Welcome to our website. By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Web Chaver Inc. may publish from time to time (collectively, the "User Agreement"). If you do not agree to all of the terms and conditions contained in the User Agreement, do not access or use this Site.
The term Web Chaver Inc. or “us” or “we” refers to the owner of the website whose registered office is 126 Pennsylvania Ave. Suite 12, Paterson, NJ 07503. The term “you” refers to the user or viewer of our website.
Web Chaver Inc., its affiliates and agents ("Web Chaver Inc.") make this Web site with links to the User Agreement (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the User Agreement. "Materials" means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, and products made available or enabled via the Site by Web Chaver Inc. or users of this Site. "Services" means all services and resources offered or enabled via the Site by Web Chaver Inc. and users of this Site. All Materials provided by Web Chaver Inc. are referred to collectively as "Web Chaver Inc. Materials".
1. You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials.
2. You agree to use the Services only to access, download, utilize, or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. For example, you will not:
· Engage in any activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
· Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or to the Site without authorization from Web Chaver Inc., through any means.
· Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
· Transmit unsolicited or bulk communications to any Web Chaver Inc. account holder or to any WebChaver.org or affiliated e-mail address.
· Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
· Access or use the Site in any manner that could damage, disable, overburden or impair any Web Chaver Inc. server or the network(s) connected to any Web Chaver Inc. server.
· Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the User Agreement.
· Violate the rights of Web Chaver Inc. or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
· Use any Web Chaver Inc. domain name as a pseudonymous return e-mail address.
· Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Web Chaver Inc.
4. The use of the site, services or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any loss of data, damage to your computer system, or other harm that results from such activities. Web Chaver Inc. assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Web Chaver Inc. or via the site, services or materials shall create any warranty not expressly stated in the User Agreement. Web Chaver Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.
5. In no event shall Web Chaver Inc., its directors, officers, employees, partners or suppliers be liable to you or any third party for any punitive, incidental, special, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Web Chaver Inc. has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
· The access or use of or the inability to access or use the site, services, or materials;
· The statements or actions of any third party on or via the site, services or materials;
· Any dealings with vendors or other third parties;
· Any unauthorized access to or alteration of your transmissions, user materials or other data;
· Any information that is sent or received or not sent or received;
· Any failure to store or loss of data, files, materials or other content;
· Any services available that are delayed or interrupted;
· Any web site referenced or linked to from this site; or
· Your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Hence, the limitations and exclusions set forth above may not apply to you.
6. Certain Services and Materials will only be made available to users who have paid Web Chaver Inc. a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material.
7. Web Chaver Inc., in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Web Chaver Inc. may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Web Chaver Inc. deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
8. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Web Chaver Inc. immediately. If any Services or Materials provide password-restricted access to your sensitive information (including member lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Web Chaver Inc.'s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
9. You, the user, represent that you are the owner, or otherwise have authorization by the owner of the computers on which the Covenant Eyes Program is to be installed, to install the Covenant Eyes Program on any computer; you, the user, also agree to pay a fee, annually or monthly as agreed upon sign up, in advance, for the services of the Covenant Eyes Program. Credit cards will be charged in advance of the service. Web Chaver, Amazon or Paypal will provide a statement by email to the email address provided in the signup or payment procedure detailing charges that have been made; no advance invoice will be provided. In the event of termination by you, the user, charges made for the current month will not be refunded; for annual payments beyond the current month, upon request only, any unused portion of the service will be prorated and refunded to you. Service may be cancelled at any time by you, the user, for any reason or no reason at all upon notice to Web Chaver Inc. Covenant Eyes or Web Chaver Inc. may cancel service for breach of this contract or for any other reason without notice. Failure on the part of you, the user, to provide payment for the service will result in termination of service, and until proper Uninstall procedures are followed, may result in an inability to access the Internet by computers owned and/or operated by user. In the event we receive a request for your username or password, such will be provided upon our judgment (and solely upon our judgment) that the account holder is the person making such request; it is your responsibility to ensure the security of your identification information in this regard.
10. THE SERVICE IS MADE AVAILABLE TO YOU FOR YOUR PERSONAL USE ONLY. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE THIS SERVICE. You must provide current, truthful, and accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. Web Chaver Inc. reserves the right to refuse service to anyone at any time without notice for any reason.
11. Web Chaver Inc. may make changes to the Site, Services and Materials, including the price and description of any software or products listed, at any time at its sole discretion and without notice. This Site, Services and Materials may include technical or other inaccuracies, or typographical errors. These errors may not be corrected, and Web Chaver Inc. does not in any way guarantee to do so. The Site, Services and Materials may be out of date, and Web Chaver Inc. makes no commitment to update the site, materials and services.
11. The services offered by Web Chaver Inc., including but not limited to the Covenant Eyes Accountability system, may be terminated at any time by Web Chaver, at its sole discretion, without prior notice. In the event the User has paid on an annual basis, the User will be entitled to no more than the prorated remaining price of the service calculated until the end of the term of service the User has paid for. For example, if the User had paid for one year of service at the price of $36 and the service was terminated after two months, the User will be entited, upon request only, to no more than Thirty Dollars (prorated cost for the ten remaining months). Monthly advance payments are non-refundable.
12. The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the User Agreement. Except as expressly provided herein, Web Chaver Inc. and its suppliers do not grant any express or implied rights to use the Materials and Services.
13. You acknowledge and agree that Web Chaver Inc. does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites., and that Web Chaver Inc. makes no representations or warranties whatsoever about any such third parties, their materials or services. You also acknowledge that any dealings you may have with such third parties are at your own risk; and Web Chaver Inc. shall not be liable or responsible for any materials or services offered by third parties.
14. The use of The Site, Services, and Materials is provided “As Is” without warranty. Covenant Eyes and Web Chaver Inc. makes no warranties, express or implied, statutory or otherwise, including, but not limited to, those of title, non-infringement, merchantability or fitness for a particular purpose. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption however caused. Covenant Eyes does not guarantee continuous or uninterrupted monitoring of Internet use.
IN ADDITION, WITHOUT LIMITING THE ABOVE, WEB CHAVER INC. MAKES NO WARRANTY THAT:
(a) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR WILL NOT HARM YOUR SYSTEM;
(b) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(c) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS OR YOUR REQUIREMENTS; AND
(d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED IN THE FUTURE.
16. You agree not to copy materials, not to reverse engineer, not to break into, and not to use for illegal purposes the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein or with written permission from Web Chaver Inc. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
17. Web Chaver Inc. does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the site and materials and participation in any services. Managers, hosts, participants and other third parties are not authorized Web Chaver Inc. spokespersons, and their views do not necessarily reflect those of Web Chaver Inc.
18. You shall indemnify Web Chaver Inc., its shareholders, affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, attorney's fees arising from any cause. Furthermore, liability of Web Chaver Inc. shall in any case be limited to and shall not exceed the total amount of monies paid by you, the user, to Web Chaver Inc. for use of the Covenant Eyes Program. The parties agree that any dispute arising from this agreement shall have as its venue Passaic County, New Jersey wherein are located the offices of Web Chaver Inc.
19. Web Chaver Inc. may change the User Agreement and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the User Agreement, rules and guidelines posted on the Site at the time of such use. Please regularly check the "User Agreement" link on webchaver.org to view the then-current terms. If you breach any of the User Agreement, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the User Agreement must be immediately destroyed. This policy is effective from Aug. 12, 2008.