Terms Of Service
TERMS
Employee Monitoring Devices (EMD) provides its service (“Service”) to you, subject to the following Terms of Service (“TOS”). The TOS tell you what you can expect from the Service, and what Employee Monitoring Devices expects of you. Employee Monitoring Devices may amend the TOS at any time by posting an amended TOS on our website.
Subscription Agreement for SMS, MMS, and Email Messages
We are pleased to offer you the opportunity to subscribe to our SMS, MMS, and email messages. By subscribing, you will receive updates on our latest products and services, shipment and tracking information, and payment-related communications.
- **Subscription Consent:**
By subscribing, you consent to receive SMS, MMS, and email messages from International Cypress Group, Inc. These messages may include promotional content, order updates, and other relevant information.
- **Message Frequency:**
The frequency of messages will vary based on your engagement and the nature of the communications. You can expect regular updates on our products and services, as well as timely information regarding your orders.
- **Opt-Out Instructions:**
You have the right to opt out of these communications at any time. To stop receiving messages, simply send the word “STOP” in response to any SMS or MMS message. For email communications, you can use the “unsubscribe” link provided at the bottom of our emails.
- **Additional Information:**
If you have any questions or require additional information about our subscription services, please feel free to contact us at info@intlcypressgroup.com.
- **Data Privacy:**
We respect your privacy and are committed to protecting your personal information. Your contact details will be used solely for the purpose of sending you the communications you have subscribed to.
By agreeing to this subscription, you acknowledge that you have read and understood the terms outlined above and consent to receive communications from International Cypress Group.
**To Subscribe:**
Please reply to this message with the word “SUBSCRIBE” to confirm your subscription.
Thank you for choosing International Cypress Group, Inc. We look forward to keeping you informed and engaged with our offerings.
PROHIBITED USES
You agree that you will not:
impersonate any person, including a Employee Monitoring Devices employees or agents on the Service; violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; use the Service in any manner other than as expressly authorized in the TOS; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
OWNERSHIP AND RESTRICTIONS
The license granted in these TOS does not constitute a transfer or sale of Employee Monitoring Device’s ownership rights in the Employee Monitoring Devices Database. Employee Monitoring Devices retains all rights, titles, and interests in and to the Employee Monitoring Devices Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the Employee Monitoring Devices Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the Employee Monitoring Devices Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the Employee Monitoring Devices Database unless expressly authorized in writing in the TOS.
CHILDREN
By registering, installing, and accepting these TOS you represent to Employee Monitoring Devices that you are at least 13 years old. Employee Monitoring Device’s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of Employee Monitoring Device’s products and services unless under the guidance, supervision and consent of their parents, guardians and/or authorized school officials.
EMPLOYEE MONITORING DEVICES PRIVACY POLICY
Certain registration information and other information about you may be collected by Employee Monitoring Devices and through the Service. Employee Monitoring Device’s use of this information is governed by the Employee Monitoring Devices Privacy Policy.
USER WARRANTY
You represent and warrant to Employee Monitoring Devices: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to Employee Monitoring Devices, and (c) you will pay all charges that you incur at Employee Monitoring Device’s then-current rates.
INDEMNITY
You will indemnify and hold Employee Monitoring Devices, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
MODIFICATIONS TO SERVICE
Employee Monitoring Devices reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Employee Monitoring Devices will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION
You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with Employee Monitoring Devices.
LINKS
The Service may provide links to third-party websites. Employee Monitoring Devices has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. Employee Monitoring Devices will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available through these sites.
DISCLAIMER OF WARRANTIES
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Employee monitoring devices expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement related to the service. Any material or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damages or loss of data or email that results from your use of the service. No advice or information, whether oral or written, obtained by you from employee monitoring devices or through or from the service will create any warranty not expressly stated in the TOS. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
Employee monitoring devices will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if employee monitoring devices has been advised of the possibility of these damages), resulting from your use of the service. Under no circumstances will employee monitoring device’s total liability of all kinds arising out of or related to your use of the service (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the greater of (a) the number of fees paid by you to employee monitoring devices in the 12 months prior to the action giving rise to liability, and (b) $100. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy in the TOS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TRADEMARK INFORMATION
Employee Monitoring Devices, the Employee Monitoring Devices logo, and other Employee Monitoring Devices logos, products and service names are trademarks of Employee Monitoring Devices. You must not display or use them in any manner.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by Employee Monitoring Devices to collect fees or recover damages for, or obtain an injunction relating to, Employee Monitoring Device’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Employee Monitoring Devices may seek any interim or preliminary relief from a court of competent jurisdiction in King County, Washington necessary to protect the rights or property of you or Employee Monitoring Devices pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
GENERAL INFORMATION
Employee Monitoring Devices may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Employee Monitoring Devices and governs your use of the Service, superseding any prior agreements between you and Employee Monitoring Devices. You also may be subject to additional terms and conditions that may apply when you use other Employee Monitoring Devices products or services. The TOS and the relationship between you and Employee Monitoring Devices will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in King County, Washington. The failure of Employee Monitoring Devices to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect.