PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
BY CLICKING “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. THIS ACTION CONSTITUTES YOUR ELECTRONIC SIGNATURE AND CREATES A LEGALLY BINDING CONTRACT. YOU CANNOT PROCEED TO USE COMPANY APPLICATIONS WITHOUT FIRST CLICKING “I ACCEPT.”
WHEN YOU CLICK “I ACCEPT,” YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT; (B) CONSENT TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES REFERENCED IN IT; AND (C) ACKNOWLEDGE THAT THIS AGREEMENT, TOGETHER WITH THOSE POLICIES, FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY.
IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, CLICK “I DO NOT ACCEPT.” YOU WILL NOT BE PERMITTED TO ACCESS OR USE ANY COMPANY APPLICATION AND WILL HAVE NO LICENSE TO ANY COMPANY CONTENT. YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Watch Systems LLC (“Company,” “we,” “us,” or “our”) provides you (“you,” “your,” or “User”) access to OffenderWatch® Remote Express (“Remote Express”) and other Company applications accessible or made available to you through Company’s website at www.offenderwatch.com (collectively, the “Company Applications”), subject to your agreement to comply with these terms and conditions (this “Agreement”). Company provides and maintains Company Applications solely as a technology vendor.
COMPANY IS NOT A LAW ENFORCEMENT AGENCY, A GOVERNMENT AGENCY, OR A REGISTRY AUTHORITY. COMPANY DOES NOT SUPERVISE YOU, DOES NOT DETERMINE YOUR REGISTRATION OBLIGATIONS, AND DOES NOT GUARANTEE THAT YOUR USE OF THE COMPANY APPLICATIONS SATISFIES YOUR REGISTRATION REQUIREMENTS UNDER THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (“SORNA”) (34 U.S.C. § 20901 ET SEQ.), ANY STATE SEX OFFENDER REGISTRATION LAW, OR ANY LOCAL ORDINANCE. The law enforcement, corrections, probation, parole, or registry authority responsible for your registration is a separate entity. Only they set, interpret, and enforce your registration requirements, deadlines, and the consequences of noncompliance. You remain solely responsible for compliance with all applicable federal, state, and local sex offender registration laws. The Company Applications are a tool to assist you, and are not a substitute for, direct compliance with your supervising agency’s requirements.
You have been given a reasonable opportunity to review all terms of this Agreement before acceptance. Company maintains a time-stamped record of your acceptance, including your IP address, browser information, and the version of these terms you accepted.
You agree and represent as follows:
You represent that you are at least 18 years old and an individual subject to a sex offender registration obligation whose supervising agency allows the collection of registration data through Company Applications.
You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of Company Applications, including all sex offender registration and notification requirements under SORNA and applicable state law. You will not use Company Applications for any unlawful purpose or in any manner that violates any applicable law or regulation.
In order to access and use Company Applications, you are required to register by providing Company with certain personal information required under applicable sex offender registration laws, and other information which may include your username, email address, password, and any other information we collect from you (collectively, “Registration Information”). Your use of Company Applications constitutes your consent to allow Company to record and use your Registration Information and other information that may be gathered about you or devices you use to access Company Applications. Any information that Company collects about you or any device you use to access Company Applications, including the Registration Information, is subject to our Privacy Policy, which is a part of this Agreement. You should read and understand our Privacy Policy, which can be accessed at https://owt.offenderwatch.com/offender .
You acknowledge and agree that you have an independent legal obligation to comply with all applicable sex offender registration laws, including SORNA (34 U.S.C. §§ 20911–20932), all applicable state registration statutes, and any local ordinances. You must keep your registration current and report all changes as required by 28 CFR Part 72 and your supervising jurisdiction. Your use of Company Applications does not relieve you of any obligation to appear in person, report changes, or otherwise comply with the directives of your supervising agency.
