- use the StealthGenie Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the StealthGenie Services, features that prevent or restrict use or copying of any content accessible through the StealthGenie Services, or features that enforce limitations on use of the StealthGenie Services;
- intentionally interfere with or damage operation of the StealthGenie Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
- use any robot, spider, scraper or other automated means to access the StealthGenie Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the StealthGenie Services or modify the StealthGenie Services in any manner or form, nor to use modified versions of the StealthGenie Services, including (without limitation) for the purpose of obtaining unauthorized access to the StealthGenie Services.
- sell or transfer or allow another person to access your account password or StealthGenie Services account
- Download, Install and Activate StealthGenie on a smartphone that is not owned by you or you do not have written approval from the owner to do so.
- Breach the federal and government laws of your country by downloading, installing and activating StealthGenie Software on someone’s smartphone.
- Collect data using StealthGenie software from a smartphone, which is not owned by you without the knowledge and consent of the owner of the smartphone.
You agree that StealthGenie may terminate or suspend your access to the StealthGenie Services without prior notice and without liability if such termination or suspension is based on (a) StealthGenie good faith belief you have violated any of the terms and conditions of this Agreement, (b) StealthGenie determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the StealthGenie Services or (d) non-payment of any fees owed to StealthGenie. These remedies are in addition to any other remedies StealthGenie may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless StealthGenie, its affiliated companies, and its suppliers and partners (including, without limitation, StealthGenie’s wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the StealthGenie Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. StealthGenie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, STEALTHGENIE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, STEALTHGENIE’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE STEALTHGENIE SERVICES, EVEN IF STEALTHGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL STEALTHGENIE’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, STEALTHGENIE’S WIRELESS CARRIER PARTNERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE STEALTHGENIE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
RESERVATION OF RIGHTS
The StealthGenie Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of StealthGenie or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Lookout Services is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the StealthGenie Software; (b) modify, adapt, translate or create any derivative works of the StealthGenie Software or attempt to do the foregoing; (c) attempt to circumvent or disable the StealthGenie Software or any technology, features or measures in the StealthGenie Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the StealthGenie Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the StealthGenie Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the StealthGenie Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the StealthGenie Software or used in connection with the StealthGenie Software
USER DATA AND LOCATION DATA
The StealthGenie Services may allow the submission of content and materials by you (“ User Data ”), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them.
StealthGenie assumes any data that is uploaded using the StealthGenie service purchase by you is your data and hence will not be liable for anything to that data.
MODIFICATION OF THIS AGREEMENT
Lookout may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the StealthGenie.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use the StealthGenie Services after those changes are posted.
PAYMENT TERMS; CANCELLATION
StealthGenie services are bought on subscription basis. In the event you choose to subscribe to a StealthGenie service, you will be charged trough Plimus using your credit card. Your subscription will be automatically renewed at the end of your subscription period, depending on the StealthGenie service you choose. You can cancel the auto renewal of the subscription at any time. Once you cancel your subscription, you will be charged again at the end of your current subscription period. All fees and charges are non-refundable and there are no refund or credits for partially used periods. To be clear once you have paid for a subscription, you will not be refunded any charges you paid for that subscription period.