The following terms and conditions govern all use of the Child Guardian website ("the Website"), Child Guardian application ("the App"), and all content, services and products available at or through the website and app. The Website is owned and operated by Blue Ocean Interactive Inc. (Blue Ocean). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Child Guardians Privacy Policy) and procedures that may be published from time to time on this Site by Blue Ocean (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website or App. By accessing or using any part of the Website or App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or App or use any services. If these terms and conditions are considered an offer by Blue Ocean, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

General Disclaimer

Child Guardian is a tool to assist you in locating lost children. The App reports the parent/guardian’s device location to the best of its ability. Blue Ocean makes absolutely no guarantees that any position reported by your device is correct or accurate. Blue Ocean also makes no guarantees that communications with the Child Guardian website and server will be available at all times. Further, Blue Ocean will not be held liable for any losses or damages resulting from unauthorized access to your account and corresponding data. In addition, Blue Ocean makes absolutely no guarantees that the use of the Child Guardian service will result in the successful recovery of a lost or abducted child.

User Accounts

Blue Ocean allows you to create a free Account on the Child Guardian system using your email address. You are responsible for the contents of your Account and Account information and Blue Ocean will not be held responsible for deletion, failure to store or unauthorized access to the contents of your Account. The contents of user Accounts are created by persons over whom Blue Ocean does not exercise any control and Blue Ocean does not assume responsibility for any user Accounts.

Subscription Policy (iOS)

Child Guardian offers both a restricted free version, with a limited amount of features, and a paid version that provides access to additional features. Subscriptions can be purchased and renewed on a per-account basis via Apple’s online App Store and installed in order for device tracking to function. If you subscribe for the full version, you will NOT be charged automatically, but will be notified beforehand and given a chance to decide whether to pay the subscription fees or stop using the Child Guardian service.

Mobile Data Usage

As the Child Guardian app communicates with our servers, it sends and receives data that may be transferred over your mobile carrier's cellular network. While the amount of data transferred should be small, you understand that you are responsible for any data charges according to your device's mobile carrier and service plan.

Intellectual Property

This Agreement does not transfer from Blue Ocean to you any Blue Ocean or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Blue Ocean. Child Guardian the Child Guardian logo, and all other trademarks, service marks, graphics and logos used in connection with Child Guardian, or the Website are trademarks or registered trademarks of Blue Ocean or Blue Ocean' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Blue Ocean, Child Guardian or third-party trademarks.

Changes

Blue Ocean reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Blue Ocean may also, in the future, offer new services and/or features through the Website or App (including, the release of new tools and resources) or remove services or features through the Website or App. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Blue Ocean may terminate your access to all or any part of the Website or App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website and App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website and App are provided “as is”. Blue Ocean and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blue Ocean nor its suppliers and licensors, makes any warranty that the Website or App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and App at your own discretion and risk. You will be solely responsible for any loss or damages to your computer system, wireless device, or data resulting from your use of this system. Blue Ocean is in no way liable for any damages incurred to your device or your device's data, directly or indirectly, while using the App and / or Website. While Blue Ocean takes every reasonable precaution to ensure your data is kept secure, we make no guarantees to the security of this data and accept no responsibility should a security breach occur and user information become compromised.

Limitation of Liability

In no event will Blue Ocean, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Blue Ocean shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website and App will be in strict accordance with the Child Guardian Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website and App will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Blue Ocean, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website or App, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Blue Ocean Interactive Marketing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blue Ocean Interactive Marketing, or by the posting by Blue Ocean Interactive Marketing of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website and App will be governed by the Common Laws of Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Calgary, Alberta, Canada. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blue Ocean Interactive Marketing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.