Company reserves the right to refuse registration or cancel an account, in its sole discretion. In creating an account and submitting your registration data, you understand, acknowledge, and agree that:
INFORMATION PROVIDED THROUGH OR DISPLAYED BY COMPANY APPLICATIONS MUST NOT BE USED TO UNLAWFULLY INJURE, HARASS, OR COMMIT A CRIME AGAINST ANY INDIVIDUAL NAMED IN OR DESCRIBED BY SUCH INFORMATION. ANY SUCH MISUSE MAY RESULT IN CRIMINAL PROSECUTION UNDER APPLICABLE LAW.
If you believe that any Registration Information displayed or transmitted through Company Applications is erroneous, you may submit a written correction request to Company at support@offenderwatch.com. Company will forward your correction request to the appropriate supervising agency or registry authority within a commercially reasonable time. Company does not independently determine correction requests and is not responsible for the outcome of any such request. Your supervising agency has sole authority to approve or deny corrections to your registration record.
Company will maintain and adhere to a data and systems safeguarding program (as amended, or any newly adopted program replacing that program) (“Security Program”), designed to protect the confidentiality and security of your Registration Information while being transmitted to, processed through, maintained in, and transmitted from Company’s networks. Company will handle Registration Information in accordance with applicable law, including Criminal Justice Information Services (CJIS) Security Policy standards where applicable to the transmission, storage, and processing of criminal justice information. Company may update the Security Program from time to time so long as the updates will not materially diminish the Security Program’s protections. You acknowledge that Company will maintain and process your Registration Information in a cloud environment in connection with its provision of the Company Applications, and that Company’s obligations with respect to that data are set forth in this paragraph.
Company Applications verify your identity using a facial-recognition image. The facial-geometry data generated to verify your identity is not stored. The facial-recognition process generates a geometric representation of your face solely to confirm your identity at the time of the session, and Company Applications do not retain that generated facial-geometry data. All identity verification is performed entirely within Company’s own security-controlled infrastructure. Your use of these features is governed by our Biometric Information Policy, which is a part of this Agreement and can be accessed at https://owt.offenderwatch.com/offender/biometricinformationpolicy.html . Our Biometric Information Policy describes what data is collected, how it is used, what is and is not retained, and how any retained data is destroyed. Before any facial-geometry data is generated, you will be required to review that policy and provide the separate biometric consent. If you do not consent, the Company Applications cannot verify your identity, and you will not be able to submit a remote registration update.
After your identity is verified, the Company Applications record a one-time GPS location for that session and ask whether you are at your registered residence and, if not, where you are. This location information is provided to your supervising agency to show where you submitted your registration update from. Company Applications record your location only at the time you submit an update and do not track your location continuously. Capturing device location requires your permission through your device settings. More information on use of your location information can be found in our Privacy Policy, which can be accessed at Privacy Policy | Watch Systems, LLC.
You hereby authorize Company to receive, record, organize, store, combine, encrypt, use, process, transfer, disclose, delete, destroy, and dispose of your Registration Information for legitimate purposes related to your registration, supervision, monitoring, compliance, public-safety, or law-enforcement obligations, or to respond to an emergency that Company believes in good faith requires it to disclose information to assist in preventing the death, harm or bodily injury of any individual. Company may in turn grant the foregoing rights to a data center operator or other third-party service provider solely for purposes of enabling Company to provide the Company Applications. You specifically authorize Company to provide or transmit Registration Information to your supervising agency, registering agency, probation or parole authority, and other appropriate law-enforcement or criminal-justice agencies or officials when such disclosure is required, authorized, or reasonably necessary for a lawful purpose. This authorization includes disclosure to governmental entities or agencies in another jurisdiction when such disclosure is required or permitted in connection with your registration, residence, employment, student status, travel, supervision, or other applicable legal obligations. WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR REGISTRATION INFORMATION OR ANY OTHER INFORMATION YOU HAVE PROVIDED THROUGH THE COMPANY APPLICATIONS. YOU WAIVE AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Company may reproduce, format, organize, convert, or otherwise process Registration Information as reasonably necessary to facilitate its lawful transmission, storage, maintenance, verification, or use for the purposes described above. Company shall not alter the substantive content of Registration Information in a manner that knowingly creates a materially false or misleading record. Any correction, supplementation, or other modification shall be made in accordance with applicable law and Company’s applicable procedures.
