Privacy Policy

1. Introduction

1.1 Any application provided by DISCONNECT NOW, including but not limited to: our entire website located at https://www.disconnectnow.com/; the “Disconnect Now” or “Disconnect Now Child Application” mobile device applications and any update thereto or version thereof; or any other application related to the Parent Blocked Child Application or provided by DISCONNECT NOW; shall be referred to individually and collectively in this Agreement as “APP.” APP is licensed to you subject to the terms of this Agreement. This Agreement forms a legally binding contract between you and DISCONNECT NOW in relation to your use of APP. DISCONNECT NOW is a California corporation with principal place of business at 11751 HIGHVIEW, SANTA ANA, CA 92705.

2. Accepting this Agreement

2.1 In order to use APP, you must agree to this Agreement. You may not use the APP if you do not accept this Agreement. 2.2 By clicking to accept or by using APP, you hereby agree to the terms of this Agreement. 2.3 You may not use APP and may not accept the Agreement if you are a person barred from receiving APP under the laws of the United States or any other country, including the country in which you are resident or from which you use APP. 2.4 If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept the Agreement or use APP on behalf of your employer or other entity.

3. DISCONNECT NOW’s Proprietary Rights.

3.1 You acknowledge and agree that DISCONNECT NOW (or DISCONNECT NOW’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to APP and all of the service and content provided by DISCONNECT NOW, including any intellectual property rights that subsist in the service and content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

3.2 DisconnectNow™, disconnectnow.com, and any other service name or slogan contained in APP are trademarks of DISCONNECT NOW and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DISCONNECT NOW or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “DISCONNECT NOW” or any other name, trademark or service name of DISCONNECT NOW without our prior written permission. In addition, the look and feel of APP, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DISCONNECT NOW and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, service names and company names or logos mentioned in APP are the property of their respective owners. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

4. Permitted Uses.

4.1 You agree to use APP only for purposes:

• that are permitted by this Agreement;
• that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and (c) that comply with all applicable policies or guidelines made available by DISCONNECT NOW
• for the application’s intended purpose and function.

4.2 You represent and warrant that:

• All of your registration and account information is true, accurate and complete.
• You will maintain the security of your password.
• You accept all responsibility for all activity that occurs under your user name.

4.3 Content Policy: DISCONNECT NOW respects your rights and does not wish to censor any text and other materials (collectively “Content”) you may use or create in connection with APP. DISCONNECT NOW has established the rules set forth below with respect to Content. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by DISCONNECT NOW in its sole discretion. DISCONNECT NOW may review, but does not have the obligation to review any Content. You understand that by using APP, you may be exposed to Content that is objectionable. The decision by DISCONNECT NOW not to take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

By using APP, you acknowledge and agree that:

• All Content that you posted on or transmitted through APP is your sole responsibility.
• Under no circumstances will DISCONNECT NOW be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via APP.
• If you post Content to APP, unless we indicate otherwise, you grant DISCONNECT NOW and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content in connection with: (i) providing and promoting APP; and/or (ii) exercising the rights granted in this Agreement.
• You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
• You may not upload, publish post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by DISCONNECT NOW
• You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age and/or sexual orientation/gender identity.
• You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
• You may not upload, publish, post, distribute or disseminate any Content that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
• You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
• You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
• Your use of APP and all Content you posted on, transmitted through or linked from APP is in compliance with the rules set forth in this Agreement and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of APP, our business and our systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and posted Content. Our right to disclose any such information will supersede any terms of the Privacy Policy.

4.4 Limited License and Restrictions: We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of APP and Content solely in accordance with, and subject to, this Agreement and any other of our policies as posted on APP. Except as otherwise expressly permitted by this Agreement, you may not: (i) collect, use, copy or distribute any portion of APP or Content; (ii) resell, publicly perform or publicly display any portion of the APP or Content; (iii) modify or otherwise make any derivative uses of any portion of APP or Content; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of APP; (v) use APP in a manner which results in the depletion of Web site infrastructural resources; or (vi) use APP or Content other than for their intended purposes. You shall not, and shall not permit any third party to, disassemble, reverse engineer, attempt to find the underlying code of, or decompile APP or any part thereof, or cause APP to be subject to the terms of any open source software license. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform DISCONNECT NOW in writing in each instance prior to engaging in the activities set forth above.

5. Privacy and Information

5.1 In order to continually innovate and improve APP, DISCONNECT NOW may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software and information on which tools and/or services in APP are being used and how they are being used.

