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Watch360 provides an online information service ("The Service") to its subscribers. By using the Service, you ("the Client") agree to be bound by all of the Terms and Conditions set forth here.
Watch360 reserves the right to make any changes to these Terms and Conditions at any time. The Client is bound to the changes in these Terms and Conditions as long as the Client's subscription is active.
1. Copyright And Limitations On Use
1.1. You agree to: provide true, accurate, current and complete information
about yourself as prompted by the registration form of the Services.
1.2. You agree to pay all subscription, service and use fees, if any, Watch360
charges you for the Services. Watch360 reserves the right to change its fees
at any time. However, such changes shall not come into effect for you until
the end of your current subscription term.
1.3. You agree to be responsible for the confidentiality and use of your access
ID(s) and password(s). You agree immediately to notify Watch360 if you become
aware of any loss or theft or unauthorized use of any of your access number(s)
and/or password(s).
1.4. You agree to provide Watch360 with your e-mail address, promptly provide
Watch360 with any changes to your e-mail address.
1.5. You acknowledge and agree that the Services and any necessary software
used in connection with the Services ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Services or the Software,
in whole or in part. You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Services,
use of the Services, or access to the Services.
1.6. "Watch360," the Watch360 logo, and other Watch360 trademarks,
service marks, logos and product and
service names are marks of Watch360 (the "Watch360 Marks"). You
agree not to display or use either the Watch360 Marks in any manner without
the owner's express prior written permission.
2. Disclaimer Of Warranties And Liability
2.1. Your use of the Services is at your sole risk. The services are provided
on an "as is" and "as available" basis. Watch360 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.
2.2. Watch360 makes no warranty that (i) the services will meet your requirements,
(ii) the services will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the services will
be accurate or reliable.
2.3. No advice or information, whether oral or written, obtained by you
from Watch360, or through or from the services shall create any warranty
not expressly stated in the TOS
2.4. The Services may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Watch360 has no control over
such sites and resources, you acknowledge and agree that Watch360 is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Watch360 shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
site or resource.
2.5. IN NO EVENT WILL Watch360 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEMS) EVEN IF
Watch360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THAT THE LIABILITY OF Watch360 ARISING OUT OF ANY KIND OF LEGAL
CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH
THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. Watch360
shall not be liable for any loss resulting from a cause over which Watch360
does not have direct control, including but not limited to failure of
electronic or mechanical equipment or communication lines; telephone or
other interconnect problems; bugs, errors, configuration problems or incompatibility
of computer hardware or software; failure or unavailability of Internet
access; problems with Internet service providers or other equipment or
services relating to your computer; problems with intermediate computer
or communications networks or facilities; problems with data transmission
facilities or your telephone or telephone service; or unauthorized access,
theft, operator errors, severe weather, earthquakes or labor disputes.
Watch360 is not responsible for any damage to your computer, software, modem,
telephone or other property resulting from your use of the Services. 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.
2.6. You agree to defend, indemnify and hold Watch360 harmless from and against
any and all claims, losses, liability costs and expenses (including but
not limited to attorneys' fees) arising from your violation of the TOS,
state or federal laws or regulations, or any third party's rights, including
but not limited to infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights. This obligation will survive
the termination of the Services.
3. Payment Terms and Renewal Policy
3.1. Monthly Subscriptions - All Monthly Subscriptions purchased through the Watch360 website are monthly perpetual contracts. These will automatically renew 30 days from the date of purchase at the then current price for the number of users the Client has registered. Payment will be billed to the credit card or banking information on file, or Client will be invoiced, as applicable.
3.2. Yearly Subscriptions - All Yearly Subscriptions purchased through the Watch360 website are yearly perpetual contracts. These will automatically renew 365 days from the date of purchase at the then current price for the number of users the Client has registered. Payment will be billed to the credit card or banking information on file, or Client will be invoiced, as applicable.
4. Cancellation Policy
4.1. Subscription to the Service may be terminated at any time, and without cause, by Watch360, or by you upon notification of the other by electronic or conventional mail, or by telephone or fax. When you request termination, subscription fees are NOT refunded. You are liable for charges incurred until termination of service.
You may cancel the Service by sending a written notice to Watch360, either through e-mail to support@watch360.com or via regular mail to Watch360, 14801 Gypsy Hill Road, Saratoga, CA 95070.
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