This authorization does not constitute permission for Company to disclose Registration Information to any person or entity, or for any purpose, that is prohibited by applicable law. We will not disclose Registration INFORMATION that applicable law requires to be withheld, redacted, or otherwise protected, including information subject to mandatory confidentiality or nondisclosure requirements. Nothing in this authorization authorizes disclosure of a victim’s identity, Social Security number, non-conviction arrest information, Internet identifiers, passport or immigration-document numbers, or other protected information except to the extent that such disclosure is expressly permitted or required by applicable law.
When interfacing with Company Applications you will be required to input payment information for one or more of your bank accounts, credit cards, check cards, or debit cards in order to access paid features of the Company Applications. By providing your payment information, you authorize all transactions made through Company Applications. You are responsible for all transactions associated with Company Applications, including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company immediately. Any payment information collected is protected by and subject to our Privacy Policy, which can be accessed at Privacy Policy | Watch Systems, LLC. We do not store full payment card numbers; payment is processed through a third-party provider subject to that provider’s terms.
Access to the paid features of the Company Applications is sold as a fixed-term access period of 12 months (the “Access Period”). The standard fee is $60.00 (the “Agency Fee”). A discounted or promotional price may apply at the point of purchase; the amount shown to you at checkout is the Agency Fee charged, and any refund is calculated as a fraction of the Agency Fee you actually paid. All fees are stated in U.S. dollars and are exclusive of any applicable taxes. We may change the Agency Fee at any time. A change in price does not affect an Access Period you already purchased; the Agency Fee shown at checkout is the Agency Fee for that Access Period.
Your access expires at the end of the Access Period, and nothing renews automatically. When the Access Period ends, your access to the paid features simply expires. Your payment does not renew, and your payment method will not be charged again unless you choose to buy a new Access Period and separately authorize that new charge. We do not store your card credentials to charge you automatically on a recurring basis.
Refunds are prorated by quarter of the Access Period. For this purpose, the one-year Access Period is divided into four consecutive quarters of three months each. Any quarter in which you have begun using the Company Applications is treated as used in full and is non-refundable. If you request a refund, you are refunded the portion of the Agency Fee you paid that is attributable to the whole quarters of your Access Period that have not yet begun.
For example, if you request a refund at any time during the first quarter — including the same day as, or the day after, your purchase — three of the four quarters have not yet begun, so you are refunded three-quarters (3/4) of the Agency Fee you paid.
Refunds are issued to your original payment method. A refund ends your Access Period as of the refund date, and access to the paid features stops.
Company Applications send you compliance reminders, deadline alerts, appointment and reporting notices, and confirmations by email and, if you opt in, by SMS text message. SMS messaging is governed by our separate SMS Terms & Conditions, which are a part of this Agreement and can be accessed at SMS Terms & Conditions | Watch Systems, LLC. You may opt out of SMS at any time by replying STOP. Message and data rates may apply. Opting out of SMS does not change your legal registration obligations or your supervising agency’s own means of contacting you.
You consent to receive communications from Company electronically, including by email, in-application notifications, or postings on the Company Applications. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Company reserves the right, in its sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time. For material changes, Company will post a notice on the Company Applications at least 14 days before their effective date, identifying the nature of the change. Your continued use of Company Applications after the effective date of any change constitutes your acceptance of the revised Agreement. You may not amend this Agreement unless the amendment is in writing and signed by both you and an authorized representative of Company.
It is your responsibility to regularly check for changes to this Agreement at www.offenderwatch.com. Any changes to the dispute resolution provisions will not apply to any dispute for which the parties have actual notice before the effective date of the updated Agreement.
Your written approval is not a prerequisite to the validity or enforceability of this Agreement.
This Agreement applies while you access or use any Company Application. We reserve the right, in our sole discretion, to refuse, delete, suspend, or terminate your access to or use of any Company Application(s) at any time, with or without notice, including because of your violation of this Agreement, if required by your supervising agency or by law, or to protect the integrity or security of the Company Applications. Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any of the terms or conditions of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of any person or entity for the purpose of facilitating any of the activities that violate this Agreement.
