BobaGuard Terms and Conditions

BobaGuard Terms and Conditions

Last updated May 1, 2021

GLOBALMAC2 INC, (dba “BobaGuard”) PROVIDES ACCESS TO ITS SERVICE TITLED SECURITY+ (THE “SERVICE”) SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SUBSCRIPTION AGREEMENT (THE “AGREEMENT”). PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. AS USED IN THIS AGREEMENT, “YOU” AND “YOUR” REFER TO THE PERSON OR ENTITY USING THE SERVICE. BobaGuard AND YOU ARE COLLECTIVELY REFERRED TO AS THE “PARTIES” AND INDIVIDUALLY AS A “PARTY.”

BY CLICKING THE “AGREE” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK “AGREE.” NOTWITHSTANDING THE FOREGOING, USING THE SERVICE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. Authorized Use

BobaGuard authorizes You to access and use the Service during the Term of this Agreement. You are not allowed to resell or otherwise commercialize the Service. You shall be solely responsible for any and all activities made under Your account, including, but not limited to, exceeding the number of authorized users.

2. Subscription

You agree to pay BobaGuard all applicable monthly fees to access and use the Service.

3. Payment Terms

By using Your credit card as the method of payment, You agree that You are authorized to use the credit card presented as a method of payment and that BobaGuard is hereby authorized to charge Your credit card at any time for the month. You must provide BobaGuard with a valid credit card number and associated payment information including all of the following: (i) Your name as it appears on the card; (ii) Your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge Your card. If BobaGuard does not receive payment from Your credit card issuer or its agent, You will be responsible for an alternate payment arrangement and any resulting fees.

4. Taxes

You are responsible for paying all taxes associated with Your use of the Service. If Security+ has the legal obligation to pay or collect taxes for which You are responsible under this Section, BobaGuard will invoice You and You will pay that amount unless You provide BobaGuard with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, BobaGuard is solely responsible for taxes assessable against it based on its income, property, and employees.

5. Use Restrictions

By using the Service, You agree not to do any of the following: (i) intentionally or unintentionally violate any local, state, or federal law; (iii) upload any files that contain software viruses or other harmful computer code; or (iv) interfere with the operation of BobaGuard’s Web servers or other computers or Internet or network connections.

6. Equipment

You are solely responsible for providing, maintaining, and ensuring, and Your sole expense, all hardware, software, electrical and other physical requirements for Your use of the Service, including, without limitation, telecommunications, Internet access connections, Web browsers or other equipment, programs and services required to access and use the Service. BobaGuard may, in its sole discretion, change the applicable technical requirements to use the Service from time to time.

7. System and Usage Data

You authorize BobaGuard to collect, store, aggregate, analyze and disclose data and information about Your use of the Service (collectively “Usage Data”). Usage Data will be owned by BobaGuard.

8. Support

You may report an error with the Service by contacting BobaGuardBobaGuard will attempt to fix the error as soon as possible and will keep you informed of its repair efforts. But BobaGuard does not warrant that the error will be fixed and nothing in this Section will be construed as BobaGuard warranting that an error will be fixed or fixed to your satisfaction.

9. Accessibility

You acknowledge and agree that at times the Service may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that BobaGuard may undertake from time to time; or (iii) causes that are beyond the control of BobaGuard or that are not reasonably foreseeable.

10. Disclaimer of Warranties

BobaGuard AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE SERVICE “AS IS WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, AND BobaGuard HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. BobaGuard DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE AVAILABILITY OF THE USER CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL FUNCTION WITH OTHER SERVICE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SECURITY+ OR A SECURITY+ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL BobaGuard OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST TIME, LOST SAVINGS, LOSS OF DATA, DAMAGED DATA, INACCURATE DATA, FAILURE OF TELECOMMUNICATION SERVICES, LOST CONFIDENTIAL OR OTHER INFORMATION, OR FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (TORT, CONTRACT OR OTHERWISE) AND EVEN IF SECURITY+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY. IN NO EVENT SHALL BobaGuard‘S TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF MONIES PAID FOR YOUR ACCESS TO THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to indemnify, hold harmless and defend BobaGuard, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to the breach of this Agreement or the unauthorized use of the Service.

