Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
DIGITAL LEASH, LLC, D/B/A PROTECT CELL (“PROTECT CELL”) PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (THE "SITE TERMS"). BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE (THE "SITE"), YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAWS, WHICH GOVERN YOUR ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAWS EACH TIME YOU USE AND ACCESS THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE OR ACCESS THE SITE. THE LINKS BELOW PROVIDE DETAILED INFORMATION ABOUT OUR TERMS AND CONDITIONS OF USE:
A. Related Policies and Terms
Additional policies and terms apply to the use and access of specific portions of this Site and to the purchase of certain Benefits or Services through use of this Site and are included as part of these Site Terms. Please refer and review all additional specific terms and conditions contained throughout this Site.
These Site Terms apply exclusively to your access to, and use and access of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Protect Cell for benefits or service, or otherwise.
Protect Cell has adopted a website privacy notice, which can be found here, that you should refer to in order to understand how we use and collect information through your use and access to the Website. By agreeing to these Site Terms, you agree to the terms of our Privacy Notice. With the exception of any non-public personal data or information about you which you submit (which shall be maintained in accordance with our Privacy Notice), any information you transmit to Protect Cell via the Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated by us as non-confidential and non-proprietary and will become the sole property of Protect Cell. Such information may be used by us for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Protect Cell shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Your privacy is very important to us. Consistent with the foregoing, all non-public personal data provided about you which you submit to us as a result of your use and access of the Site will be handled in accordance with our Privacy Notice, as well as the privacy statement located here, which has been formulated to provide you with more detail about how we comply with the laws that protect your non-public personal data under the Gramm-Leach-Bliley Act of 1999 with respect to our internal information protection policies, the collection and use of your non-public personal data by us, and our disclosure of such non-public personal data to our affiliates or third parties.
B. Modification of Site Terms
Protect Cell reserves the right to amend, modify or otherwise change these Site Terms in our sole discretion from time to time. If we change these Site Terms, we will post the revised terms on the Site and note the date they were last updated. Any amendments, modifications or changes to these Site Terms will be effective upon posting of such Site Terms as amended, modified or changed, and your use and access of the Site following the posting will constitute your acceptance of the new Site Terms.
C. United States Usage
This Site is operated by a U.S. entity and is governed by the applicable state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
D. License and Site Access
In consideration for your agreement to these Site Terms, Protect Cell hereby grants to you a limited, revocable, non-exclusive license to access and make personal use only of the Site; but not to download (other than page caching) or modify it, or any portion of it. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, posting or transmitting any Site Materials (including any Protect Cell trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any goods or service listings or descriptions; (e) making derivative uses of the Site or any Site Materials; or, (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you have not been granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Protect Cell or any third party. You may not use any meta tags or any other "hidden text" utilizing Protect Cell's name, trademark, or product name. "Site Materials" means all data information and materials on the Site, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout and applications, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of and access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
E. Changes, Misprints, Errors and Cancellations
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that the goods, services or prices advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including, without limitation, product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
Price for goods or services sold through this Site do not include applicable sales tax. If we are legally required to collect sales tax on goods or services you order, the tax amount will be added automatically to your purchase price.
F. Passwords and Security
If you create and use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that you get notice that the confidentiality of your account or password is compromised in any manner, you will notify Protect Cell immediately. Protect Cell reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including, without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Protect Cell has implemented security measures to safeguard the information with respect to your account and this Site, Protect cannot protect, and has no liability for the protection of, your information outside of this Site. For example, when Protect Cell communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by your request for information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Protect Cell may rely on the authority of anyone accessing your account or using your password, and you agree that in no event will Protect Cell or any of our members, officers, directors, agents, representatives and employees (collectively, the “Protect Cell Released Parties”) be held liable to you for, and you agree to indemnify, release and hold harmless such Protect Cell Released Parties from, any and all claims, liabilities, losses, expenses or demands, including, but not limited to, reasonable legal fees, resulting from or arising out of: (i) any action or inaction of Protect Cell under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
G. Intellectual Property
1. Ownership
Protect Cell and/or its affiliates owns all Site Materials, which are protected by United States and international copyright, trademark and other laws.
2. Trademarks
Digital Leash, Protect Cell, protectcell.com and other registered trademarks owned by Protect Cell and their respective designs and/or logos are either trademarks or registered trademarks of Protect Cell and may not be copied, imitated or used, in whole or in part, without the prior written permission of Protect Cell. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Protect Cell, and may not be copied, imitated, or used, in whole or in part. All other trademarks, registered trademarks, product names and company names or logos contained on this Site are the property of their respective owners.
3. Restrictions on Use
Except as otherwise stated in these Site Terms, none of the Site Materials and Intellectual Property described or referenced in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise. Notwithstanding the foregoing, you may electronically copy and print to hard copy portions of this Site for the sole purpose of using Site Materials for informational and non-commercial, personal use only. Any other use of the Site Materials contained in this Site, including, but not limited to, any commercial use, reproduction for purposes other than described above, modification, distribution, republication or display is strictly prohibited. Any unauthorized modification, tampering or change of any information, or any interference with the availability of, access to or use of the Site is strictly prohibited.
