ipredator-inc.-terms-conditions-release-new-york-internet-safety-2

iPredator Inc.

Terms, Conditions, Release Policies

Terms: iPredator Inc., Dr. Michael Nuccitelli and their consultants will provide, through the iPredator.co website, Internet Safety, Cyber Security, Internet Psychology and Digital Forensic Psychology Products & Services. These Products & Services are either paid for or free to website consumers.

Disclaimer of Warranties and Limitation of Liability: You use the website, www.iPredator.co & www.iPredatorinc.com at your own risk. If your use of this site or the products and services therein results in the need for servicing or replacing property, material, equipment or data neither ipredator inc. nor its affiliates are responsible for those costs. the information, software, products and services published on this site may include inaccuracies or typographical errors.

Changes are periodically added to the information herein. iPredator Inc., Dr. Michael Nuccitelli and their consultants may make improvements and/or changes to this site at any time. All information, products and services are provided “as is” and without warranty 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. neither iPredator Inc., Dr. Michael Nuccitelli and their consultants guarantee that their internet safety a cyber security procedures will prevent the loss of, alteration of, or improper access to, your information.

iPredator Inc., Dr. Michael Nuccitelli and their consultants are not responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried by means of internet carriers. iPredator Inc., Dr. Michael Nuccitelli and their consultants make their products & services available “as is” and makes no warranty that the service will be uninterrupted, timely, secure, or error free.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your information and communications technology or loss of data that results from the download and/or application of such material and/or data.

iPredator Inc., Dr. Michael Nuccitelli and their consultants disclaim any liability or responsibility arising out of any claim that your access or use of the services provided infringes any third party’s intellectual property rights. In no event shall iPredator Inc., Dr. Michael Nuccitelli and their consultants be liable for:

A) Any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of the use of this site, whether based on contract, tort, strict liability or otherwise, even if iPredator Inc., Dr. Michael Nuccitelli and their consultants have been advised of the possibility of damages; or

B) Any claims against you by any other party. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification and Release: You agree to indemnify, defend and hold harmless iPredator Inc. and each of its officers, directors, managers, shareholders, members, agents, employees or subsidiaries (each an “indemnified party”) from any liability, loss, claim, damage, cost and expense (including reasonable attorneys’ fees) due to or arising out of, directly or indirectly, your use of this site or service, any breach by you of this agreement or our privacy policy, or your violation of any law or the rights of any third party. changes to site and terms of service iPredator inc. may make modifications, improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. any modifications to this agreement shall be effective immediately upon posting of the modified agreement. accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

TERMS OF SERVICE

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, www.iPredator.co, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by iPredator Inc.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and iPredator Inc., and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein.

We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website. The last update to our Terms of Service was posted on November 23 , 2013.

Definitions: The terms “us” or “we” or “our” refers to iPredator Inc., the owner of the Website. A “Visitor” is someone who merely browses our Website, but has not registered as Member. A “Member” is an individual that has registered with us to use our Service. Our “Service” represents the collective functionality and features as offered through our Website to our Members. A “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video and data offered through our Website are collectively known as our “Content.”

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. iPredator Inc. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property: Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites: Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty or recommendation of such third party websites. iPredator Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms: Our Legal Terms shall be treated as though it were executed and performed in New York, USA, and shall be governed by and construed in accordance with the laws of New York, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of iPredator Inc. under our Legal Terms shall survive the termination of our Legal Terms.

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IPREDATOR INC.

LICENSE AGREEMENT, TERMS & CONDITIONS

Liability Disclaimer: By purchasing an iPredator Inc. product or service, you assume all risks associated with using the products, services and advice given by iPredator Inc., Dr. Michael Nuccitelli and their consultants. You also agree you are responsible for anything that may occur because of putting this information into action in any way, regardless of your interpretation of the products, services and advice given by iPredator Inc., Dr. Michael Nuccitelli and their consultants. You further agree that iPredator Inc., Dr. Michael Nuccitelli and their consultants cannot be held responsible in any way for the success or failure of you, family members or your business because of the information and advice presented.

In summary, you understand that iPredator Inc., Dr. Michael Nuccitelli and their consultants make absolutely no guarantees regarding their products, services or advice, as a result, of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part because of this information.