13. Termination

You may terminate this Agreement by contacting BobaGuard at 440-941-1622. You acknowledge and agree that You remain liable for all fees incurred during the month in which you terminate this Agreement and authorize BobaGuard to charge Your credit card for these fees.

Effect of Termination

UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, THE ACCESS GRANTED TO YOU IN SECTION 1 CEASES AND YOU ARE NO LONGER AUTHORIZED TO ACCESS THE SERVICE FOR ANY PURPOSE. YOU FURTHER AGREE THAT BobaGuard’S SERVERS AND COMPUTER NETWORK CONSTITUTE A “PROTECTED COMPUTER” AS DEFINED BY THE COMPUTER FRAUD AND ABUSE ACT (18 U.S.C § 1030 ET SEQ.) AND THAT YOUR ACCESS OF BobaGuard’S SERVERS AND COMPUTER NETWORK FOLLOWING THE EFFECTIVE DATE OF TERMINATION OF THIS AGREEMENT IS WITHOUT AUTHORIZATION.

14. Equitable Remedies and Enforcement

You acknowledge and agree that breach of any of the obligations under this Agreement shall cause irreparable injury and shall entitle BobaGuard to equitable relief or remedy. The pursuit or securing of any such equitable relief shall not prohibit or limit BobaGuard to seek or obtain any other remedy provided under this Agreement or by law. If any or all of the above covenants or agreements are held to be unenforceable because of the scope or duration of such covenant or agreement or the area covered thereby, You agree that the court making such determination shall have the power to reduce the scope, duration and area of such covenant or agreement to the extent that allows the maximum scope, duration and area permitted by applicable law. The covenants, agreements and remedies provided herein are in addition to, and are not to be construed as a replacement for or limited by, the rights and remedies otherwise available to BobaGuard including, but not limited to, those rights and remedies contained in the Uniform Trade Secrets Act, or its state counterparts.

15. Governing Law; Jurisdiction; Venue; Attorneys’ Fees

This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Ohio. The Parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each Party by the federal and/or state courts in the State of Ohio. The Parties hereby irrevocably waive any and all objections which any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Ohio and to the venue of any such suit, action, or proceeding brought in any such federal or state court in the State of Ohio. Should You breach any of the terms of this Agreement, You hereby agree to pay all the reasonable attorneys’ fees incurred by BobaGuard in enforcing the terms of this Agreement. The attorneys’ fees shall be paid by You irrespective of any damages recovered or any relief afforded to BobaGuard.

16. Force Majeure

BobaGuard shall not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, act of terrorism, fire, natural disaster, act of government, strikes or labor disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond BobaGuard’s reasonable commercial control.

17. Entire Agreement

This Agreement states the Parties’ entire agreement and understanding of the subject hereof. This Agreement supersedes all prior understanding and agreements. Any prior agreement or understandings between the Parties is null and void. Modification. BobaGuard shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. You do not have the right to modify this Agreement without BobaGuard’s consent.

18. Third-Party Beneficiaries

There are no intended third-party beneficiaries of this Agreement. Waiver. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

19. Severability

If any provision or clause of this Agreement as applied to either Party or to any circumstances, shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable, said adjudication shall in no way affect any other provision of this Agreement, the application of such provision in any other circumstances, or the validity or enforceability of this Agreement.

20. Assignment

You may not assign Your rights or delegate Your duties under this Agreement without BobaGuard’s written consent. Any attempted assignment or delegation by You without the required consent is void. Notwithstanding the foregoing, BobaGuard may assign this Agreement to, without limitation, an affiliate, subsidiary, third party, or successor without Your prior consent.

21. Survival

Notwithstanding the termination of this Agreement, the Parties shall be required to carry out any provision hereof that contemplates performance subsequent to such termination, and such termination shall not affect any liability or other obligation that have accrued prior to such termination, including, but not limited to, any liability for loss or damage on account of a prior breach. Without limiting the generality of the foregoing, the Parties specifically agree that the rights and duties contemplated in Sections 2-5, 7, and 10-16 shall survive termination of this Agreement for any reason.

Boba

BobaGuard Mascot

Boba, Tom Lambotte’s cute little French Bulldog is the BobaGuard mascot and inspiration for the BobaGuard name and logo.

Boba is happy, playful, and loves to cuddle. Like BobaGuard, security is important, and protecting his little French Bulldog brother, Archie and his human siblings is a high priority.

