Terms of Service

Welcome to Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, (the “Service”) brought to you by the Cibus Group, LLC, in partnership with All Points Media, LLC and KlassKids Foundation and their affiliates, licensees, suppliers, and agents (collectively, “we” or “us”).  By installing, accessing, subscribing to, using, and/or registering for the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, you (the “User”) accept, without limitation or qualification, the terms and conditions of use set forth or referenced herein and as modified from time to time at our sole discretion (collectively, the “Agreement”).  As stated, we reserve the right to change or modify this Agreement from time to time and at our sole discretion, so please check back periodically for changes, since such changes to this Agreement are legally binding on you.  If you do not agree with the Agreement, your sole remedy is to cease using the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, and if applicable, cancel your account (as described below).  Your continued use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application following the posting of any changes to the Agreement constitutes acceptance of those changes, and any new provisions of this Agreement that may be posted on the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application.

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, accessing, subscribing to, using, and/or registering FOR THE Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application ON YOUR MOBILE DEVICE OR USING ALL OR ANY PORTION OF THE Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application , YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.   YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND THAT YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE terms and conditions of use set forth or referenced herein. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT INSTALL, ACCESS, SUBSCRIBE AND/OR REGISTER TO USE THE Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, or any part thereof.

1.  How your Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application works.  Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is available solely for use in the United States.  To access core features of the Service, such as connection through your mobile device and the ability to communicate with and enlist the Service of Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, you will need to register with Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application and create an account.  In consideration of your use of Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application and/or the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application’s registration form (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, or any portion thereof. 

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.    You will be liable for any losses caused by any unauthorized use of your account and should immediately notify us of any breach by contacting support@pollysguardiangel.com. You may control your account profile and how you interact with the Service by changing your settings within the app on your device.  By providing us  your email address you expressly consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service.  If you do not want to receive such messages, you may opt out by notifying support@pollysguardiangel.com.   Opting out may prevent you from receiving messages regarding updates or improvements.     You agree to use the Service only in accordance with this agreement and our Privacy Policy.  You assume all risks arising in connection with your use of the GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION and related activity. Always exercise common sense and caution.  All aspects of the Service are subject to change or elimination at GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION's sole discretion.  GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION    reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION    will not be liable to you for any interruption of the Service or your account.   GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION    is a revolutionary  , STATUS UPDATE, geo-location, crowd-sourcing mobile application helping you in times of need or when you want to share an important moment by instantly streaming video, audio and GPS from the device to all your friends, family, neighbors, AND everyone around you (within immediate area ) within seconds! We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GUARDIANGEL ™ (POLLY’S GUARDIAN ANGEL) SMARTPHONE APPLICATION will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

PLEASE NOTE: Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application IS NOT A SUBSTITUTE FOR 911.  Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application may not work in remote or enclosed areas.  

You agree that once you enroll and download Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application and that upon submitting a missing child alert through the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, Users of Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application  will   be able to see the approximate geolocation from where the alert was sent

2.  Your Use and Eligibility. The software and service is available only to individuals who are at least 18 years old.    You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration and other information you submit or provide to us is accurate and truthful.  We may, in our sole discretion, refuse to offer the software and / or service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service and Software is revoked in such jurisdictions You promise not to use the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provisions of the Service to our other users, subscribers and/or registrants.  If you do any of these things, you agree you will indemnify us and that you shall be solely responsible for any amount any third party claims from our organization, plus any expenses, resulting in whole or in part from your actions.  You are solely responsible for maintaining the content and accuracy of your personal profile within the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application.

3. Your Responsibility for Others Who Use Your Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application.    You are solely responsible for any use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application associated with your mobile device, even if you are not the one using the device, and even if you later claim the use was not authorized, as you are solely responsible for protecting the physical possession of your device and your personal password security for your device.  You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential and you agree that you will not communicate it to any third-party individual or website. You will notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you by contacting us at support@pollysguardiangel.com. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. We will not be responsible for any unauthorized access to, or alteration of, your transmissions of data including video or photo content, any material, information or data sent or received, regardless of whether the data is actually received by Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, or any transactions entered into through the Service or failure to abide by this Agreement.

4.  Ending the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application    Use.  At any time, if you wish to discontinue service and delete the     Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application from your mobile device you can delete the app and send a request to support@pollysguardiangel.com to remove your registration data from the  Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application  database.    

5.  About the Software.  Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application requires software on your mobile device that we may need or want to change from time to time.  Once the new changes are made you will be prompted to download the update.

6.  Our Right to Terminate or Suspend the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application without cause.  This means that we can decide to cease providing the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application to you at any time and for any reason, even for reasons unrelated to you.

7.  Your Privacy.    For a complete description of our privacy practices, please refer to our Privacy Statement at www.pollysguardiangel.com.   We value your privacy and we may update our Privacy Statement from time to time and the updates may be posted or you can contact us to request a copy.