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

You use the websites, iPredatorInc.com, iPredator.co, DarkPsychology.co, CyberTyger.org and DrInternetSafety.com at your own risk. If your use of these sites or the products and services therein results in the need for servicing or replacing property, material, equipment or data, iPredator Inc. nor its affiliates are responsible for those costs. The information, software, products and services published on these sites may include inaccuracies or typographical errors.

Changes are periodically added to the information herein. iPredator Inc., Dr. Michael Nuccitelli and their consultants may make improvements and/or changes to their websites at any time. All information, products and services are provided “as is” and without warranty 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. Neither iPredator Inc., Dr. Michael Nuccitelli nor their consultants guarantee that their internet safety and cyber security products, services, procedures will prevent the loss of, alteration of, or improper access to, your information and/or safety.

iPredator Inc., Dr. Michael Nuccitelli and their consultants are not responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried by means of internet carriers.

iPredator Inc., Dr. Michael Nuccitelli and their consultants make their products & services available “as is” and make no warranty that the service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or data downloaded or otherwise obtained with the service are done at your own discretion and risk. You will be solely responsible for any damage to your Information and Communications Technology or loss of data that results from the download and/or application of such material and/or data.

iPredator Inc., Dr. Michael Nuccitelli and their consultants disclaim any liability or responsibility arising out of any claim that your access or use of the products & service provided infringes any third party’s intellectual property rights. In no event shall iPredator Inc., Dr. Michael Nuccitelli and their consultants be liable for any direct, indirect, incidental, special or consequential damages arising out of, or in any way, connected with the use of iPredator Inc. sites or with the delay or inability to use their sites, or for any information, products, and services obtained through their sites, or otherwise arising out of the use of their sites, whether based on contract, tort, strict liability or otherwise, even if iPredator Inc., Dr. Michael Nuccitelli and their consultants have been advised of the possibility of damages; or b) any claims against you by any other party. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification And Release: You agree to indemnify, defend and hold harmless iPredator Inc. and each of its officers, directors, managers, shareholders, members, agents, employees or subsidiaries (each an “indemnified party”) from any liability, loss, claim, damage, cost and expense (including reasonable attorneys’ fees) due to or arising out of, directly or indirectly, your use of this site or service, any breach by you of this agreement or our privacy policy, or your violation of any law or the rights of any third party.

Changes to sites and terms of service iPredator Inc. may make include modifications, improvements or changes in the information, services, products and other materials on their sites, or terminate their sites, at any time without notice. Any modifications to this agreement shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically and your continued access or use of their sites shall be deemed your acceptance of the modified agreement.

Return Policy: Since iPredator Inc. is offering non-tangible irrevocable goods and services, we do not issue refunds once the order is accomplished and the product is sent or accessed at any of their websites or third party affiliates. As a customer, you are responsible for understanding this upon purchasing any product or service at our sites. However, iPredator Inc. realizes that exceptional circumstance can take place with regard to the character of the products and services we supply. Therefore, iPredator Inc. honors requests for the refund on the following reasons:

I. Non-Delivery of the Product or Services: Due to some mailing issues of your e-mail provider or your own mail server, you might not receive a delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to iPredator Inc. in writing within 7 days from the order placing date. Otherwise, the product and services will be considered received and/or downloaded.

II. Major Defects: Although all iPredator Inc. products and services have been thoroughly tested and reviewed before release, unexpected errors may occur. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a customer, the refund will be issued to the customer in full without any compensations or reimbursements. At customer’s choice, replacement of the product of the same or around the same value can be offered.

III. Product or Services Not as Described: Such issues should be reported to iPredator Inc. within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product or service is not as it is described on the website. Complaints, which are based merely on the customer’s false expectations or wishes, are not honored. Sample products and services descriptions are available at iPredator.co. Please note that we do not bear any responsibility and therefore we do not satisfy any refund, return, exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.) other than those, which are specified as compatible in a description available on the preview page of each product.

We do not guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications. iPredator Inc. is always eager to assist you and deliver highly professional support in a timely manner. Thank you for purchasing our products or services.