Boba loves to join Tom at the office and make his rounds, visiting everyone on the team and greeting many of our visitors.

He’s well known to be a friendly dog – he doesn’t bark much, but when he does, it’s enough to make the point… No one gets past Boba unless they submit to a few moments of play or a good belly rub.

Boba’s Favorite Quote:

“Every Dog Must Have His Day”

Stacy Carlson

Partner Manager

With an eye for innovation, Stacy L. Carlson has become a leading voice in creating more efficient and positive strategic partnerships and affiliate relationships for businesses. She currently serves as the Partner Manager for BobaGuard, a company on a quest to help people leverage technology to keep their firms safe from cybercriminals. A 15-year veteran of managing partners, Stacy’s experience has given her many opportunities, from launching her own eCommerce business in 2005 to her current role managing BobaGuard partner channels.

She is a 2014 Alumna of the Motion Business Accelerator and continues to work with the Engler Agribusiness Entrepreneurship Program as well as mentoring in eCommerce and systems and processes.

The day you give up and stop looking at the world as a learning experience, well, that is the day that is far worse than death.

– My Grandmother

Jared Nay

IT Manager

After only a little over five years with Bobaguard, Jared recently moved into a new position as the IT Manager. His drive to learn new skills, always wanting to be the hero, and embracing change helped him rapidly move into this new challenge of improving experiences for our clients.

Jared’s highly detailed knowledge of Macs and the processes used by our clients means that he can share long-lasting solutions with our clients. He has also taken the new Help Desk Agents under his wing and shared his knowledge with them.

Before beginning at Bobaguard, Jared worked at Apple Store Genius Bars in several states over five years, providing valuable experience aligned perfectly with Bobaguard’s needs. With a Bachelor’s in New Media Art, Jared has additional experience as a freelancer in graphic design and animation, bringing a creative and attention-to-detail personality to the team.

Jared loves learning new skills, whether picking up some programming languages or constantly exploring the best new video games. As a hobby, Jared collects vintage video game consoles and carries a wealth of information in his head on just about any video game trivia you can throw at him.

When not fixing someone’s computer or spending time in a videogame world, you will find Jared and his wife on a walk with their 2-year-old Golden Retriever, Brinkley. You may even spot Brinkley during a video chat with
Jared, if you are lucky.

Jared’s favorite quote:

“The best way to not feel hopeless is to get up and do something. Don’t wait for good things to happen to you. If you go out and make some good things happen, you will fill the world with hope, you will fill yourself with hope.”

– Barrack Obama.

Christine Rivett

Marketing & Sales Manager / Strategic Assistant

Christine joined GlobalMac IT in March 2020 as Tom’s (our CEO) part-time Strategic Assistant and to support the marketing and sales department. She soon was asked to join the team as a full-time employee due to her value to the team. In January of 2022, Christine was promoted to Marketing and Sales Manager for GlobalMac IT and BobaGuard.

Following our Core Values, Christine is always looking to support anyone on our team. In addition to her responsibilities in the Marketing and Sales department, Christine has also taken on tasks in HR and FnA to help Chris, our COO.

Christine previously spent 23 years working for Lawrence Diversified Inc. as the office manager and the marketing and research functions for the company. Her career experience proves that she can get people moving and working in the right direction.

Passing the best test of character, Christine, like many members of the GlobalMac IT team, is a dog lover. Her two German shepherds, along with her husband of 22 years, make a great family that she gets to enjoy when she isn’t working. Regularly getting out into nature with her dogs and husband, Christine enjoys gardening, birdwatching, kayaking, camping, traveling, and a lot more. Christine is the epitome of “work hard,play hard.”

Christine’s favorite quote:

“Never stop learning, for when we stop learning, we stop growing.”

– Loyal “Jack” Lewman

Tobias Morrison

Technology Alignment Manager

Tobias has been with the GlobalMac IT team since 2012. As the technology alignment manager, Tobias gives clients the best experiences by ensuring the GlobalMac IT standards library is maintained with the best solutions. He gets this done by evaluating hardware, software, and auditing client IT environments in order to give clients recommendations on how to improve things on their end. He is basically a magical genie who makes everything work better for clients.