8. Warranty.  We make no representation or warranty, either expressly or tacitly, for the completeness or correctness of the Service  
The Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is being delivered to you “AS IS” and we make no warranty as to its use or performance. We do not and cannot warrant the performance or results you may obtain by using the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application. Except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, we make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.   The use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is at your own risk.  We assume no liability for or relating to the delay, failure, interruption or corruption of any voice, call quality, or data transmitted on a device while using the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application.    While we strive to ensure the Service is provided without interruption and is accurate and reliable, we make no warranties or representation as to the accuracy, correctness, reliability or otherwise with respect to the service and we assume no liability or responsibility of any kind for omissions or errors in the service.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, NON-INFRINGEMENT OR THIRD PARTIES RIGHTS, FITNESS FOR PARTICULAR PURPOSE, RELIABILITY OF USER’S PHONE SERVICE, AND FREEDOM FROM COMPUTER VIRUS.  Specifically, we make no representations or warranties about the accuracy, reliability, completeness including errors or omissions, correctness or timeliness of content, software, text, graphics, links, or communications provided on or through the use of the service and/or software;

9.  Limitations of Liability.  Unless forbidden by law in a particular instance, we each agree as follows: (1) We are not liable for the actions or inactions of any service provider; (2) We are not liable to you for any injuries to persons or property arising out of or related to your use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application; (3) Neither you nor we can recover punitive damages, treble, consequential, indirect, or special damages, or attorney's fees;  (4) No one is liable to you for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, weather, or any other things we may not control; (5)Notwithstanding else in this agreement, you agree to excuse any non-performance by us or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of God, natural disaster, strike, equipment or storage shortage, or other causes beyond the control of us or our service providers; (6) You agree that neither we nor you nor any service providers who sends you data or information through Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is liable for any errors, defects, problems, or mistakes in the data or information; and (7) You agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended.  These limitations of liability apply not only to you, but to anyone using the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application    on your behalf, and to any claims made by your family, employees, customers, or theirs arising out of or relating to your Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application    use.  Some states don't allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

10.  How We Will Resolve Disputes.  If you and we have a disagreement related to the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, we will try to resolve it by talking with each other.  If we can't resolve it that way, we both agree, to the fullest extent permitted by law, to use confidential arbitration, not lawsuits (except for small claims court cases) to resolve the dispute.  Of course, either of us can always contact a government agency or regulatory authority for help, too.  We agree that any controversy or claim between us will be settled by one neutral arbitrator before the American Arbitration Association ("AAA") or Better Business Bureau ("BBB").  You can get rules and fee information from the AAA (www.adr.org) or the BBB (www.bbb.org).  There's no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreements a court would.  If an applicable statute requires an award of attorney's fees, an arbitrator can award them, too.  Any arbitration award made after completion of arbitration is final and binding and may be confirmed in any court of competent jurisdiction.  An award and any judgment confirming it only applies to the arbitration in which it was awarded and can't be used in any other case except to enforce the award itself.  If for some reason these arbitrations requirements don't apply or a claim proceeds in small claims court, we each waive any trial by jury.  We agree that the arbitration including the evidence, the argument and the outcome, is confidential between us.

11.  Governing Law.  To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed b y the laws of the state of ALABAMA without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.

12.  Miscellaneous.  (a)  This agreement does not create any fiduciary relationships between you and us.  It doesn't create any relationship of principal and agent, partnership, or employer and employee, either; (b) we can assign this Agreement but you cannot without written approval from us;   (c) if any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable; (d)  no waiver of any part of this Agreement or breach of it, in any one instance will require us to waive any other instance or breach; (e)  Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is available as a product of the Cibus Group, LLC, in partnership with All Points Media, LLC and KlassKids Foundation; and (f) Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application is not a substitute for dialing 911.  In the event of an emergency call 911 and local authorities.

11.  Additional Terms applicable to Software for Apple Handheld Devices.   Acknowledgement: The parties acknowledge that this Agreement is concluded between us only, and not with Apple and that Apple has no responsibility for the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application. Further, nothing herein abrogates or reduces Apple’s Usage Rules for the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application or is intended to conflict with, the App Store Terms of Service as of the Effective Date;   Scope of License: The license granted to you for the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application for use on Apple products is limited to a non-transferable license to use the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application on any iPhone or iPod touch that you own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service; Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application;  Warranty: In the event of any failure of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application to conform to the warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price for the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement;   Product Claims: The parties acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application or your possession and/or use of the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation;   Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application or your possession and use of that Guardiangel ™ (Polly’s Guardian Angel) Smartphone Application infringes that third party’s intellectual property rights, that Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim;   Legal Compliance: You represent that you are not located in a country subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and you are not listed on any U.S. Government list of prohibited or restricted parties;   Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.

 

 

 

 

 



 

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