5.2 The data collected is examined in the aggregate to improve APP and is maintained in accordance with DISCONNECT NOW’s Privacy Policy as described in 6.

6. DISCONNECT NOW’s Privacy Policy

6.1 Types of Information That May Be Collected

• Information You Provide Us: In order to take advantage of some of APP’s features, we may ask you to explicitly provide us with certain information (including, but not limited to: your name, email address, location). Personal information that you provide to us for such features may be collected via the APP.
• APP Usage Information: We may receive and store certain types of information (such as the number of requests for a specific data item) whenever you use APP.

6.2 How Information May Be Collected

• Registration: You may be asked first to complete a registration form and provide personally identifiable information, in order to take advantage of certain features APP may choose to offer. Participation in registration is voluntary and you will have the opportunity to decide whether or not to disclose information to APP.
• Surveys or Polls: On occasion, we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to take part in a survey/poll.
• IP Addresses and Click-stream Data: We may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. Our computers identify your mobile device by its IP address. When you request data from APP, our computers log your IP address. Click-stream data is information collected by our computers when you request data using APP. Click-stream data may include such information as the data served, the time, the source of the request, the type of mobile device making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at APP, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

6.3 How We Use the Information Collected. As applicable, the information you provide to us may be used to:

• Contact you about APP;
• Monitor or improve the use of APP; and/ or
• Customize the advertising and content you see.

6.4 With Whom the Information May Be Shared. At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others. Except as expressly set forth below, we do not share, sell, rent or trade personally identifiable information with third parties for their promotional purposes.

• Aggregate Information: We may share aggregate information such as demographics and usage statistics with the team, advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
• Partners Subsidiaries and Affiliates: We may share your information (including, without limitation, personally identifiable information) with our subsidiaries and affiliates.
• Business Transfers: In the event that all or substantially all of our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected and saved may be one of the business assets we transfer.
• Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

6.5 Links to Other Web Sites. This privacy policy applies only to APP. When you are on APP you could be directed to other sites beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off APP onto a different Web site. This includes links from advertisers, sponsors and others that may use APP’s name as part of a co-branding agreement. These other Web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to any form or feature of APP, including our website, you should consult that site’s privacy policy before providing any personal information.

6.6 Security. APP and the computers that supply data to APP incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect, and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Only those employees who need access to your information in order to do their jobs are allowed access. Our security policies are reviewed periodically and revised as required.

6.7 YOUR ACCEPTANCE OF THE PRIVACY POLICY AND NOTIFICATION OF CHANGES TO THE POLICY. BY USING APP, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF OUR PRIVACY POLICY. WE MAY AMEND THIS PRIVACY POLICY AT ANY TIME. IF WE MAKE A MATERIAL CHANGE TO THE WAY IN WHICH WE COLLECT, USE, AND/OR SHARE YOUR PERSONAL INFORMATION, WE WILL POST A NOTIFICATION ON APP.

6.8 Your California Privacy Rights. A California privacy law that went into effect on January 1, 2005, allows California residents to obtain specific information about a business’s privacy practices if it shares information with other companies for those companies’ direct marketing purposes. As explained in this privacy policy, whenever you agree to let us collect personal information about you, we will always provide you with an option to prevent this information from being shared for non-administrative purposes with third parties. You can exercise this option at any time by following the steps outlined above.

7. Third Party Applications

7.1 If you use APP to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that DISCONNECT NOW is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that DISCONNECT NOW is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.

7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.

7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, this Agreement does not affect your legal relationship with these third parties.

8. Using APIs

8.1 If you use any API to retrieve data from DISCONNECT NOW, you acknowledge that the data may be protected by intellectual property rights which are owned by DISCONNECT NOW or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service.

8.2 If you use any API to retrieve a user’s data from DISCONNECT NOW, you acknowledge and agree that you shall retrieve data only with the user’s explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so.

9. Terminating this Agreement

9.1 You agree that DISCONNECT NOW may, without prior notice, immediately terminate, limit your access to or suspend your APP service. Cause for such termination, limitation of access or suspension shall include without limitation: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to APP (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in DISCONNECT NOW’s sole discretion and that DISCONNECT NOW shall not be liable to you or any third party for any termination of your account, any associated email address, or access to APP.