You may stop using a Company Application at any time. Paid access is sold as a fixed Access Period that simply expires; it does not renew, so there is no recurring charge to cancel. Ending your use of a Company Application, or the expiration of an Access Period, does not end your legal registration obligations, which continue independently.
Upon any termination of this Agreement, you shall cease all use of the Company Applications. In the event that your rights to use any Company Application(s) is/are terminated, you may immediately lose access to any corresponding information that may be on our systems, including any Registration Information. Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.
Company reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of any Company Application(s) without compensation to you, including (i) restricting the time all or any part of any Company Application is available, (ii) restricting the amount of permitted use of all or any part of any Company Application, and (iii) restricting or terminating any user’s right to use all or any part of any Company Application, with or without notice; (b) charge fees in connection with the use of all or any part of any Company Application; (c) modify or waive any fees charged in connection with all or any part of any Company Application; or (d) offer opportunities to some or all users of all or any part of any Company Application. Any new features or updated content or applications that we make available as a part of any Company Application will be subject to this Agreement. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of any Company Application(s), in whole or in part, or of any service, content, or feature offered through any Company Application(s).
The Company Applications and (a) (i) their design, features, and functionality, (ii) any software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in or generated by Company Applications and the design, selection, and arrangement thereof, and (iii) any accompanying data and information; (b) documentation and accompanying fonts (clauses (a) and (b) collectively, the “Company Content”); and (c) any related intellectual property rights, including patents, copyrights, trademarks, trade secrets, know how, confidential information, manuals, processes, procedures, interfaces, features, and other similar rights or protectable attributes (collectively, “Company Intellectual Property”), and any improvements to the foregoing, are owned by Company or its licensors and are protected by the laws and conventions of the United States of America, including those governing copyrights, trademarks, patents, and/or trade-secrets. This Agreement does not transfer any title or rights to Company Applications, Company Content, or Company Intellectual Property to you. Except for the limited licenses granted to you by this Agreement, all title and rights to Company Applications, Company Content, and Company Intellectual Property remain with Company. Company reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that Company owns Company Applications, Company Content, and Company Intellectual Property.
The Company Applications and Company Content also are protected by copyright. Neither Company Applications nor any Company Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement. Use of Company Applications or Company Content in any other way or for any purpose other than as permitted in this Agreement is a violation of Company’s copyrights and other proprietary rights. Permission for all other uses of Company Applications or Company Content must be obtained from Company in advance and in writing. Further, you acknowledge and agree that the existence of a copyright notice on copies of Company Applications or Company Content is not an admission or presumption that the publication of Company Applications or Company Content has occurred or is intended.
You understand, acknowledge, and agree that Company owns all right, title, and interest in and to any improvements to Company Applications, Company Content, or Company Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that you made to Company. you UNDERSTAND THAT you HAVE NO RIGHTS TO THE Company APPLICATIONS, Company CONTENT, Company MARKS, OR ANY OTHER Company PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT. Company TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. Company WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE Company APPLICATIONS, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF Company OR OTHERS.
Subject to your compliance with all terms and conditions set forth in this Agreement, Company hereby grants you a personal, non-exclusive, non-sub-licensable, non-transferrable, limited license (a) to access and use Company Applications (as changed, modified, or upgraded by Company from time to time in its sole discretion) and (b) to view Company Content (other than Company software source code), in each case for Sex Offender Registration and Notification Act (SORNA) compliance reporting and only in accordance with the terms and conditions of this Agreement. Except as provided in this Agreement, when you use or access Company Applications, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Company. In addition, this Agreement does not entitle you to receive, and does not obligate Company to provide technical support, telephone assistance, or enhancements or updates to Company Applications.
