User Agreement

1. User Agreement

This User Agreement describes the terms on which you may access and use our services. Famboogle and Famboogle.com are trademarks of Famboogle, Inc. In order to become a Famboogle user, you must read and accept all of the terms and conditions of this agreement, the Privacy Policy and the Return Policy. In the event of any inconsistency between the Famboogle Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Famboogle service indicates your acceptance of the amended User Agreement.

1.1 Description of Service

Famboogle is the neighborhood content platform that integrates the dynamic lifestyles of socially engaged families with their homes and their local communities. (the "Famboogle Service"). On its web-based platform, Famboogle offers solutions for family needs in the areas of community, finance, security, entertainment and communication.

1.2 Membership Eligibility

The Famboogle Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Famboogle for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their Famboogle account to another party. Users must have their place of residence, or their place of business within the following ZIP codes: 02474, 02476 (Arlington, Massachusetts). Alternatively, users may se Famboogle if they have other meaningful relations within these ZIP codes, such as previous or planned future residence, previous or future place of business, relatives, friends, and relations of similar nature. If you do not qualify, you may not use the Famboogle Service.

1.3 Use of Service

Your use of the Famboogle Service is governed by this User Agreement. Famboogle may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Famboogle of any unauthorized use of your password or account or any other breach of security. Famboogle cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

1.4 Termination

You agree that Famboogle may, with or without cause, immediately terminate your Famboogle account and access to the Famboogle Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Famboogle of a user’s use of the Famboogle Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Famboogle account includes removal of access to all offerings within the Famboogle Service and may also bar you from further use of the Famboogle Service. Furthermore, you agree that all terminations shall be made in Famboogle’s sole discretion and that Famboogle shall not be liable to you nor any third-party for any termination of your account or access to the Famboogle Service.

1.5 User Conduct

You understand and agree not to use Famboogle to:
Use the Famboogle Service for any illegal purpose, including but not limited to conspiring to violate laws. Falsely state, impersonate, or otherwise misrepresent your identity. Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Stalk or harass anyone. Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Famboogle Service. Interfere with or disrupt the Famboogle Service or servers or networks connected to the Famboogle Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Famboogle Service.

1.6 International Use

Famboogle is only offered in the United States of America and will not permit membership of individuals with addresses outside of this territory.

1.7 Information provided on this Website

In the course of using the Famboogle Service, users may provide information about themselves. You understand that by posting materials on the Famboogle website or otherwise providing materials to Famboogle, you are granting to Famboogle a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Famboogle service. Furthermore, you understand that Famboogle retains the right to reformat, excerpt, or translate any materials submitted by you.

1.8 Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Famboogle website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

1.9 No reverse engineering

You understand that Famboogle has developed proprietary hardware, software and processes that enable it to provide an innovative and unique product and service portfolio to it customers. The utilized technology is part of Famboogle’s intellectual property which Famboogle intends to protect. By agreeing to this User Agreement you guarantee that you will not reverse engineer, disassemble or otherwise inspect the hardware, software and processes used by Famboogle for the purpose of copying, interpreting, or otherwise learning about Famboogle’s technlogy. This guarantee includes hardware devices shipped to you by Famboogle. The disassembling of battery-operated devices is permitted for the sole purpose of exchanging the batteries.

1.10 Alarm monitoring service

One of the services provided by Famboogle is a home burglary service which monitors the condition of certain sensors in your home. You understand that the proper connection of the hardware devices provided to you by Famboogle is necessary so that Famboogle can provide you with the monitoring service you may have subscribed to. Famboogle uses certain technology to periodically and remotely verify the status and proper functioning of your system. However, Famboogle does not guarantee the proper functioning of all devices at all times. By agreeing to this User Agreement you understand that (i) Famboogle may not detect a malfunctioning device or system quickly enough to notify you, (ii) Famboogle may misinterpret a malfunctioning device to be functioning, (iii) Famboogle’s remote diagnostic system may fail and not provide any information about the status of your system, (iv) in case of a triggered alarm, Famboogle may fail to forward your information to the Monitoring Team and thus may prevent proper action to be taken. By agreeing to this User Agreement you agree to use sound judgment when connecting, maintaining and servicing your home technology according to the Famboogle Installation Instructions. Famboogle’s alarm monitoring services are outsourced to one 3rd party or several 3rd parties which are reasonably specialized in the fields of alarm monitoring and central station services. You agree to hold Famboogle and Technologies Holdings harmless for any damage caused by the 3rd party monitoring company. For more information, see the Alarm Monitoring Contract.

1.11 Famboogle Communications

In the course of providing you services, Famboogle may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Famboogle Service, including a series of up to five welcome emails which help inform new users about various features of the Famboogle Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Famboogle Service.

12 No guarantee of service

Famboogle and Technologies Holdings Inc does not guarantee that any of its services will be available for an indefinite period of time. You understand that the hardware purchased by you is intended for use with the Famboogle service platform only, and that the hardware is not intended for use with any other service or independently. You understand and agree that if you purchase a Famboogle hardware product and you do not return the product within the terms and conditions of Famboogle’s Return and Refund Policy, you will not be able to return the product later for a refund from Famboogle, even if the service enabling the use of the product is no longer available.

1.13 Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Famboogle Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

1.14 Fees

Signing up for a basic Famboogle account (“Local Package”) is free. Certain other services may be provided for free only to beta users. Famboogle reserves the right to charge for the Famboogle Service or any portion thereof, modify the pricing of, add to, or discontinue the Famboogle Service or any portion thereof without prior notice.

1.14 Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Famboogle Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Famboogle Service; ii) unauthorized access to or alteration of your communications with or through the Famboogle Service, or iii) any other matter relating to the Famboogle Service. Any business transactions which may arise between users from their use of Famboogle are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Famboogle may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Famboogle, its users, and the public.

1.15 Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE FAMBOOGLE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT FAMBOOGLE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. FAMBOOGLE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. FAMBOOGLE 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. FAMBOOGLE MAKES NO WARRANTY THAT (i) THE FAMBOOGLE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FAMBOOGLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FAMBOOGLE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FAMBOOGLE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FAMBOOGLE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMBOOGLE OR THROUGH OR FROM THE FAMBOOGLE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1.16 Entire Agreement

The User Agreement constitutes the entire agreement between you and Famboogle and governs your use of the Famboogle Service, superseding any prior agreements between you and Famboogle.

1.17 Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMBOOGLE SHALL 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 FAMBOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL FAMBOOGLE’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

1.18 Governing Law

The User Agreement between you and Famboogle will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.

1.19 General Information

Famboogle, the Famboogle logo, and other Famboogle logos and names are trademarks of Technologies Holdings, Inc. You agree not to display or use these trademarks in any manner without Famboogle’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement via email to
customerservice@Famboogle.com, or to:
Famboogle, Inc.
400W Cummings Pk
Suite 1725-107
Woburn, MA 01801