ParentObserve Terms and Conditions ("Agreement") for Child Care Facility

This Agreement was last modified on October 2, 2014.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://ParentObserve.com("the Site") operated by Ident-A-Kid Services of America, Inc. ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://ParentObserve.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

These ParentObserve Service Terms and Conditions (the "Service Terms") are a legally binding agreement between I.S.A., Inc. ("ParentObserve," "we" "our" or "us") and you, the Child Care Facility ("you," "your" or "yours"), and describe the terms under which you agree to use the ParentObserve Child Care Observation services, and any other service or product which may be made available to you by us for which you have registered or enrolled or have been registered or enrolled by an authorized third party (collectively the "Services" and individually a "Service"). In these Service Terms we may use the term "Registered Facility" which refers to a customer that is enrolled in one of our fee-based Services.

Both our Privacy Policy and our Website Terms of Use, which apply to our website (our "Site") and your use of our Site, are available here and are incorporated by reference into these Service Terms.

You represent that you are a natural person over eighteen (18) years of age, that your access to or use of the services does not violate applicable laws, and that you agree with all the terms of these service terms. You may terminate your registration in the services at any time provided there are no enrollees (parent users) with time remaining in their account and provisions and obligations described below have been met.

Your use of the services constitutes your acceptance of these service terms. We may change, update, add or remove provisions of these service terms at any time by posting those changes on our site. Your continued use of the services after such posting shall constitute your acceptance of such changes to these service terms. If you do not agree with any of the updated services terms you must stop using the services.

Child Care Facility Provisions and Obligations

· It is understood that you, the Child Care Facility, will receive the number of wireless cameras requested by you, FREE of charge, provided the parent enrollment quotas are met within the "enrollment period".

· It is understood that you will make your best efforts to provide at least ten paid enrollments for each camera unit ordered.

· When you request the cameras, you will be asked to provide a credit card and a hold may be put on your credit card by Paypal (or some other approved secure vendor) in the amount of $99 per camera requested.

· If you are unable to reach the enrollment quotas (10 per camera) within 30 days of installation, it is understood that you will pay for or return the camerasor your credit card may be charged $99 per camera. See our website for more details.

· You will be redirected to PayPal to process your shipping. Your card will be charged in the amount of $10USD.

Payment

The ParentObserve services require payment by or on behalf of you, via a valid credit or debit card or other payment method, to us. By providing such payment information to us or permitting such to be provide on your behalf, you represent that you are authorized to request transactions using the payment method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (a) submit a transaction using the card information provided to us; Further, it is agreed that past due amounts will be automatically charges to the payment method on file. It is agreed, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.

Changes to Service

We reserve the right to change, modify, add to, discontinue, or retire any Service and/or any aspect or feature of a Service at any time. We shall provide notice of changes to products and services by posting them on the Site. We have no obligation to provide you with direct notice of any such changes in any other manner. If any change(s) involve the payment of additional fees, we will provide you with the opportunity to approve such fees. If you fail or refuse to approve such fees, we may, in our sole discretion, terminate your current enrollment or use, continue to support your current Service(s) without the change, or replace your Service(s) with other Service(s). If we terminate your current registration in or use of any Service(s) on account of your failure or refusal to approve such fees, then we shall refund, on a pro-rated basis based on the remaining term of the current fee. If we update any Service without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Service after obligations are met.

Term

The term of these Service Terms will continue until terminated by you or us, in accordance with the below. We may terminate these Service Terms at any time upon notice to you, with or without cause. Unless terminated by you, your enrollment in the Services shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by us from time to time. Where authorized by you during the Registration Process or later, we will automatically charge your designated payment method upon renewal, unless you first terminate your use of the Services prior to the expiration of the then-current registration term.

Privacy

For more information about our Privacy Policy, please visit http://ParentObserve.com/PrivacyPolicy

Intellectual Property

We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, our App (including the Data) as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services and our App.

Local Law

We control and operate the app and services from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the app or services outside the United States of America, you are responsible for following applicable local laws. By using the app or services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

Disclaimer of warranties

Unless otherwise explicitly stated, ParentObserve, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the services, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented in the services. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the services, and any information or material contained or presented through the services is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. ParentObserve does not provide any warranties against viruses, spyware or malware that may be installed on your computer.

Limitations of liability

ParentObserve, our affiliates, our respective licensors, licensees, and service providers shall not be liable for any indirect, incidental, special, consequential, extraordinary, exemplary or punitive damages, or any other damages whatsoever (however arising), arising out of, relating to or resulting from your use or inability to use or access the services, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses (even if we have been advised of the possibility of such damages. Without limiting the foregoing limitation of liability, in the event we are found liable for damages to you in a competent legal proceeding our aggregate liability for all claims arising out of or related to these service terms is limited to the lesser of (a) one thousand U.S. dollars ($1,000) or (b) the amounts paid to us for the services that are the basis of the claim in the twelve (12) months preceding the date of the claim. Some jurisdictions do not allow certain limitations on liability. Only limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

Jurisdiction

These Service Terms and any Services provided hereunder will be governed by the laws of the State of Florida, without regard to any laws that would direct the choice of another state's laws and, where applicable, will be governed by the federal laws of the United States.

Indemnification

You will indemnify and hold ParentObserve (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Service Terms, or your violation of any law or regulation, or the rights of any third party.

General

Neither these Service Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Service Terms must be in writing, signed by ParentObserve, and any such waiver shall not operate as a waiver of any future breach of these Service Terms. In the event any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed from these Service Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Service Terms, and all documents incorporated into these Service Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Service Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Service Terms. These Service Terms are solely and exclusively between you and ParentObserve and you acknowledge and agree that (i) no third party, including a third-party partner of ParentObserve is a party to these Service Terms, and (ii) no third party, including any third-party partner of ParentObserve has any obligations or duties to you under these Service Terms.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Ident-A-Kid Services of America has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Contact Us

If you have any questions about this Agreement, please contact us. Toll-Free (800)890-1000 Option 5 or email info@parentobserve.com