9.2 Furthermore, DISCONNECT NOW may at any time, terminate this Agreement with you if: (A) DISCONNECT NOW is required to do so by law; or (B) the partner with whom DISCONNECT NOW offered certain parts of APP (such as APIs) to you has terminated its relationship with DISCONNECT NOW or ceased to offer certain parts of APP to you; or (C) DISCONNECT NOW decides to no longer provide APP or certain parts of APP to users in the country in which you are resident or from which you use the service, or that provision of APP or certain APP services to you by DISCONNECT NOW is, in DISCONNECT NOW’s sole discretion, no longer commercially viable.

9.3 All provisions that reasonably ought to survive termination of this agreement shall survive, including without limitation provisions for Indemnification, Limitation of Liability, and Governing Law and Forum.

10. DISCLAIMER OF WARRANTIES

10.1 UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, APP AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH APP ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT APP OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF APP. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO APP AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; AND (IV) THAT THE INTERNET SITE CATEGORIZATION METHODS OF APP OR CONTENT SHALL BE CORRECT OR ACCURATE IN ALL SITUATIONS OR INSTANCES. END USERS MAY NOT AGREE WITH THE CATEGORIZATION OF ANY INTERNET SITE. WE SHALL NOT HAVE ANY LIABILITY IN RESPECT OF CLAIMS THAT ANY SPECIFIC INTERNET SITE SHOULD BE CATEGORIZED DIFFERENTLY THAN THE CATEGORIZATION APPLIED BY APP OR CONTENT. MOREOVER, THE CATEGORIZATION OF ANY INTERNET WEBSITE IN ONE CATEGORY AND THE LATER CATEGORIZATION OF THE SAME WEBSITE IN A DIFFERENT CATEGORY SHALL IN NO EVENT BE DEEMED EVIDENCE THAT THE INITIAL CATEGORIZATION OF A WEBSITE WAS INCORRECT, AND SHALL IN NO EVENT ACT TO IMPOSE ANY LIABILITY ON LICENSOR.

11. LIMITATION OF LIABILITY

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCONNECT NOW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA OR ALTERATION OF TRANSMISSION OR CONTENT, WHETHER OR NOT DISCONNECT NOW OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11.2 YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM USING APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DISCONNECT NOW OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR CAR ACCIDENT, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE APP, SUCH AS ANY FAILURE OF APP TO BLOCK OTHER APPLICATIONS, OR TO ALLOW DRIVER TO CALL PARENT OR GUARDIAN OR AN EMERGENCY NUMBER SUCH AS “911” WHEN BLOCKING APPLICATIONS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DISCONNECT NOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR APP. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11.3 YOU EXPRESSLY AGREE THAT DISCONNECT NOW IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF APP AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH APP ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION. YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DISCONNECT NOW AND YOU AND THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND DISCONNECT NOW YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THE LIMITATION OF LIABILITY DISCONNECT NOW WOULD NOT PROVIDE APP TO YOU. ADDITIONALLY, NO ALERT SENT BY APP SHALL SERVE AS REASONABLE NOTICE OF A DEFECT OR WANT OF REPAIR SO AS TO MANDATE ACTION BY DISCONNECT NOW UNDER ANY LAWS. DISCONNECT NOW IS NOT RESPONSIBLE FOR ANY DAMAGE OR ANY INJURIES RESULTING FROM ANY POTHOLE, ROAD DEFECT, OR ROADWAY IN WANT OF REPAIR ENCOUNTERED BY A DRIVER WHILE USING APP.

11.4 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

12. Indemnification

12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless DISCONNECT NOW, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of APP, (b) any application you develop on APP that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this Agreement.

13. Changes to the Agreement

13.1 We reserve the right to change or modify any provisions of this Agreement and any policies or guidelines governing your use of APP, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of the revised Agreement on APP (on our website, and also in the “Settings” section of our mobile applications). You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of APP following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review this Agreement and all applicable policies or guidelines on APP in order to understand the terms and conditions applicable to your use of APP. If you do not agree to any changes or modifications to this Agreement or to any applicable policies or guidelines, your sole recourse is to stop using APP.

14. Electronic Communication: Notwithstanding any terms to the contrary in this Agreement, DISCONNECT NOW may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with DISCONNECT NOW or upon registration with APP; or (ii) posting messages that are displayed to you when you log in to or access APP. DISCONNECT NOW’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to this Agreement (though DISCONNECT NOW is not required to give notice, other than posting on APP), any notices required under applicable law and any other notices. You agree to do business electronically with DISCONNECT NOW, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

15. Notices and Procedure for Making Claims of Copyright Infringement: If you believe that anything on APP infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Address of Designated Agent to Which Notification Should be Sent:

DISCONNECT NOW

11751 HIGHVIEW

SANTA ANA, CA 92705.

