PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. SIGNIFY YOUR AGREEMENT BY CLICKING THE "I AGREE" BUTTON. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SOFTWARE AND CLICK THE "CANCEL" BUTTON.
YOUR ACCESS TO AND USE OF HIGHSTER MOBILE IS SUBJECT EXCLUSIVELY TO THESE TERMS AND CONDITIONS. YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS. BY USING THE WEBSITE YOU ARE FULLY ACCEPTING THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THIS NOTICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY STOP USING THE WEBSITE AND DISCONTINUE YOUR PURCHASE.
IMPORTANT NOTICE: This Software may be used for monitoring or recording purposes. It is licensed only for usage in compliance with applicable laws. Customer understands that monitoring or recording Internet or Device activity of a person without their consent may be illegal and could subject Customer to criminal or civil liability. Customer must inform anyone who uses a Device upon which the Software is installed that their Internet or Device activity may be monitored or recorded. If Customer is uncertain of their rights to monitor or record anyone's usage of a Device, then Customer should contact a legal advisor.
PARTIES: This end user license agreement is between you, the customer, whether an individual or entity (Customer) and CTS Technologies Corporation, a New York corporation.
Specific details of the software licensed and the Maintenance (defined below) should be described on an order.
The software, updates, Maintenance, and license serial numbers (Software) provided under an order, are licensed and are not sold.
1. LIMITED DURATION/SUBSCRIPTION LICENSE. Subject to the other terms of this agreement, ILF Mobile Apps Corp. grants Customer, under an order, a non-exclusive and non-transferable subscription license up to the license capacity purchased to:
operate the Software in object code form on one owned or exclusively controlled computer, phone or mobile device (Device), or one Device upon which Customer has explicit permission to install and use such Software, and make a backup or archival copy.
2. RESTRICTIONS AND OWNERSHIP. CUSTOMER MAY NOT:
transfer the licenses to another Device; sublicense, rent or lease the Software or use it in any type of outsourcing environment; reverse engineer (except to the extent expressly permitted by applicable law despite this limitation), decompile, or disassemble the Software or the services; or copy any features, functions or graphics of the Software to develop a competitive product.
Customer is entitled only to those rights as are expressly granted by this agreement. ILF Mobile Apps Corp. retains all ownership and intellectual property rights in and to the Software, updates and the services.
3. PAYMENTS. Customer must pay for the Software on the date of the order. Customer is responsible for all sales, use, and other similar taxes associated with an order, and accepts the Software as of the date of the order.
4. COMPLIANCE WARRANTY. Customer warrants that it will use the Software in compliance with applicable laws, and will not use the Software on any Devices upon which it cannot legally and rightfully operate the Software or which it does not have explicit permission to install and use. It is Customer's responsibility to determine what laws are applicable to Customer's use of the Software.
5. WARRANTY DISCLAIMER. ILF Mobile Apps Corp. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. DISCLAIMER OF DAMAGES. ILF Mobile Apps Corp. IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT OR USE OF THE SOFTWARE OR SERVICES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, COSTS OF DELAY, ANY FAILURE OF DELIVERY, AND COSTS OF LOST OR DAMAGED MATERIAL; EVEN IF ILF Mobile Apps Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY).
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
7. LIMIT ON LIABILITY. CTS TECHNOLOGIES CORP's TOTAL LIABILITY FOR DAMAGES OF ANY KIND IS LIMITED TO THE AMOUNT PAID TO ILF Mobile Apps Corp. FOR THE SOFTWARE GIVING RISE TO SUCH DAMAGE.
This agreement is in effect until terminated or until the subscription term is completed. Customer may terminate the agreement by removing the Software from all Devices, and returning or destroying the original and copies of the Software. This agreement will automatically terminate if Customer is in breach of any term of this agreement. Upon termination of this agreement for any reason, Customer must immediately stop using the Software and the services, remove the Software from all Devices, and either destroy the original and copies of the Software, or return the Software to ILF Mobile Apps Corp.
9. MAINTENANCE. ILF Mobile Apps Corp. technical support and Software updates (Maintenance) are included with the subscription fee. More details on the Maintenance programs are located http://www.HIGHSTERMOBILE.COM. ILF Mobile Apps Corp. may change it Maintenance terms, but Maintenance will not materially degrade during any year in which the Customer has paid the applicable fees.
