This web site ("Site") is owned, operated and provided to you ("You" "Your") by Business Growth Platform, LLC d/b/a NoFoN ("NoFoN" "We"). If You proceed to use the NoFoN resources located at this Site, You agree to abide by these Terms of Use and to our Privacy Policy (see link below). If You do not wish to abide by these Terms of Use (or to the Privacy Policy and any disclaimers posted elsewhere on the NoFoN Site) then You may not use this Site. NoFoN may from time to time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to review the current Terms of Use, so You are aware of any such revisions to which You are bound. Your continued use of this Site and the resources enabled by the Site will signify and represent Your acceptance of the current Terms of Use.
Description of Resources
Through this Site, NoFoN provides You with access to a variety of resources, including product and service plan information and the remote Management Console feature (collectively "Resources"). The Resources, including any updates, enhancements, and new features are subject to the Terms of Use.
Personal and Non-Commercial Use Limitation
The contents of this Site, including the text, images, applications, audio and video (collectively referred to herein as "Materials") and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from or contained in the Resources, or utilized in connection with the Resources without prior written permission from NoFoN.
Password and Security
If any of the Resources require You to register with NoFoN, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You authorize NoFoN to assume that any person using the Site with Your password and user name either is You or is authorized to act for You. You agree to notify NoFoN immediately of any unauthorized use of Your account or any other breach of security. NoFoN will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by NoFoN or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Privacy
Please review NoFoN's Privacy Policy located at www.NoFoNZone.com/privacy-policy.html, which is incorporated herein by reference (the, "Privacy Policy"). When You use the remote Management Console to set allowable and non-allowable communications for your device, You are instructing NoFoN to set a particular policy or polilcies on any devices registered to your account. Accordingly, by using the Remote Management Console feature, You are expressly consenting to NoFoN's collection of the Personally Identifiable Account Information associated with the fulfillment of Your policy request. Furthermore, when you purchase products or services online, the account registration/service subscription requires NoFoN to collection certain information, such as your name, company name (if applicable), address information, cell phone type, make and model, and if needed cell phone service provider. Further, payment processing, which may be administered by third party providers, requires the input of certain personal information required for processing a payment; however, NoFoN does not collect or store this information. Any personal information collected or stored by NoFoN may be used and/or disclosed in accordance with the terms of the Privacy Policy.
Cookies
Like most interactive web sites, this Site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Site to enable the functionality of the area and ease of use for those people visiting. Some of our affiliate partners may also use Cookies.
Trademark Information
"Business Growth Platform™" and "NoFoN™" and the associated logos are trademarks of Business Growth Platform, LLC, a Utah limited liability company (collectively, the "Marks"). The absence of a product or service name or logo belonging to Business Growth Platform, LLC or anywhere in the text of this Site does not constitute a waiver of trademark or other intellectual property rights concerning that Mark. All other products and brand names are trademarks and/or registered trademarks of their respective companies.
NoFoN disclaims any and all rights in these marks.
Our Marks may not be used (i) to identify products or services that are not NoFoN's marks, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that NoFoN sponsors or endorses Your products or services or (v) in any manner that disparages or discredits NoFoN.
No Unlawful or Prohibited Use
As a condition of Your use of the Site and Resources, You will not use the Site and Resources for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site or Resources in any manner that could damage, disable, overburden, or impair any NoFoN server, or the network(s) connected to any NoFoN server, or interfere with any other party's use and enjoyment of the Site or any Resources. You may not attempt to gain unauthorized access to the Site or any Resources, other accounts, computer systems or networks connected to any NoFoN server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources. Violations of any of the above, including intellectual property infringement and Site or service security issues, will be investigated by NoFoN and prosecuted to the fullest extent of the law, whether civil or criminal. NoFoN may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.
Redistribution or republication of any part of this Site or its content is prohibited, including such by framing or other similar or any other means, without the express, written consent of NoFoN. You may not create a link to any page of this Site without our prior, written consent. If You do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set forth herein will apply to Your use of this Site by linking to it.
You acknowledge that any violation of these Terms of Use or any use of this Site or the Resources in a manner inconsistent with these Terms of Use may cause NoFoN or its affiliates and licensors immeasurable damages for which an adequate remedy at law may not be available. Business Growth Platform shall, therefore, be entitled to injunctive and other equitable relief for the breach or threatened breach of these Terms of Use, without the requirement to post any security or bond. The rights and remedies under this paragraph shall be cumulative and not in lieu of any and all other rights of Business Growth Platform, LLC d/b/a NoFoN.
Links from this Site
From time to time, we may post links to third party web sites on this Site. We do not monitor or review the content of other party's web sites which may be linked from this Site. Opinions expressed or material appearing on such web sites are not necessarily shared or endorsed by NoFoN, and we should not be regarded as the publisher of such opinions or material. We encourage our users to be aware when they leave our Site and to read the privacy statements of these Sites. You should evaluate the trustworthiness or any other site connection to this Site or accessed through this Site yourself, before disclosing and personal information to them. NoFoN will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure to third parties of personal information.
Communications
We have several different e-mail addresses for different queries. These and other contact information can be found on our "Contact Us" link on this Site or via company literature via the company's stated facsimile and telephone numbers.
Indemnity
You agree to defend, indemnify, and hold harmless NoFoN, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, the Site Content, or Your violation of these Terms of Use.
