ZABRA TERMS AND CONDITIONS OF USE

Introduction

These are the terms and conditions of use for the website located at https://zabra.com and its related sub-pages (the “Site”). The Site is owned and operated by Zabra, Inc. (“Zabra”). The terms “we”, “our” and the like used herein refer to Zabra. By visiting our Site and accessing the information, resources, services, products, and tools we provide (the “Products and Services”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (the “User Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This User Agreement is in effect as of November 1, 2012.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Overview of the Products and Services

The use of most of the Products and Services will require you to create a profile and add account information for online services and social media accounts belonging to / controlled by you and/or your children / family (collectively, the “Linked Accounts”). Zabra will import personal information from those accounts, including a record of activities conducted on and contacts made through those accounts (collectively “Account Activity”) so that you may monitor your children’s activities. The Products and Services may also include public forums where you may interact with other users of the Products and 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 the Linked Accounts belong to or are controlled by you or your family. 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 control all Linked Accounts and you have the legal authority to connect the Linked Accounts to your Zabra user account. 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 Zabra expressly disclaims any duty or obligation to do so.

Limitations of the Products and Services

There are natural limitations to the effectiveness of the Products and Services. In considering these limitations, please take note that the Products and Services:

  • 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 as Linked Accounts.
  • Additionally, the Products and 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.

Use of the Products and Services does not guarantee the safety of your children and we cannot assure you that by using the Products and Services your children will be protected from encountering the types of material and communications and hazards the Products and Services are designed to identify and address. Likewise, Zabra cannot guarantee your children will not suffer any negative effects therefrom. Among other things, this is because: (a) we may not have access to all online or social 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; (b) sufficient data may not be available based on your children’s usage of Internet, mobile, and online devices and communications; (c) children and teens have become (and will continue to become) increasingly sophisticated in their tactics, use of technology, and efforts to mask the nature of their activities/communications and defeat parental and other monitoring efforts, and (d) no amount of monitoring or guidance or resources can be expected to be effective or achieve their intended objectives 100% of the time.

In light of these and other limitations, we strongly encourage you (beyond using the Products and 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 Products and Services or observed by you through direct interaction with your children or other means.
  • Your particular situation or issues are unique to you and your family, ZABRA encourages you to seek help from a licensed professional that can understand the unique aspects of your particular situation should you need further assistance.

Your Rights To Use The Products and Services; Restrictions

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

Zabra may, from time to time, establish general practices and limits concerning the use of the Products and Services. You acknowledge and agree that Zabra 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 Products and Services or content on this Site in a manner that violates any applicable local, state, federal or international law, regulation or this User Agreement.

The Products and 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 Products and Services. You agree to receive these updates automatically as part of the Products and Services.

Responsible Use and Conduct

You understand and agree and accept that:

a. In order to access our Products and Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Products and Services. You agree that any information you provide will always be accurate, correct, and current.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Products and Services. Accordingly, you are responsible for all activities that occur associated with your account.

c. Accessing (or attempting to access) any of our Products and Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Products and Services through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Products and Services, including the servers and/or networks to which our Products and Services are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Products and Services is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

3. Contains any type of unauthorized or unsolicited advertising; or

4. Impersonates any person or entity, including any Zabra employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our Site. However, any content posted by you using any open communication tools on our Site, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Zabra, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use most of our Products and Services. All information provided as part of our registration process is covered by our privacy policy.

i. Many of our Products and Services are intended to offer information, guidance, support, assistance and advice to families who are facing/dealing with challenging issues. These issues may include, without limitation, tobacco/drug/alcohol abuse, sexuality, suicide, bullying, diet/body image, school/play balance, stress management, peer pressure, parental pressure, violence, depression, loneliness, pregnancy, relationships, and the like. We do not assume any liability for any unintended consequences that occur as a result of viewing the content on our Site or utilizing our Products and Services, nor do we make any representations or warranties as to the effectiveness of such at delivering the intended results.

j. You agree to indemnify and hold harmless Zabra, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Delivery of Account Activity from Linked Accounts

When you use the Products and Services, you may link your Zabra user account to your Linked Accounts. Zabra makes no effort to review the Linked Accounts for any purpose, including but not limited to your control of the Linked Accounts. Zabra 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 detected by our Products and 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 Zabra to access your Linked Accounts, on your behalf as your agent. When you connect your Linked Accounts to your Zabra user account, you will be directly connected to the website for the Linked Account you have identified. You hereby authorize and permit Zabra to use and store your account passwords and user names and to configure the Products and Services so that they can collect your Account Activity. For purposes of this User Agreement and solely to provide the Account Activity to you as part of the Products and Services, you grant Zabra a limited power of attorney, and appoint Zabra as your attorney-in-fact and agent, 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, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ZABRA IS ACCESSING AND RETRIEVING ACCOUNT ACTIVITY FROM LINKED ACCOUNTS, ZABRA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.

Payment

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

Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the payment terms on the Site.

You must pay with one of the following: (a) A valid credit or debit card acceptable to Zabra; (b) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or (c) By any other payment option made available by Zabra.
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 Products and Services.

Zabra will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Products and Services are cancelled or terminated under this User Agreement. Additional cancellation or renewal terms may be provided to you on the Site.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our Site, you understand and agree that all Products and Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a. the use of our Products and Services will meet your needs or requirements;
b. the use of our Products and Services will be uninterrupted, timely, secure or free from errors;
c. the information obtained by using our Products and Services will be accurate or reliable; or
d. any defects in the operation or functionality of any Products and Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

e. any content downloaded or otherwise obtained through the use of our Products and Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f. no information or advice, whether expressed, implied, oral or written, obtained by you from Zabra, Inc. or through any Products and Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of the Products and Services. Zabra will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Products and Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Many of our Products and Services are intended to offer information, guidance, support, assistance and advice to families who are facing/dealing with challenging issues. These issues may include, without limitation, tobacco/drug/alcohol abuse, sexuality, suicide, bullying, diet/body image, school/play balance, stress management, peer pressure, parental pressure, violence, depression, loneliness, pregnancy, relationships, and the like. We do not assume any liability for any unintended consequences that occur as a result of viewing the content on our Site or utilizing our Products and Services, nor do we make any representations or warranties as to the effectiveness of such at delivering the intended results.

You agree to indemnify and hold harmless Zabra, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us

Copyrights/Trademarks

All content and materials available on the Site, including but not limited to text, graphics, videos, website name, code, images and logos are the intellectual property of Zabra or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Site is strictly prohibited, unless specifically authorized by Zabra.
Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Products and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Products and Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law

This Site is controlled by Zabra from our offices located in the state of North Carolina, USA. The Site can be accessed from most countries around the world. As each country has laws that may differ from those of North Carolina, by accessing our Site, you agree that the statutes and laws of North Carolina, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any Products and Services through this Site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in North Carolina. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee

UNLESS OTHERWISE EXPRESSED, ZABRA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

ZABRA, Inc.
P.O. Box 77915
Charlotte, NC 28271
USA

General

This User Agreement is the entire agreement between you and Zabra 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 User Agreement is invalid, that section will be removed without affecting the remainder of the User Agreement. The remaining terms will be valid and enforceable.