Tobias’ family life is as energetic as the amount of energy he puts into work, and he is on the cusp of running a small backyard farm at his house. In total, his yard and house are home to 2 cats, 9 chickens, 2 ducks, and a rabbit. He is an avid birder, enjoying the sight of more than just his own chickens and ducks.
Tobias is also a father of 4 kids, who, of course, help with maintaining their small chicken population. When he isn’t working or with family, he is making noise as a talented vocalist, bassist, and percussionist.

Tobias’ favorite quote:

“The truth is not always beautiful, nor beautiful words the truth.”

– Lao Tzu

Jeremey Kenney

Operations Director

Jeremey joined GlobalMac IT in October 2019. He is the GlobalMac IT technology solutions coordinator, planning, implementing, and overseeing necessary technology solutions. Before Jeremey came onboard, he was a support engineer for Futuri Media, and before Futuri he spent 5 years working for Apple as an AppleCare Senior Advisor. This expertise made Jeremey a perfect fit for the team.

Aside from a love for videogames, Jeremey has a passion for technology in general, and loves his Thursday night golf games. He has to be the first in the group to have the newest products and often can’t help pulling computers apart to replace or upgrade hardware. He can also put them back together again, which helps.
Jeremey values spending time with friends and family, actively making the effort to connect with the important people in his life. When he is home he has two beautiful cats that won’t leave him alone, even if there’s work to do.

Jeremey’s favorite quote:

“Most impossible goals can be met simply by breaking them down into bite size chunks, writing them down, believing them and going full speed ahead as if they were routine.”

– Don Lancaster

Chris Henke

Integrator/COO

Chris is the one at the helm of the ship, steering the team around all obstacles and constantly looking for better courses to navigate while making improvements to the GlobalMac IT and BobaGuard. He’s basically Russell Crowe in the Master and Commander movie.

Chris is responsible for the company’s profit and loss results, the execution of the GlobalMac IT business plan, and providing clear and concise guidance to the team so everyone works together like a well-oiled machine.

He also realizes that humans are not just oily machines, bringing a genuine and compassionate approach to leadership.

Before joining the team, Chris had worked for many different companies developing their marketing plans and managing their finances. Believe it or not but he used to tour the country in a band (as the bass player), and also had a landscaping business before getting his bachelor’s degree from the University of Akron.
Initially joining the team in 2012 for bookkeeping, marketing, and office management, Chris rose to the COO position and now helps the CEO to steer the ship.

When Chris isn’t busy improving the company’s profitability or acting as the glue that integrates all of the major business functions, he enjoys woodworking, cycling, and jamming on his cigar-box guitar. (He most likely built the guitar himself.)

Chris’s favorite quote:
“It’s not enough that we do our best; sometimes we have to do what’s required.”
– Winston Churchill

Tom Lambotte

CEO

Tom Lambotte is considered the top expert on leveraging Apple technology within law firms. With over a decade of experience in working with law firms using Macs, Tom Lambotte has become a “household” name in the legal industry, synonymous with great I.T. solutions. He currently runs the largest and fastest growing Managed Service Provider in the world for small to medium, high-growth Mac-based law firms. His company, GlobalMac I.T. pioneered a business-first approach to leveraging technology within a practice to systematically increase efficiencies though their proven processes.

He is the author of Hassle-Free Mac I.T. Support for Law Firms, Legal Boost: Big Profits Through an I.T. Transformation and Macs in Law: the Definitive Guide for the Mac-Curious, Windows-Using Attorney, published by the American Bar Association.

To date, law firms all over the United States have leveraged and implemented his technology solutions to save thousands of billable hours lost in dealing with I.T. headaches, and significantly improved law firm efficiencies through his streamlined, proven processes.

Tom is a highly sought after speaker at many industry events, such as ABA Techshow, and MacTrack Legal, presents numerous ABA CLE presentations, and has been published in the ABA Law Practice Today, Law Practice Magazine, The Mac Lawyer, Legal Talk Network, Michigan Bar Journal, Attorney at Work, Legal Productivity, and more.

He is a true I.T. rock star for small to medium sized, high-growth law firms looking to get the most out of their technology.

Tom lives in Concord, OH with his wife, 4 young children and 2 English Bulldogs. Tom is most as home in shorts and flip-flops and spends as much time in the water as possible (which is easier said than done with the kids – and living in Ohio!). His passions include cooking, photography and he is an avid reader.

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