Terms & Conditions

Customer Agreement

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Parties to this Agreement are (1) “MONITORED PERSON” (“MP”), a human being who may in the future be in danger, and who is enrolled in our service, (2) “CLIENT”, the person who enrolls the MP in our service, (“CLIENT” is, individually and collectively, also referred to as “you”, “your”), (3) “FRIEND” who is a person the MP and/or the CLIENT authorizes to report certain events to us, and (4) We The Physicians, Inc. dba kidnap.pro (“kidnap.pro”, also referred to as “we”, “us”, “our”).

If the MP enrolls him/herself in our service, then the MP is also the CLIENT. The CLIENT may also be a parent, Guardian or otherwise authorized to act on behalf of the MP. BY ENROLLING IN AND/OR USING OUR SERVICE, THE CLIENT, ON BEHALF OF YOURSELF AND THE PERSON FOR WHOM YOU ARE RESPONSIBLE, IF ANY, AGREE TO BE BOUND BY AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS:

THE “EFFECTIVE DATE” OF THE AGREEMENT IS THE DATE UPON WHICH YOU ENROL FOR THE SERVICE.  IF YOU DO NOT AGREE TO BE BOUND BY AND ADHERE TO THIS AGREEMENT YOU MAY NOT USE THE SERVICE.

This Agreement is between you and KIDNAP.PRO. It does not create any contractual relationship between you and any person or entity providing any underlying services. KIDNAP.PRO’s mission in this project is to develop and deploy systems and technology that provide reliable and rapid information to Private Investigators and Law Enforcement to assist in locating a human being in danger.  Our initial focus in achieving this mission is to provide a service (“Service”) designed to help locate and rescue a human being who is the victim of a kidnapping, in imminent danger, or is otherwise held illegally against his or her will.

1. Description of the SERVICE: The Service utilizes systems designed to enhance the safety of a MP. It enables a CLIENT or FRIEND to notify us in the event that he/she reasonably suspects that a MP has been kidnapped, and/or is being held illegally against his/her will. After a CLIENT or FRIEND provides notification to us, we will contact Private Investigators, who undertake to search for and locate the MP. The Private Investigators will cooperate with Law Enforcement in the search, location and rescue of the MP.

2. Customer Code of Conduct – CLIENT, individually and on behalf of MP and FRIEND represents and warrants the following:

a. You will provide all information requested by KIDNAP.PRO as completely and accurately as possible, and will take reasonable steps to ensure such information is promptly updated as required. For example, up-to-date photographs and an up-to-date description of the MP is crucial information which is required to immediately notify Private Investigators and law enforcement in the event a MP disappears.

b. In the event of kidnap or disappearance of a MP, you authorize us to report the disappearance of the MP to law enforcement, and to release all information to Private Investigators, Law Enforcement, and the Media which we, in our sole discretion, consider necessary to assist in attempting to locate the MP. You understand that the release of this information may otherwise infringe on your rights to privacy, including your rights under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

c. You will be asked to provide a User Name and one or more passwords to enable us to authenticate your identity, and provide you with access to your account. You agree not to share your User Name or Passwords with any other person. You agree to store the User Name and Passwords in a secure place.

d. You will use the Service only for appropriate legal purposes, and in compliance with all applicable federal, state and local laws and regulations.  A CLIENT may not be younger than 18 years of age. By entering into this Agreement as CLIENT, you represent that you are at least 18 years of age and that you have the authorization or legal capacity to enter into this agreement for the benefit of the MP and to act on behalf of the MP. The CLIENT expressly authorizes the FRIEND to communicate with and provide any information concerning the MP that is deemed relevant by us in the event the MP cannot be located or in the event we reasonably believe that the MP is missing or has been kidnapped. If the MP is younger than 18 years of age, the CLIENT expressly authorizes the FRIEND to exercise his/her rights in the event the MP is kidnapped and/or cannot be located.

e. You will not use the Service to misrepresent that the MP is lost or missing when he is not. You recognize that filing a false, or misleading missing persons report with the police is against the law and expressly prohibited by these Terms and Conditions. You further understand and agree that if you file or cause to be filed a false or misleading report to us that we will incur damages which would be difficult or impractical to calculate with certainty. As a result, in such event, you agree that you will pay us the sum of $5,000.00 as liquidated damages, and not as a penalty, which amount will be immediately due and payable to KIDNAP.PRO.

f. You will not use the Service in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another person.

g. You will not use any KIDNAP.PRO trademark or service mark without the express written consent of KIDNAP.PRO.