E-Mail Address of Designated Agent: support@disconnectnow.com

To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of a 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 a single online site are covered by a single notification, a representative list of such works at that 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 the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on APP, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DISCONNECT NOW has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of DISCONNECT NOW, account holders who are deemed to be repeat infringers. DISCONNECT NOW may also at its sole discretion limit access to APP and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. MINORS: THIS SERVICE IS NOT MEANT FOR MINORS UNDER THE AGE OF 13. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. APP is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target APP to children under 13. You represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement. If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use APP, you agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of APP, and (3) the consequences of any use of APP by such Minor; and you acknowledge and agree that DISCONNECT NOW, via APP, will of necessity have a list of every application on such Minor’s mobile device.

17. REPORT OF VIOLATION: If you believe there is a violation of this Agreement and you would like to report it to us, please direct the information to support@disconnectnow.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with this Agreement or other applicable agreements between us and the alleged violator, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.

18. INTERSTATE DATA TRANSMISSION WITHIN UNITED STATES: You acknowledge that in using APP, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of APP may result in interstate data transmissions.

19. INTERNATIONAL DATA TRANSMISSION: Your data may be stored and processed in any country where we have facilities, for example Ireland and the United States, and by using APP you consent to the transfer of your Personal Information to countries which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your data being transferred or used as described in this Policy, please do not use APP.

20. SUBMISSIONS: By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to DISCONNECT NOW through its suggestion or feedback pages, you acknowledge and agree that: a) your Submissions do not contain confidential or proprietary information; b) DISCONNECT NOW is not under any obligation of confidentiality, express or implied, with respect to the Submissions; c) DISCONNECT NOW shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; d) DISCONNECT NOW may have something similar to the Submissions already under consideration or in development; e) your Submissions automatically become the property of DISCONNECT NOW without any obligation of DISCONNECT NOW to you; f) you are not entitled to any compensation or reimbursement of any kind from DISCONNECT NOW under any circumstances.

21. General Legal Terms

21.1 This Agreement constitutes the whole legal agreement between you and DISCONNECT NOW and governs your use of APP (excluding any services which DISCONNECT NOW may provide to you under a separate written agreement), and completely replaces any prior agreements between you and DISCONNECT NOW in relation to APP.

21.2 You agree that if DISCONNECT NOW does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which DISCONNECT NOW has the benefit of under any applicable law), this will not be taken to be a formal waiver of DISCONNECT NOW’s rights and that those rights or remedies will still be available to DISCONNECT NOW.

21.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable. Upon determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

21.4 You acknowledge and agree that each member of the group of companies of which DISCONNECT NOW is the parent shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiary to this Agreement.

21.5 EXPORT RESTRICTIONS. APP MAY BE SUBJECTED TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO APP. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.

21.6 The rights granted in this Agreement may not be assigned or transferred by either you or DISCONNECT NOW without the prior written approval of the other party. Neither you nor DISCONNECT NOW shall be permitted to delegate their responsibilities or obligations under this Agreement without the prior written approval of the other party.

21.7 This Agreement, and your relationship with DISCONNECT NOW under this Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and DISCONNECT NOW agree to submit exclusively to a state or federal court located within the county of Orange, California, to resolve any legal matter arising from this Agreement, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objection to such court. Notwithstanding this, you agree that DISCONNECT NOW shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

21.8 The section titles in this Agreement are for convenience only and have no legal or contractual effect.

22. Refund Policy

22.1 The APP subscription access fee (e.g., monthly or yearly) will be charged immediately following your registration of payment source (e.g. your credit card or in-app purchase through iTunes and Google Play), and will be transferred to DISCONNECT NOW  Future subscriptions will then be processed based upon your selection of monthly or yearly payment term on a date exactly one month or one year, as applicable, from your registration or last renewal date.  All payments are non-refundable.  This refund policy shall apply at all times regardless whether termination of service is due to your decision to terminate usage of APP, DISCONNECT NOW’s decision to terminate your participation in APP, disruption caused to APP that is planned, intentional, or accidental, or any other reason whatsoever within DISCONNECT NOW’s sole discretion.