4. Copyright
To notify us of a copyright infringement, write to us at info@protectcell.com or at our physical address:
Protect Cell
Legal Department
39500 High Pointe Blvd.
Suite 250
Novi, MI 48375
Include the following (please consult your legal counsel or see Section 512(c) (3) of the Digital Millennium Copyright Act to confirm these requirements):
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
H. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you for personal use by Protect Cell on a limited, revocable, non-exclusive basis. Protect Cell shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
I. Hyperlinks
1. Links to the Site
You are granted a limited, revocable, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Protect Cell or any of its goods or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. All other linking to this Site or any portion hereof, whether by another website, email or otherwise, is strictly prohibited. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Protect Cell or any third party.
2. Third Party Links
The Site may include hyperlinks to other websites. Protect Cell does not endorse, and is not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You acknowledge and agree that we are not responsible for and are not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on this Site and may remove a link at any time in our sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. We are not responsible for the privacy practices of any other websites.
J. Submission of Information
1. Your Information
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
2. Additional Submissions
You agree that any information, including, without limitation, answers to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Protect Cell, or postings on this Site ("Submissions") are non-confidential (subject to our Privacy Notice) and that you remain solely responsible and liable for such Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including, without limitation, the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
3. Restrictions for Submissions
By using the Site, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant to Protect Cell that you have the lawful right to distribute and reproduce such Content;
4. Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Protect Cell representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any goods or services in connection with your use and access of the Site, whether directly or indirectly, if you are not expressly authorized by such party to do so.
6. Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and,
7. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
4. Policies and Enforcement
All access to and use of this Site is governed by and subject to these Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Protect Cell has the right, but not the obligation, to take any action we deem appropriate, including but not limited to, action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Protect Cell believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Protect Cell takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
In the event that Protect Cell is required to engage in litigation or other legal proceeding against you, either as plaintiff or as defendant, in order to enforce or defend any of its rights under these Site Terms, and such process results in a final judgment or ruling in favor of Protect Cell, you agree to reimburse Protect Cell for all direct, indirect or incidental expenses incurred, including, but not limited to, all attorneys’ fees and costs, including paralegal fees, court costs and other expenses incurred throughout all negotiations, proceedings, trials or appeals undertaken in order to enforce Protect Cell’s rights hereunder.
5. Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Protect Cell and its parents, subsidiaries, affiliates, managers, officers, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site, will be considered violations of these Site Terms by such user.
K. Children
This website is designed for and intended for use only by adults. If you are under 18, you may use and access this Site only with permission and involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use and access of this site by children, minors and others under your care. You agree to be responsible for their use of this Site.
L. Disclaimers
THIS SITE, THE SITE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROTECT CELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ANY SITE MATERIALS, OR GOODS AND SERVICES CONTAINED OR ADVERTISED ON THIS SITE. PROTECT CELL DOES NOT REPRESENT OR WARRANT THAT ANY OF THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROTECT CELL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PROTECT CELL DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF AND ACCESS TO THIS SITE, INCLUDING ALL SITE MATERIALS OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF CERTAIN IMPLIED WARRANTIES, IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
M. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PROTECT CELL OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “PROTECT CELL RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE AND ACCESS, THIS SITE OR THE SITE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
N. Applicable Law, Venue and Limitation of Actions
These Site Terms shall be governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and entirely to be performed within Michigan, without resort to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts located in Detroit, Michigan, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Site Terms and hereby waive any objection to such jurisdiction and venue selection, including, but not limited to, any claim of forum non conveniens.
O. Consent to Electronic Communications
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through this Site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate directly with you by unencrypted email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Q. Severability
If any provision of these Site Terms is found by a court or other tribunal to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the fullest extent permissible and deemed to be severed from the remaining provisions of these Site Terms and shall not affect the validity and enforceability of any such remaining provisions.
R. Waivers
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
S. Other Agreements
These Site Terms may be supplemented or amended by the terms of other "click-through" agreements between you and Protect Cell found on our Site (the "Other Agreements"). In such cases, you may be asked expressly to consent to the terms of such Other Agreements, for example, by checking a box or clicking a button marked "I agree." If the terms relating to the subject matter of these Site Terms are different than the terms of those Other Agreements, the terms of the Other Agreements will supplement or amend these Site Terms.
T. No Third Party Beneficiaries
These Site Terms shall not be construed to confer any rights or remedies upon any person not a party thereto, whether as a third party beneficiary or otherwise, against Protect Cell and its successors, assigns, and affiliates. Notwithstanding the foregoing, all managers, officers, members, employees, agents, suppliers, licensors, contractors or affiliates of Protect Cell that are engaged in providing the Sites and/or the underlying content or the performance of Protect Cell hereunder, shall be third party beneficiaries and shall receive the benefits of the limitations of warranty provisions, indemnification provisions, and limitations of liability provisions hereunder.
U. Contact Us
If you experience difficulties in using the Site, please contact us in one of the following ways:
- Call our Customer Support Representatives at 877.674.4906
- Email us at: info@protectcell.com
- Write us at: Customer Support, P. O. Box 6200, Plymouth, MI 48170