Last updated: February 16th 2016
This Boomerang Terms of Service Agreement (this “Agreement”) is entered into by and between National Education Technologies Inc. (“Boomerang”) and you. This Agreement sets forth the terms and conditions of your use of Boomerang Services (the “Services”).
Your acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
The terms “we”, “us” or “our” shall refer to Boomerang. The terms “you”, “your”, “Subscriber” or “User” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Boomerang, in its sole and absolute discretion, may change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement.
2. DESCRIPTION OF SERVICES
Boomerang is an online mobile device management service that allows you to manage, secure, monitor, find and track your mobile phones, tablets or other computing devices.
Boomerang reserves the right to revoke your privileges, terminate your Account, or take any other measures deemed to be appropriate (as determined by Boomerang in its sole and absolute discretion) to enforce this Agreement.
Boomerang expressly disclaims any liability or responsibility for any loss or damage arising from or related to its deletion of your information, alerts and Account information.
Important: Boomerang is not a spyware and cannot be used as a spyware. Owner of the device must be aware of being monitored and must allow the application to collect personal data and restrict device usage.
In case of violating this agreement, your license can revoked without a refund.
The Subscription begins at the time the Subscriber’s Subscription is activated by Boomerang (other than on a trial basis) and thereafter continues in effect until the date of termination as set forth hereinafter. A Subscription and use and access to the Services may terminate in whole or in part, due to (i) Subscriber’s cancellation, or breach of any of terms of this Agreement – including non-payment of any Fees when due; or (ii) upon expiration of the respective Service subscribed to by Subscriber and non-renewal of such Service. Subscription Fees are non – refundable if Subscriber cancels or the Subscription is terminated for cause. As of the effective date of cancellation or termination, Subscriber shall no longer be able to access or use the particular Services which have been cancelled or terminated.
The Software is licensed and not sold. During a Subscription Period, Boomerang grants Subscriber a revocable, limited, non-transferable, non-exclusive license to access the Boomerang Services and use the Software pursuant to the terms of this Agreement.
To access and use the Services, Subscriber must create an account that is protected by a username and password (“Account”) and Subscriber must keep any passwords and other Account details secret.
With Boomerang’s consent, Subscriber may evaluate the Services for up to thirty (30) days at no cost. Subscriber may evaluate the Services only to determine whether to license the Services. Subscriber may only evaluate the Services once. At the end of the evaluation period, Subscriber must either license the Services or cease all use of such Services.
Beta versions of Services may be provided to Subscriber. If and to the extent such beta versions are provided to Subscriber, they are provided without warranty of any kind, “AS IS” and subject to the Confidentiality conditions above. Such provision is done only for the purpose of assisting Boomerang with testing functionality or compatibility and on the express condition that Subscriber provides Boomerang with truthful, accurate and complete feedback, comments, and analysis in whatever format Subscriber may wish (“Contribution”). Subscriber expressly acknowledges that Subscriber participation in any beta testing is undertaken by Subscriber on a volunteer basis and that Subscriber shall have no right in the beta Services or Contribution, whether in original form (as provided to Subscriber) or in respect of any derivative work (whether or not based upon, in whole or in part, on any participation or feedback Subscriber may make). Notwithstanding the foregoing, Subscriber agrees to grant to Boomerang a royalty – free, perpetual, transferable license to commercially use and sub-license in Boomerang’s sole discretion, any and all Contributions.
3. DISCLAIMER OF WARRANTIES
You agree that use of the Services, data, user content and/or content is entirely at your own risk. The Services, data, user content and content are provided “as-is” and “as available” basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the company explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. The company makes no warranty that the Services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The company makes no warranty regarding the timeliness, accuracy, performance, quality, truth, completeness or reliability of the Services, data, user content and content. The company disclaims any warranties for other Services or goods received through or advertised on the Services, data, user content or content, or accessed through any links on the Services. To the fullest extent permitted by law, the company disclaims any warranties for viruses or other harmful components in connection with the Services, data, user content or content. No advice or information, whether oral or written, obtained from the company or through the Services, data, user content and/or content, will create any warranty not expressly made herein.
4. DATA COLLECTION AND PROTECTION
5. LIMITATION OF LIABILITY
In no event shall the company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Services, data, user content or content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services by any third party, and/or (v) any errors or omissions in any Services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any Services, data, user content or content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or featured in any banner or other advertising, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services.
6. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
7. GOVERNING LAW
The rights and obligations of the parties under this Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Instead, unless expressly prohibited by local law, the rights and obligations of the parties under this Agreement will be governed by the Province of British Columbia, and the laws of Canada applicable therein. Subscriber irrevocably submits to the exclusive jurisdiction of the courts of British Columbia in any proceeding related to this agreement.
8. EXPORT CONTROL
Subscriber agrees that the Services will not be used, shipped, transferred or exported into any country or to anyone: (i) which the EU or UN has embargoed goods; (ii) where the national legislation of the relevant EU Member State has embargoed goods; (iii) listed in any enacted Common Position on restrictive measures imposed by the EU; (iv) on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (v) in any manner prohibited by the EU Common Foreign and Security Policy, the United States Export Administration Act, or any other export laws or regulations. By using the Services, Subscriber represent that Subscriber is not located in, under the control of, or a national or resident of any such country or on any such list and Subscriber takes full and sole responsibility for such use.
9. U.S. GOVERNMENT RIGHTS
If Subscriber is obtaining Software on behalf of any part of the United States Government, the Software and any documentation shall be deemed “Commercial Off the Shelf Software” and “Commercial Computer Software Documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR 12.212 and 52.227-19, as applicable. Any use, modification, revision, release, performance, display or disclosure of the Software shall be governed solely by the terms of this Agreement.