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN wefeelsecure.com IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, wefeelsecure.com IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
10. FeelSecure, Inc.’s Intellectual Property Rights
The contents of wefeelsecure.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of wefeelsecure.com belong or are licensed to FeelSecure, Inc. or its software or content suppliers. Wefeelsecure.com grants you the right to view and use wefeelsecure.com subject to these terms. You may download or print a copy of information provided on wefeelsecure.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from wefeelsecure.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
11. Access and Interference
You agree that you will not:
* 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 wefeelsecure.com or any portion of wefeelsecure.com, without wefeelsecure.com’s express written consent, which may be withheld in wefeelsecure.com’s sole discretion;
* 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 wefeelsecure.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
* 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 wefeelsecure.com or the Service; or
* Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of wefeelsecure.com or the Service.
12. Rules for Posting & Submissions
As part of the Service, wefeelsecure.com allows Members to post content on bulletin boards, blogs and at various other publicly available locations on wefeelsecure.com.
a. Rules:
* You are responsible for all content you submit to wefeelsecure.com.
* You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
* You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
* You may not interfere with other Users use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of wefeelsecure.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
* Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
* You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of wefeelsecure.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
* You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
b. Submissions:
* Wefeelsecure.com contains a number of areas through which you will be able to submit materials to us (collectively, "Submissions"). For example, your Submissions might include articles or reviews you have written, photographs you have taken, or messages you would like post to chat rooms or forums. We do not claim ownership of any of your Submissions. However, by making a Submission you (a) grant to us and our affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, transferable license (with the right to sublicense through multiple tiers) to use, reproduce, prepare derivative works of, distribute, adapt, publish, translate, publicly display, transmit or otherwise dispose of your Submission (in whole or in part, alone or together with other materials) in any format or medium now known or later developed, including without limitation for advertising and promotional purposes, (b) warrant that you have the right to grant the foregoing rights to us, (c) agree that we have no obligation to compensate you for your Submissions or to exercise any of the foregoing rights and that any such exercise shall be in our sole and absolute discretion, (d) warrant that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, or obscene, that invades a person's privacy, that violates any intellectual property rights or that violates any law, (e) warrant that your Submission does not solicit funds, or advertise or solicit goods or services, (f) agree that we may, and may authorize others to, identify and credit you as the author of your Submissions and use your name and pertinent biographical data in connection therewith, and (g) agree to indemnify and hold us harmless from any and all loss, damage, and/or expense (including reasonable attorneys' fees) that we may suffer arising from or related to the exercise by us of the foregoing rights or the breach or alleged breach by you of any of the foregoing warranties by. We are not responsible for screening Submissions for any reason. We retain, however, the right to reject, modify or remove Submissions that we, in our sole and absolute discretion, consider unacceptable. Whether or not we reject, modify or remove a Submission, you remain solely responsible for the content of your Submission. If we highlight any particular Submission in any area of the Sites, any promotional materials or otherwise, such conduct is not intended as, and should not be deemed to be, an endorsement by us of such Submission.
* By submitting content to us, you represent that you have all necessary rights and hereby grant us 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 in connection with wefeelsecure.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through wefeelsecure.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of wefeelsecure.com and under this Agreement.
13. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH wefeelsecure.com OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Wefeelsecure.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF wefeelsecure.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. wefeelsecure.com MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON wefeelsecure.com OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. wefeelsecure.com MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
14. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Wefeelsecure.com does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that wefeelsecure.comshall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
15. Limitations on wefeelsecure.com’s Liability
Wefeelsecure.com SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), UPON STATUTORY BASIS (federal, state or local) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO wefeelsecure.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF wefeelsecure.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, wefeelsecure.com’s LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 (ONE UNITED STATES DOLLARS)], AND YOU EXPRESSLY AGREE THAT SUCH AMOUNT SHALL BE THE MAXIMUM AMOUNT OF LIQUIDATED DAMAGES WHICH CAN BE ORDERED BY A COURT OF APPROPRIATE JURISDICTION.
16. Your Indemnification of wefeelsecure.com
You shall defend, indemnify and hold harmless wefeelsecure.com and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
17. Ending your relationship with wefeelsecure.com
This Agreement will continue to apply indefinitely unless terminated by wefeelsecure.com. Your obligations under these terms and conditions of use shall apply even if you close your account.
Wefeelsecure.com may at any time, terminate its legal agreement with you as follows:
* if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
* if wefeelsecure.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
* immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
18. Modifications
Wefeelsecure.com may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the wefeelsecure.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
19. Governing Law and Forum for Disputes
This Agreement, and your relationship with wefeelsecure.com under this Agreement, shall be governed by the laws of the State of California. Any dispute with wefeelsecure.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through a court of appropriate jurisdiction within the State of California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case wefeelsecure.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, wefeelsecure.com is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with wefeelsecure.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
20. Wefeelsecure.com ‘s Payment Methods
Wefeelsecure.com allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order.
Credit, Debit, and Check Cards
When you purchase any services or products from FeelSecure, Inc. or its website, wefeelsecure.com, you may pay by credit card, debit card, paypal transfer, or any other payment method that wefeelsecure.com may designate. When you provide wefeelsecure.com with your charge details, wefeelsecure.com will obtain a pre-approval from the payment provider for the amount of the order, which may result in a corresponding block on your available limits while the pre-approval remains in place. Wefeelsecure.com will not process any charge or transaction until your order ships.
Debit cards and other payment methods cards may have daily spending limits that could delay the processing of your order substantially.
Wefeelsecure.com may require the credit, debit, or check card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard).
Return and Refund Policy
Due to the nature of our business, we can only accept returns on items deemed defective. If you believe the item you have purchased from wefeelsecure.com is defective, you must report the defect in one of the two methods listed below within 7 days of purchase. In case of any further problems, contact our support team at the contact information listed below. For proper record keeping, please use one of the following written methods when requesting a return or inquiring for additional support
1) Submit a support ticket through our online support system,
2) Send an email to wecare@wefeelsecure.com.
21. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if wefeelsecure.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which wefeelsecure.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of wefeelsecure.com ‘s rights and that those rights or remedies will still be available to wefeelsecure.com.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and wefeelsecure.com regarding the subject matter of the same, and supersedes all other previous agreements.
Wefeelsecure.com products are exclusively sold to parents for the protection of their child. If we discover this software is being used for purposes not within our terms of use, the said account will be subject to immediate termination. This is an internal "No Tolerance" policy. Purchasing wefeelsecure.com implies that you have agreed to our terms of use policy.
We absolutely do not condone the use of our software for illegal purposes.
In order to register you MUST agree to the following conditions.
1. You acknowledge and agree that you own the mobile phone you will install the software onto OR that you have the expressed written consent of the owner to be an authorized administrator of the phone and its users.2. If you install our software onto a phone which you do not own or have proper consent, we will cooperate with law officials to the fullest extent possible upon being served with process in accordance with federal and state laws. This includes turning over requested customer data, and any other purchase/product related information.
3. You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your region to monitor other individuals on your own device. You will never monitor any adult without their valid permission.
4. You agree that we are not liable for any type of damage, litigation, or legal predicaments that may arise due to use or abuse of any wefeelsecure.com product.