In accordance with this license, you understand, acknowledge, and agree that you are allowed to:
You understand, acknowledge, and agree that unless expressly permitted by this Agreement, you are not allowed to:
The Company Applications may contain various third-party software components to enhance the functionality of Company Applications, and may also contain or interface with links to sites, applications or content hosted or provided by third parties which links may appear to embed such sites, applications or content into Company Applications (collectively, “Third-Party Materials”). Such Third-Party Materials may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously. Your use of such Third-Party Materials is subject to such terms and conditions, if any. If there is any conflict between this Agreement and any terms and conditions governing any Third-Party Material, then the terms of such terms and conditions will govern and control your use of that Third Party Material. It is your responsibility to read and understand any and all such terms and conditions, including the privacy implications therein. By your use of Company Applications, you represent to Company that you have read and agree to abide by those third-party terms and conditions.
Company is not able to control Third Party Materials, and assumes no responsibility whatsoever for any Third-Party Materials. By using Company Applications, you expressly relieve Company from any and all liability arising from your use of any Third-Party Materials. For purposes of this Agreement, references to Company Content shall be read and understood to include the Third-Party Materials.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE COMPANY APPLICATIONS AND COMPANY CONTENT IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE COMPANY APPLICATIONS AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE COMPANY APPLICATIONS ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF COMPANY. COMPANY DOES NOT WARRANT THAT USE OF THE COMPANY APPLICATIONS WILL SATISFY YOUR LEGAL REGISTRATION OBLIGATIONS OR THAT THE COMPANY APPLICATIONS WILL BE COMPATIBLE WITH ALL DEVICES OR OPERATING SYSTEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY APPLICATIONS AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES MAKE ANY, AND EACH HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE COMPANY APPLICATIONS AND COMPANY CONTENT, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND WARRANTIES OTHERWISE ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER COMPANY NOR ITS AFFILIATES REPRESENTS OR WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPANY APPLICATIONS, THAT THE OPERATION OF THE COMPANY APPLICATIONS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY APPLICATIONS OR COMPANY CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DATA TRANSMITTED TO OR FROM ANY LAW ENFORCEMENT OR GOVERNMENT AGENCY THROUGH THE COMPANY APPLICATIONS, OR THAT SUCH TRANSMISSION WILL BE RECEIVED OR PROCESSED BY THE INTENDED RECIPIENT. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE COMPANY APPLICATIONS, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE COMPANY APPLICATIONS OR IN ANY OTHER PRODUCT OR SERVICE OFFERED BY COMPANY OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, INCLUDING ANY DAMAGES ARISING FROM MISSED REGISTRATION DEADLINES, FAILURE TO TRANSMIT OR RECEIVE DATA, SYSTEM OUTAGES, ERRORS IN DATA ENTRY OR TRANSMISSION, OR ANY ADVERSE LEGAL CONSEQUENCES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF COMPANY OR ITS AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND COMPANY WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF COMPANY, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF COMPANY, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE-HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT OR STATUTORY CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This Section states Company’s entire obligation and your exclusive remedy arising out of your use of Company Applications or Company Content, and Company’s provision of any services associated with your use of Company Applications. You acknowledge that the disclaimers and limitations in this Section are a fundamental part of this Agreement, that Company would not agree to enter into this Agreement without them, and that they represent a fair and reasonable allocation of risk between you and Company given that the Company Applications are provided at a nominal fee.
