Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing This Website.

Effective Date: This Terms of Use Agreement was last updated on February 1st, 2007

This Terms of Use Agreement sets forth the standards of use of the Retina X Studios web site. By using the retinaxstudios.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at retinaxstudios.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Retina X Studios is providing Member with access to monitoring software solutions and services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by Retina X Studios on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Retina X Studios makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Retina X Studios shall have no liability for any interruptions in the use of this Website. Retina X Studios disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

RETINA X STUDIOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RETINA X STUDIOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION OR SERVICES CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RETINA X STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Retina X Studios, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Retina X Studios reserves the right to modify or discontinue the Service with or without notice to the Member. Retina X Studios shall not be liable to Member or any third party should Retina X Studios exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Retina X Studios does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Governing Jurisdiction of the Courts of Arizona

Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.

8. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 retinaxstudios.com, with all rights reserved, or is the property of Retina X Studios and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Retina X Studios is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Retina X Studios.

All other trademarks displayed on Retina X's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Retina X Studios.

10. Refund Policy

Retina X Studios software sales are final. By agreeing to purchase a product or service, you agree that the decision is final. RXS does not grant refunds for simply changing your mind about a purchase. If a problem with the software or service occurs, support staff will work with you to solve the problem. If the problem can not be resolved then a refund will be issued. There are absolutely no refunds after 30 days.

Due to the nature of RXS software, some anti virus, anti spyware or other software might detect or hinder the operation of RXS software. It is up to the user to ensure a proper operating environment for our software. Refunds are not issued due to software confliction because RXS software can run fine by properly configuring your anti virus or anti spyware with our help.

It is the responsibility of the customer to install software to their computer. Although some RXS software contains remote install capabilities, this added feature is just one benefit which works for most situations. RXS does not issue refunds for software if the remote user refuses to run it. The customer can still install the software locally.

11. Other Terms

It is a federal and state offense to install monitoring/surveillance software on a PC of which you do not own. Check all state, federal and local laws before installing any spy software. You must always notify a person they are being monitored if they are over the age of 18. You must be over the age of 18 to purchase RXS software.

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by [Insert Name of Company], in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.