3. Privacy Policy: We will use any information we collect from you in accordance with our privacy policy which can be viewed at www.kidnap.pro/privacy

4. Who Can Access My Account and for What Purpose? You authorize us to act upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of email, text messaging, telephone, or other reasonable means to contact you or MP if necessary. In the event that we reasonably believe that MP has been kidnapped, you authorize us to access information relating to MP that we deem relevant including telephone calls, text messaging, instant messaging, e-mail records.

5. Amendment: KIDNAP.PRO reserves the right, in its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, including changes to its pricing, at any time.  KIDNAP.PRO will include such Amendments on the version of this Agreement that is posted on Kidnap.pro Web site (www.kidnap.pro/terms.php) and will notify you by e-mail that the Agreement has been amended.  Amendments to the Agreement will take effect immediately upon being posted to the Web site.  Your continued use of the Services after Kidnap.pro posts an Amendment constitutes your acceptance of and consent to the Amendment.  If you do not accept such an Amendment, you must notify Kidnap.pro within 30 days after Kidnap.pro notifies you of the Amendment that you have elected to terminate the Services rather than accept the Amendment. If you have prepaid for a particular period, any pricing change will not be effective until the termination of such period.

6. Payments, Refunds and Fraud:

a. You are responsible for all charges incurred in connection with the Services regardless of who incurs the charges. You must provide a valid credit card or debit card (“payment card”) and bank account information to Kidnap.pro as part of the registration process, and agree that Kidnap.pro will charge one or more of the said cards or accounts for the Services. You agree to keep all payment information current and to update this information on our website at www.kidnap.pro

b. You must pay an enrolment fee, and the monthly or annual subscription fees in advance, in accordance with the payment option you have chosen online at www.kidnap.pro/registerclient.php.  The payment option or term you have chosen shall hereafter be referred to as the “Payment Period”.

c. In the event that your payment card company and/or bank declines to process your payment, Kidnap.pro may make further attempts to charge the payment card and/or bank account. If payment is again declined, Kidnap.pro may terminate the Service immediately, without penalty or liability to Kidnap.pro. Kidnap.pro will make reasonable attempts to contact you prior to cancelling the Service for non-payment. If you suspect that unauthorized use of your account is taking place, you must notify Kidnap.pro immediately.

d. Although the pricing displayed online at www.kidnap.pro/registerclient.php may be considered current and valid as of the Effective Date of the Agreement, Kidnap.pro reserves the right to change, modify, revise, and update the pricing at its sole discretion. 

e. You are responsible for any and all taxes and expenses that may be incurred related to use of the Service.

f. The Service price stated at www.kidnap.pro is valid as long as the Service is active or until Kidnap.pro exercises it’s right to change the pricing applicable to the Service per this Section 5 of the Agreement.

7. Term and Termination - The term of this Agreement shall commence when the CLIENT first registers for the Services.

a. Kidnap.pro may, with or without cause, immediately terminate this Agreement at any time, and deny you access to or use of the Services.  Without limiting the scope of the foregoing, Kidnap.pro has the right to immediately terminate or suspend your account or use of the Services in the event that you breach this Agreement or engage in conduct that Kidnap.pro, in its sole discretion, violates this Agreement, and/or considers unacceptable.  If this Agreement is terminated, you will no longer be authorized to access or use the Service.

b. You may terminate the Services at any time.  If you terminate the Services prior to the expiration of the Subscription Term: (a) your payment card and/or bank account will be charged $100 as an early termination fee, and (b) either, (i) if you were paying monthly Kidnap.pro will stop charging your payment card within 30 days after receiving notice of the early termination, or (ii) if you paid in advance for the full Subscription Term Kidnap.pro will refund to you within 90 days a pro rata amount for unused Services, as determined by Kidnap.pro.  If not earlier terminated by you or by Kidnap.pro, this Agreement shall automatically be extended, on a month-to-month basis at the monthly rate then in effect.

8. Your Interactions with Kidnap.pro: - We may record and monitor conversations between you and our customer service personnel or emergency service providers to maintain or improve the quality the Service, for Client issue resolution, or for training purposes. Please note that our customer service representatives may also remain on the line if they conference in a third party to assist in completing your request. We will not release any audio or physical records that are created as part of the Service unless required by law or unless we believe that such release will assist us in the performance of our obligations hereunder. For more information about our privacy practices, please visit our privacy policy at www.kidnap.pro/privacy.