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR USE OF THE COMPANY APPLICATIONS, FOR YOUR REGISTRATION INFORMATION AND THE OTHER INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL SUBMISSIONS PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU HEREBY RELEASE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS AND REPRESENTATIVES OF ANY LIABILITY FOR, AND WILL INDEMNIFY, DEFEND AND HOLD EACH OF THEM HARMLESS FROM AND AGAINST, ANY AND ALL CAUSES OF ACTION, CLAIMS, ALLEGATIONS, DEMANDS, ACTIONS, LAWSUITS AND PROCEEDINGS OF EVERY CHARACTER, KIND AND NATURE, AND ANY AND ALL DAMAGES, FINES, PENALTIES, DEFICIENCIES, LOSSES, LIABILITIES (INCLUDING SETTLEMENTS AND JUDGMENTS), COSTS AND EXPENSES (INCLUDING INTEREST, COURT COSTS, REASONABLE FEES AND EXPENSES OF ATTORNEYS, ACCOUNTANTS, EXPERTS AND OTHER PROFESSIONALS, AND OTHER REASONABLE FEES AND EXPENSES OF LITIGATION, MEDIATION, ARBITRATION AND OTHER ACTIONS OR PROCEEDINGS, AND OF ANY CLAIM, DEFAULT OR ASSESSMENT), THAT IN EACH CASE ARE SUFFERED, INCURRED OR SUSTAINED BY ANY OF THEM OR TO WHICH ANY OF THEM BECOME SUBJECT, AND THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR ACCESS TO OR USE OF THE COMPANY APPLICATIONS, (II) YOUR REGISTRATION INFORMATION AND THE OTHER INFORMATION YOU SUBMIT THROUGH THE COMPANY APPLICATIONS, INCLUDING ANY INACCURACY OR OMISSION, (III) ANY SUBMISSIONS PROVIDED USING YOUR ACCOUNT, (IV) YOUR VIOLATION OF THIS AGREEMENT, (V) YOUR INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF THE INTELLECTUAL PROPERTY, PROPRIETARY OR PRIVACY RIGHTS OF ANY THIRD PARTY, (VI) ANY EXERCISE OF ANY RIGHTS OR AUTHORIZATIONS YOU GRANT UNDER THIS AGREEMENT, OR (VII) ANY CLAIM BY A GOVERNMENT AGENCY, LAW ENFORCEMENT AUTHORITY, OR THIRD PARTY ARISING FROM OR RELATED TO YOUR REGISTRATION OBLIGATIONS OR YOUR FAILURE TO COMPLY WITH APPLICABLE LAW. COMPANY SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD-PARTY CAUSE OF ACTION, CLAIM, ALLEGATION, DEMAND, ACTION, LAWSUIT OR PROCEEDING PURSUANT TO THIS SUBSECTION, INCLUDING THE RIGHT TO SETTLE IT, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO COMPANY IN CONNECTION THEREWITH.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings relating to such subject matter, and there are no other representations, warranties, promises, covenants, commitments, understandings or agreements between the parties relative to such subject matter. The following policies are incorporated into and form part of this Agreement. Each is available through www.offenderwatch.com: (a) Privacy Policy; (b) Biometric Information Policy; and (c) SMS Terms and Conditions. In the event of a conflict between any incorporated policy and the terms of this Agreement, this Agreement controls. Nothing in this Agreement creates a joint venture, partnership, principalagent, or mutual agency relationship between the parties. Neither party has any right or power under this Agreement to create any obligation, expressed or implied, on behalf of the other. Each and all of the covenants and agreements herein contained will extend to and be binding upon the successors and assigns of the parties; provided, however, that you will not assign this Agreement or any part hereof without the prior written approval of Company. Any assignment by you of any interest in this Agreement, without the prior approval of Company, will be void ab initio. This Agreement is for the sole benefit of the parties and their successors and permitted assigns, and each party intends that this Agreement will not benefit, or create any right or cause of action in or on behalf of, any person or entity other than the parties and their successors and permitted assigns. If any court of competent jurisdiction finds that you did not assent to a specific provision of this Agreement, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent. If any term of this Agreement conflicts with the law under which this Agreement is to be construed, or if any such term is held invalid or unenforceable by a court with jurisdiction over the parties, such term will be deemed to be modified or restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, or if and to the extent such modification or restatement is not permitted under applicable law, such term will be severed from this Agreement. The remaining terms of this Agreement and the application of the challenged term to persons, entities or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each such term will be valid and enforceable to the greatest extent permitted by applicable law. The word “or” is not exclusive, and the word “include” and its derivatives will not be construed as terms of limitation. The words “will” and “shall” are expressions of command, not merely expressions of future intent or expectation. The word “may” means has the right, but not the obligation, to do something, and the words “may not” mean does not have the right to do something.
To ask questions or raise a concern about any Company Application(s), you may contact us at:
Watch Systems, LLC
4 Sanctuary Blvd, Mandeville, LA 70471
Email: support@offenderwatch.com