10. CONSENT TO USE OF DATA. ILF Mobile Apps Corp. may collect and use technical and similar information, including but not limited to technical information about the Device, system and application software, which is gathered periodically to facilitate licensing, software updates, product support and other services related to the Software. ILF Mobile Apps Corp. may use this information to improve its products, enforce licensing, or to provide services like the ability to remotely configure the Software settings via a ILF Mobile Apps Corp. customer portal, among others. ILF Mobile Apps Corp. will not provide this information to any third parties unless required by applicable law.
Unless applicable law requires otherwise, ILF Mobile Apps Corp. does not collect nor access any of the activities or events monitored or recorded on the Device by the Software, though monitored or recorded activities and events will be transmitted to ILF Mobile Apps Corp. servers as part of the Software normal operating functionality.
1. Credit card details
HIGHSTER MOBILE and any of its subsidiaries will not ever share any credit card information with any organization of any kind with the exception of law enforcement and only for the purpose of legal matters.
2. Billing and payment information
Any person, company, corporation, officer of corporation and/or organization who submits incorrect or fraudulent information during or after the payment process will forfeit their right to a refund henceforth and will be held liable for any and all legal costs associated with the transaction.
The contents of HIGHSTER MOBILE website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
4. Change of Use
HIGHSTER MOBILE reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Gravity Mobile Apps, HIGHSTER MOBILE and CTS Techonolgies Corp, shall not be liable to you for any such change or removal and may change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5. Links to Third Party Websites
HIGHSTER MOBILE website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to HIGHSTER MOBILE or otherwise used by HIGHSTER MOBILE as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7. Disclaimers and Limitation of Liability
7.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, HIGHSTER MOBILE and its parent company ILF Mobile Apps Corp. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 HIGHSTER MOBILE and its parent company ILF Mobile Apps Corp. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of HIGHSTER MOBILE and its parent company ILF Mobile Apps Corp. for death or personal injury as a result of the negligence of HIGHSTER MOBILE or that of its employees or agents.
7.5 All our products are distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by HIGHSTER MOBILE as to their performance, reliability or suitability to any given task. In no event shall HIGHSTER MOBILE be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use.
7.6 It is a federal and state offense in most countries to install monitoring/surveillance software onto a phone which you do not own or have proper authorization to install. It may also be an offense in your jurisdiction to monitor the activities of other individuals. Check all state, federal and local laws before installing any cell phone spy Software such as HIGHSTER MOBILE . You must always notify a person they are being monitored if they are over age 18. Federal or local law governs the use of some types of software; it is responsibility of the user to follow such laws.
You agree to indemnify and hold HIGHSTER MOBILE and its parent company ILF Mobile Apps Corp. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against HIGHSTER MOBILE arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9a Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of USA and you hereby submit to the exclusive jurisdiction of the USA courts.
10 Product Fulfillment
Your order is processed and released immediately following successful payment and will be shipped to the address you provided during checkout. Depending on mail delivery service you can expect your product to arrive within three to five business days from the date of purchase. This package will be shipped to the address you provide during the payment process using a unique tracking number and will require your signature. If you do not want your product shipped to the address you provided during checkout go to our Support Desk and submit a ticket indicating your preferred ship-to address and we will try to accommodate your request. The program will be shipped in plain packaging and the program CD will not be labeled. This is done to protect your purchase from theft and unwanted discovery.
10a Cancellation of Orders
Once an order is placed and paid for IT CANNOT BE CANCELED. Our computerized shipping system does not allow for the cancellation of orders once they are entered into our system. To request a refund after you have received your product refer to item 11 in this document for instructions to obtain a refund for your purchase.
11 Refund Policy
To obtain a refund for your purchase for non-membership software packages:
Return product in original, undamaged condition and in original packaging together with a copy of your email payment receipt within 30 days of purchase to:
ILF Mobile Apps Corp.
PO Box 320
Port Jefferson Station, NY 11776
Package must be received within 30 days of purchase for a refund.
PRODUCTS SHIPPED FOR REFUNDS MUST BE SHIPPED TO THE ADDRESS ABOVE USING A TRACKING NUMBER AND MUST REQUIRE A SIGNATURE UPON DELIVERY TO ENSURE THAT YOUR PACKAGE IS RECEIVED BY ILF Mobile Apps Corp. AND PROCESSED CORRECTLY WITHOUT INCIDENT.
