Terms of Service
ACCEPTANCE OF TERMS
Watchful and its related goods and services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Watchful site, including placing orders to purchase products and/or services from Watchful, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Watchful site may also be subject to additional terms as set forth in such section (“Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Watchful site, or with any terms included with any product or service purchased from Watchful, then these terms shall control.
SITE LICENSE AND ACCESS
Watchful grants you a limited license to access and make personal use of this site (Watchful) and not to download or modify it, or any portion of it, except with the express written consent of Watchful. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Watchful and/or its affiliates without express written consent of Watchful. You may not use any meta-tags or any other “hidden text” utilizing Watchful’s name or trademarks without the express written consent of Watchful. Any unauthorized use terminates the permission or license granted by Watchful.
PERSONAL USE LIMITATION
Unless otherwise specified, the Watchful site is for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Watchful or its site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Watchful site, you will not use the Watchful’s materials and website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Watchful site in any manner that could damage, disable, overburden, or impair the Watchful site, (or the network(s) connected to the Watchful site) or interfere with any other party’s use and enjoyment of the Watchful site. You may not attempt to gain unauthorized access to the Watchful site, other accounts, computer systems or networks connected to the Watchful site 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 Watchful site.
Watchful reserves the right to change the terms, conditions, and notices concerning use of the Watchful site without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Watchful site. Your continued use of the Watchful site constitutes your agreement to all such terms, conditions, and notices.
Watchful reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Watchful site, or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with Watchful or to submit any Personal Information to Watchful. As such, if you transact or attempt to transact any business with Watchful or submit or attempt to submit any Personal Information to Watchful, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE Watchful site IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the Watchful site.
Unpaid accounts with no login or other activity for six (6) months may be terminated without notice.
MATERIALS PROVIDED TO Watchful
If you submit any feedback, suggestions, posts, support tickets or other communications (each a “Submission” and collectively “Submissions”) to the Watchful site, or to Watchful, you are granting Watchful, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Watchful is under no obligation to post or use any Submission you may provide and Watchful may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the Watchful site, (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Watchful (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of Watchful and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Watchful and, as such, may only be used by Watchful or other authorized persons or entities for the benefit of Watchful and only in connection with the products and services authorized by Watchful. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Watchful, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of Watchful. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
All content that is made available to view and/or download or purchase in connection with the Watchful site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, texts (“Content”) and software, is owned by and is the copyrighted work of Watchful and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Watchful site, is the exclusive property of Watchful and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Watchful and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
Send notifications to:
THE FERNANDES LAW FIRM
500 W. Silver Spring Dr.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of Watchful may receive a password from Watchful to access certain information on the Watchful site. 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 agree to notify Watchful immediately of any unauthorized use of your account or any other breach of security. Watchful 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 Watchful 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 and Watchful.
LINKS TO THIRD PARTY SITES
Any dealings by you with third parties (including advertisers) included within the Watchful site, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Watchful shall not be responsible or liable for any part of any such dealings or promotions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WATCHFUL SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WATCHFUL WEBSITE AND MATERIALS, AND TO THE INFORMATION THEREIN. WATCHFUL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE watchful.net SITE OR MATERIALS, AT ANY TIME.
WATCHFUL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE watchful.net SITE, FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WATCHFUL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT WATCHFUL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE watchful.net SITE. YOU SPECIFICALLY AGREE THAT WATCHFUL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WATCHFUL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE watchful.net SITE, BY ANY THIRD PARTY.
You agree to indemnify and hold Watchful, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Watchful site, and/or any information (text or graphical), software, Products or Services obtained through the Watchful site, and/or from Watchful.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Watchful with respect to the Watchful site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Watchful with respect to the Watchful site.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GENERAL TERMS AND CONDITIONS OF SALES
All goods and services (“Products”) supplied by Watchful are supplied to the Customer on these terms and conditions.
No order shall be binding on Watchful until accepted by Watchful. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Watchful of an order from the Customer. Watchful reserves the right to accept any order in whole or in part. Where Watchful makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Watchful.
All credit orders (if any) are accepted by Watchful subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. Watchful will investigate any disputed amounts, and if resolved in favor of the Customer, a credit will be issued to the Customer.
All orders for free accounts or trial periods may be cancelled by Watchful at anytime and without notice, or after 30 days at the discretion of Watchful.
Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Watchful. Risk of loss in the Products will pass on delivery to the Customer.
The Customer may request a refund provided that the customer does so within 7 days of their initial monthly payment. After 7 days, the Customer may cancel their account with immediate effect using the Cancel button in the My Account area. Requests to terminate services may also be made at any time using the Contact form. These requests may take up to 5 days to process. When a cancellation request has been made after the 7-day refund period, refunds will not be issued: service will continue as normal until the renewal date, though additional renewals will not be processed.
USE OF PRODUCT
The Customer agrees that it is the Customer’s responsibility to use any Products and Services in accordance with Watchful’s applicable guidelines. Unless otherwise specified, the Customer’s purchase of the Products and/or Services does not grant the Customer a right to reproduce additional copies of materials or content or enter any content into a computer or digital medium. No adaptations, translations, modifications, or special versions may be made without permission in writing from Watchful.