Termination
If You violate any of these terms, Your permission to use the Resources enabled by the Site will automatically terminate, and we may end Your authorization to use the Site and/or the Resources. We may terminate Your authorization to use the Site or Resources at any time. We will terminate Your authorization if we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The termination of Your authorization to use this Site shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to provisions relating to indemnification, limitation of liability, and proprietary rights.
Acknowledgements
NOFON IS NOT A PARENTAL CONTROL OR CONTENT FILTER. NoFoN is not responsible for, nor has any control over, the content of any data, voice or internet communications sent or received on any particular device.
SAFE DRIVING IS YOUR RESPONSIBILITY. The NoFoN Service should not be viewed or considered as an assurance of personal safety. There are numerous manners in which a driver can be distracted that do not involve the use of cellular technology while driving. Furthermore, NoFoN cannot prohibit tampering or disabling of the device (except to communicate notice where NoFoN has actual notice that disabling or tampering has occurred). NoFoN shall have no liability for the negligence of its users while driving, nor shall NoFoN have any liability in failing to communicate instances where disabling has occurred, as there are a variety of factors beyond our control which could interfere with the electronic transmission or receipt of such notices. By using the NoFoN Service, you specifically agree to the release and hold harmless provisions of this paragraph, and other terms or limitations contained in the NoFoN Terms of Service and End User License Agreement (the "Service Agreement" or "EULA").
NoFoN Service Terms and Conditions
No functionality is represented nor should be expected with respect to NoFoN hardware and software without a paid subscription to the NoFoN service (the "Service"), pursuant to a service plan. Receipt and/or utilization of the NoFoN service is in all cases subject to the terms of the NoFoN Service Agreement, a copy of which is available at www.NoFoNZone.com/service.html.
The NoFoN Service is accessed and enabled through a blue tooth connection to the hardware (OBDII device) installed in the vehicle. The Service may only be used with approved equipment and hardware. You acknowledge that certain ancillary equipment is necessary to access or utilize the Service. Specifically, utilization of the Service requires Bluetooth enabled cellular device with an approved platform (e.g. Blackberry); an automobile with a functioning and compliant on board diagnostic (OBDII) port (present on most vehicles manufactured after 1996). Use of the Services also may require a personal computer with a functioning internet connection. Users are encouraged to review the summary of necessary Equipment and Hardware, as those terms are set forth in the Service Agreement. Additionally, in order to enforce and monitor driver policy, the enabled cellular device will communicate with NoFoN's servers via data or sms (text) transmissions. Thus, use of the NoFoN Service may result in fees under your particular cellular plan for data and/or text transmission. Additional roaming charges may apply depending on the coverage area of your plan. Accordingly, all users should review and consult Your personal/business cellular plan before enabling the NoFoN Service. NoFoN shall have no responsibility for any cellular, data, roaming or like charges incurred under your wireless plan as a result of subscribing for and using the NoFoN Service, and such charges, if incurred, shall be Your sole and exclusive responsibility.
Feedback and Information
Any feedback You provide at this Site shall be deemed to be non-confidential. NoFoN and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
Limitation of Liability
YOU AGREE THAT NEITHER NOFON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE REMOTE MANAGEMENT CONSOLE OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOFON IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR VOICE TRANSMISSION, OR ANY DAMAGES RESULTING FROM THE FAILURE TO RECEIVE NOTICES OR COMMUNICATIONS AS A RESULT OF THE ENABLED POLICIES ON YOUR CELL CONTROL DEVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL CELL CONTROL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING THE CELL CONTROL PRODUCT AND SUBSRIBING FOR THE NOFON SERVICE.
Disclaimer
NoFoN intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by NoFoN from a variety of sources, NoFoN does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site.
THIS SITE IS PROVIDED BY NOFON ON AN "AS IS" BASIS. NOFON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE REMOTE MANAGEMENT CONSOLE FEATURE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOFON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, NOFON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE REMOTE MANAGEMENT CONSOLE FEATURE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT NOFON) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. NOFON ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
Unsolicited Idea Submission Policy
NoFoN and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NoFoN's advertisements, products or marketing strategies might seem similar to ideas submitted to NoFoN. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that NoFoN makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of Business Growth Platform, LLC, its successors and/or assigns.
Applicable Law and Jurisdiction
This Site is created and controlled by Business Growth Platform, LLC in the State of Utah, USA. NoFoN makes no representation that Materials on the Site are appropriate or available for use in other locations. If You access this Site from another location, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where You reside. By accessing this Site, You agree that the laws of the State of Utah will govern all matters relating to this Site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the applicable state courts of Utah for state claims and the State of Utah for federal claims in all disputes arising out of or relating to the use of this Site of the Resources. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.
General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site content may not be legal by certain persons or in certain countries. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of NoFoN. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of NoFoN shall be null and void. The paragraph headings in this Terms of Use are included to help make the agreement easier to read and have no binding effect. This Terms of Use (and the referenced/incorporated agreements and policies, including, without limitation, the Privacy Policy and the EULA) comprise the entire agreement between You and NoFoN with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein. Any rights not expressly granted herein are reserved.
Any failure of NoFoN to insist upon strict performance of any provision of this or any Agreement between You and control or the failure to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by an authorized officer of NoFoN.
BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS OF USE AS STATED ABOVE.
Business Growth Platform, LLC, d/b/a NoFoN, 3051 West Maple Drive, Lehi, UT 84043