PRODUCTS RECEIVED AFTER 30 DAYS FROM THE DATE OF RECEIPT WILL NOT ELIGIBLE FOR REFUNDS. PRODUCTS RECEIVED WITHOUT A COPY OF THE EMAIL PAYMENT RECEIPT WILL NOT BE ELIGIBLE FOR A REFUND. THERE WILL BE NO EXCEPTIONS.
Once we have received the product(s) back from you, we will process your return and issue either a company check or money order for the full amount of your purchase. Company checks and money orders are mailed within 2 business days of receipt of your product(s) back from you. In some instances, it may take up to 30 days from the time we receive your returned product(s) for your refund to fully process and for you to receive your refund check or money order.
11a Subscription Cancellation Policy for Monthly Membership Packages
To cancel your subscription and avoid being charged the monthly subscription fee, return your program CD to the address listed below no less than three business days prior to your monthly billing day (your monthly billing day is month from your initial billing day). Once a new billing cycle is entered there will be no refund available for that period. If your program CD is returned after your monthly billing date we will cancel your membership prior to the next billing cycle.
Return your program CD to this addess in undamaged, original condition along with your transcation receipt and email address associated with your account. If you do not have these documents available please be sure to include any documnetation that will identify your purchase as this will help avoid any delay in processing your refund and cancelling your subscription.
ILF Mobile Apps Corp.
PO Box 320
Port Jefferson Station, NY 11776
12. CHARGEBACKS, DISPUTES, FRAUDULENT ACTIONS
Buyer agrees that if they file a false chargeback or dispute to receive a refund, or if he causes a fraudulent dispute claim that results in a chargeback against the Sellers account, Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US $10,000 for every separate fraudulent action, dispute or chargeback Buyer commits. BUYER WILL BE REPORTED TO ALL MAJOR CREDIT REPORTING AGENCIES AS A DELINQUENT COLLECTION ACCOUNT. Buyer also agrees to pay for any attorney fees and court costs Cell Tek incurs resulting from court proceedings from any chargeback against the seller. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies. You agree to allow HIGHSTER MOBILE to publicly post this information online, mail form, reported to local business, news media, blogs, etc.
12a. CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud. Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
13. It is a federal and state offense to install surveillance software onto a phone which you do not have proper authorization.
We absolutely do not condone the use of our software for illegal purposes.
14. Misuse of products
HIGHSTER MOBILE, and its subsidiaries will vigorously prosecute any person, company, corporation and/or organizations suspected of the intentional or unintentional misuse or illegal use of its software.
In order to register and use the software you have purchased from ILF Mobile Apps Corp. you MUST agree to the following conditions.
1. You acknowledge and agree that you own the mobile phone you will install the software onto OR that you have the expressed written consent of the owner to be an authorized administrator of the phone and its users.
2. If you install or attempt to install our software onto a phone which you do not own or have proper consent, we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.
2a. If you attempt to scan for a cell phone for which you do not have proper authorization to scan for we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.
2b. If you purchase our software with the intent to install or scan for a cell phone for which you do not have proper authorization for we will cooperate with law officials to the fullest extent possible. This includes turning over requested customer data, and any other purchase/product related information.
2c. ILF Mobile Apps Corp. and its subsidiaries reserve the right to record all conversations that take place on its telephones. Including but not limited to, digital telephone lines, analog telephone lines, land based telephone lines and digital and analog cellular telephone lines.
2d. You may not use the Bluetooth scanner to scan for or establish a connection with any phone for which you do not have proper written or verifiable verbal authorization for.
3. You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your region to monitor other individuals on your own device. You will never monitor any adult without their valid permission.
4. You agree that we are not liable for any type of damage, litigation, or legal predicaments that may arise due to use or abuse of any HIGHSTER MOBILE product.
We reserve the right to restrict the sale of our program to any person, persons, corporations or entities for any reason.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF HIGHSTER MOBILE AND ILF Mobile Apps Corp. AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HIGHSTER MOBILE AND ILF Mobile Apps Corp.,WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND HIGHSTER MOBILE AND ILF Mobile Apps Corp. RELATING TO THE SUBJECT OF THIS AGREEMENT.