9. Limitation of Liability - KIDNAP.PRO MAKES NO REPRESENTATION AS TO THE AVAILABILITY OR EFFECTIVENESS OF THE SERVICE. THE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

10. Kidnap.pro, its affiliates, agents, employees, sub-contractors, and providers of underlying services are not liable to any party for any special, consequential, punitive, direct, or indirect damages for any reliance or use upon the Service, including but not limited to, fees and fines charged by local law enforcement, failure to find an MP, or the failure of the Service to operate. In addition, Kidnap.pro, its affiliates, agents, employees, sub-contractors, and providers of underlying services are not liable to any party for any special, consequential, direct, or indirect damages for any communication or contact between our customers and their search subjects. Additionally, we are not responsible for failure of the Service if such failure is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment failures.

11. KIDNAP.PRO DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU, THE MP OR OTHERS MAY CAUSE TO YOURSELF, THE MP, OTHERS, OR PROPERTY WHEN USING OUR SERVICE. Kidnap.pro has no control over how you may use the Service or how law enforcement and emergency personnel will interact with the Service, including, but not limited to, their ability to locate or care for the MP. We are not responsible for the actions or inactions of law enforcement or emergency personnel, nor does Kidnap.pro guarantee results. You and the MP waive any claim you or the MP might otherwise have, and you and the MP agree not to bring any claim or complaint anywhere, against Kidnap.pro, its affiliates, agents, employees and Wireless Carrier(s) related to the operation or failure of the Service. Use the Service is at your own risk.

12. It is expressly agreed that our maximum liablilty shall be the service fees paid to kidnap.pro in the 12 months preceding any claim.

13. Indemnification - You agree to indemnify and hold Kidnap.pro, its subsidiaries, affiliates, officers, agents, employees, and all applicable third parties (e.g., all relevant marketing partner(s), licensors, licensees and providers) harmless from any claim or losses, including costs, expenses and attorney’s fees, made by any third party arising directly or indirectly out of your use of, or inability to use the Service, or your violation of any rights of other(s). We will promptly notify you of any such claim. In the event that the Service is not used in an appropriate manner Kidnap.pro reserves the right to seek all appropriate remedies at law or equity. Nothing in these Terms of Use is a relinquishment or waiver of Kidnap.pro' rights and remedies.

14. Dispute Resolution By Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

a. Most customer concerns can be resolved quickly and to the customer's satisfaction by sending us an e-mail, or calling our customer service department. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis. Moreover, in arbitration you are entitled to recover attorneys' fees from WTP to at least the same extent as you would be in court.

b. Arbitration Agreement

The Parties hereto agree to arbitrate all disputes and claims between them. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

Claims that may arise after the termination of this Agreement.

References to “WTP”, “kidnap.pro”, "you," and "us" include our respective subsidiaries, affiliates, agents, providers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services, devices, and equipment under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, we and you are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to WTP should be addressed to: Office for Dispute Resolution, We The Physicians, Inc., ℅ Michael Taylor, 5770 Armada Drive, Carlsbad, CA 92008 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If WTP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WTP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WTP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WTP is entitled.

The arbitration will be governed by the Rules of the National Arbitration Forum (“NAF”). The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless WTP and you agree otherwise, any arbitration hearings will take place in the county of San Diego, California. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the NAF Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The prevailing party shall be entitled to the recovery of costs and reasonable attorneys’ fees incurred.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WTP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WTP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding any provision in this Agreement to the contrary, we agree that if WTP makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

15. Intellectual Property Rights

a. Kidnap.pro grants you, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use any software and hardware provided by Kidnap.pro (the “Equipment”) solely in connection with your use of the Services and in a manner that is consistent with this Agreement. 

b. You shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Equipment, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Equipment; © modify, translate, adapt, arrange, or create derivative works based on the Equipment for any purpose; (d) use the Equipment outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement. 

c. The Equipment is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Kidnap.pro or its suppliers or licensors.  All rights not expressly granted in this Agreement are reserved by Kidnap.pro. 

d. The "Kidnap.pro" name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by WTP, or their respective licensors, and may not be used by you without the written consent of Kidnap.pro.

16. This Agreement, including the Privacy Policy at www.kidnap.pro/privacy incorporated by reference, sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes all oral or written communications and understandings between you and Kidnap.pro with respect to the Service and the terms under which the Service is offered and provided. No modification to this Agreement shall be of any force or effect unless reduced to writing and signed by an Officer of WTP.

17. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

18. Any legal action concerning this Agreement or the Service shall be interpreted under the laws of the State of California.  Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the State of California.

19. The failure of Kidnap.pro to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

20. All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, shall survive any expiration or termination.

© Copyright 2010-2011 We The Physicians, Inc.
Revised: August 18, 2011