LICENSE AGREEMENT

IPI & IISC COLLECTION PURCHASES

Important-Read Carefully: This iPredator Inc. License Agreement (“License” or “Agreement”) is a legal agreement between You (either an individual or an entity, who will be referred to in this License as “You” or “Your”) and iPredator Inc. for the use of the IPI Collection Inventories & IISC Collection Checklists, and which may include associated media and printed materials. By purchasing, installing, copying, downloading, accessing or otherwise using iPredator product & services, you agree to be bound by the terms of this iPredator Inc. license agreement. If you do not agree to the terms of this agreement you have no rights to the product and should not purchase, install, copy, download, access or use the product. The Product is protected by copyright laws as well as other intellectual property laws.

THE PRODUCT IS LICENSED AND NOT SOLD

I. Grant of License: iPredator Inc. grants you a non-exclusive, nontransferable license to use the Product subject to all the terms and conditions set forth here within.

II. Additional Limitations: You may not reverse engineer, de-compile or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not sell, rent, lease, lend or transfer the Product, or host the Product for third parties. The Product is licensed as a single integral product; its component parts may not be separated for use. It is illegal to make unauthorized copies of the Product. The IPI Assessment Collection Inventories & IISC Collection Checklists may not be resold by either You or a third party customer without the prior written permission of iPredator Inc. All rights not expressly granted to you are retained by iPredator Inc.

SUPPORT AND MAINTENANCE

TERMS AND CONDITIONS

I. Support: iPredator Inc. will provide email and telephone support to you for current versions of the Product if requested. iPredator Inc. will investigate all of your questions and problems promptly. You agree to provide adequate information to iPredator Inc. to assist in the investigation and to confirm that any problems have been resolved. iPredator Inc. does not provide guaranteed response time but will make good faith effort to answer emails and voice mails within twenty-four (24) hours or less during weekdays, excluding holidays.

II. Maintenance: iPredator Inc. will supply to you, at no additional charge, any improvements, upgrades, or modifications to the product that iPredator Inc. makes generally available. Any such improvements, upgrades or modifications shall become part of the product for all purposes of this agreement. You acknowledge and agree that the Maintenance to be provided by iPredator Inc. here under is limited to the most current version of the Product and the immediately preceding version.

III. Payment Terms: Unless explicitly set forth in this agreement, all fees and other amounts due under this agreement are non-cancelable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within in full prior to receipt of the product.

IV. Consent to Use of Data: If iPredator Inc. provides any support services to you, you agree that iPredator Inc. may collect and use all information you provide as a part of any such support services related to the product. iPredator Inc. agrees not to use this information in a form that personally identifies you.

V. Intellectual Property Rights: Subject to the license grant hereunder, all right, title and interest in and to the product, the accompanying printed materials and any copies of the product are owned by iPredator Inc. and its licensors.

VI. Limit of Liability and Exclusion of Incidental, Consequential and Certain Other Damages: To the maximum extent permitted by applicable law, in no event shall iPredator Inc., its authorized re-sellers or their subsidiaries be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of iPredator Inc., even if iPredator Inc. has been advised of the possibility of such damages.

VII. Limitation of Liability and Remedies: Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of iPredator Inc., its resellers and their subsidiaries under any provision of this license and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

VIII. Compliance with Licenses: If you are a business, company or organization, you agree that upon request from iPredator Inc. or its authorized representative, you will within thirty days fully document and certify that use of all iPredator Inc. products at the time of the request is in conformity with your valid licenses from iPredator Inc.

If you have questions, feel free to call iPredator Inc. anytime at (347) 871-2416 in New York or by sending correspondence using this website’s contact page by clicking on this link: Contact Us Dr. Nuccitelli or an iPredator Inc. associate return all contacts within 24 hours.

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Michael Nuccitelli, Psy.D.

Michael Nuccitelli, Psy.D. is a NYS licensed psychologist, cyberpsychology researcher and online safety educator. In 2009, Dr. Nuccitelli finalized his dark side of cyberspace concept called iPredator. Since 2010, he has advised those seeking information about cyberbullying, cyberstalking, cybercriminal minds, internet addiction and his Dark Psychology concept. By day Dr. Nuccitelli is a practicing psychologist, clinical supervisor and owner of MN Psychological Services, PLLC. After work and on the weekends, he volunteers helping online users who have been cyber-attacked. Dr. Nuccitelli’s is always available to interested parties and the media at no cost. This website and everything created by Dr. Nuccitelli is educational, free and public domain.

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