Last modified: May 1st, 2020.
The OneClickMonitor Monitoring Product or Service may only be used for legitimate and lawful purposes by authorized users, and you are hereby notified that installing or using the OneClickMonitor Monitoring Product or Service for any other purpose may violate local, state, and/or federal law.
OneClickMonitor (“we,” “us,” or “our”) is pleased to welcome you to our website located at https://oneclickmonitor.com/ (our “Site”). Our Site allows you to: (a) learn about, demo, and/or purchase our phone monitoring software, either as a downloadable software subscription accessible via mobile devices or pre-installed on a mobile device purchased through our Site (collectively, our “Software”) and other products and services; (b) interact with us and our Site; (c) connect with customer support resources for our Software; and (d) sign up to be a part of our Affiliate Program. These Terms and Conditions (the “Terms and Conditions”) govern your use of this Site, and your agreement is a condition precedent to using this Site. Please read these Terms and Conditions carefully before proceeding.
PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
You may browse this Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment. This Site or any portion thereof is intended for use outside of the United States of America and its Territories and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In using this Site, you may not:
- Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
- Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
- Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
- Transmit any information, software, or other material that contains a virus or other harmful component;
- Use any software, tool, data, device, or other mechanism to navigate or search this Site, other than generally available browsers or a search engine provided by us;
- Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
- Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
- Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
- Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by the use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- Using this Site to send unsolicited email promotions or advertisements for products or services;
- Forging any TCP/IP packet header or any part of the header information in any email or in any posting; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
- You represent, warrant and agree that you are not located in the United States of America or any of its Territories and that you do not intend to use our product or service on any device in the United States of America or any of its Territories.
- You have the authority and capacity, under the laws of the country or jurisdiction in which you reside, to make representations and be bound by the covenants provided in this Section.
As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and /or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
Digital Millennium Copyright Act
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Support King, LLC
1413 Ave. Ponce de Leon
Suite 401, PMB #5001
San Juan, PR 00907
Attn: DMCA Agent
E-mail Subject: “DMCA Request”
We will not be required to treat any User Content as confidential, and we may use User Content in our business (including, without limitation, for services, products or advertising) or for any other purpose without incurring any liability for royalties or any other consideration of any kind. Subject to existing laws, you waive any moral rights that you may have in any User-Submitted Content.
While we may provide links and locations of third parties who sell products or services online, we cannot control the completion or validity of the transactions of such third parties or the content of their Third-Party Sites; you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).
If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content information, including, without limitation, User-Content made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, PII, that you have posted, transmitted, or otherwise made available there.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, product and service availability, product promotion, pricing information, service and product descriptions, or product shipping charges and transit times. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, AND DIRECTORS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED USD $300.00.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
Unless expressly stated otherwise in these terms, any notices you provide to us shall be given by postal mail to:
Support King, LLC
1413 Ave. Ponce de Leon
Suite 401, PMB #5001
San Juan, PR 00907
Any notices provided by either party by postal mail shall be deemed given three (3) days after the date of mailing.
These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of The Commonwealth of Puerto Rico, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of District of San Juan to apply. Each party will comply with all applicable laws of the countries where it operates, including all anti-corruption, and anti-bribery laws, and with the US Foreign Corrupt Practices Act and the UK Bribery Act.
OneClickMonitor's Products and Services are subject to US sanctions laws and may not be sold or licensed in the United States of America, US Territories or to any party listed on the Specially Designated Nationals List maintained by the U.S. Department of the Treasury ("Restricted Party") or in US sanctioned countries (currently Cuba, Iran, North Korea, Sudan, Syria, and Venezuela)
(The most up-to-date lists can be found at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Support King agrees not to use, transfer, or provide access to the OneClickMonitor Products and Services, (i) to any Restricted Party or (ii) in (or for the benefit of individuals or entities from) USA or such US sanctioned countries. Support King confirms that it is not directly or indirectly owned by, controlled by, owning or controlling or named as a Restricted Party. Support King and its Affiliates may not do OneClickMonitor-Related business with the USA or a Restricted Party under US, EU, and UN law.
The European Union (EU) and The United Nations have imposed sanctions and restrictions that pertain to Telecommunications equipment.
Where It is prohibited to export equipment or software listed in Annex IV of Council Regulation (EU) No 359/2011 intended for use in the monitoring or interception by the Iranian regime of the Internet and of telephone communications in Iran. Related assistance to install, operate or update such equipment or software is also prohibited.
It is prohibited to export telecommunications monitoring and interception equipment, technology or software as listed in Annex III of Council Regulation (EU) No 401/2013 to Myanmar (Burma). Related technical assistance or brokering services are also prohibited, unless the competent authority of the relevant Member State has given prior authorization.
It is prohibited to export telecommunications monitoring and interception equipment, as listed in Annex V of Council Regulation (EU) No 36/2012 to Syria. Related assistance to install, operate or update such equipment or software is also prohibited.
It is prohibited to export equipment, technology or software intended primarily for use in the monitoring or interception by the Venezuelan regime of the Internet and of telephone communications on mobile or fixed networks in Venezuela as listed in Annex II of Regulation (EU) 2017/2063. It is also prohibited to provide telecommunication or Internet monitoring or interception services and related financial and technical assistance.
(The most up-to-date lists can be found at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx | http://www.bis.doc.gov/index.php/the-denied-persons-list and https://www.sanctionsmap.eu/#/main).
Any breach of this Section is a material breach of these Terms and any applicable Agreement for which no grace period shall apply.
Timing of Claims
Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within one (1) year after the claim or cause of action arises.
Arbitration and Venue
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in The Commonwealth of Puerto Rico, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.