1. DESCRIPTION OF SERVICES
The Service is provided to you based on information posted by the state or other law enforcement agency in participating areas which information is received and captured by Watch (“Registered Offenders”). Watch has not and will not verify, warrant, vouch or confirm the accuracy of the data posted and makes no warranties whatsoever that the data is accurate, complete or timely when posted by the related agency. Further, Watch makes no representation or warranty that law enforcement agencies in your city or state are participating in the Service or submitting data information regarding Registered Offenders in your area to Watch’s Registered Offender database made available for the Service. The Service only provides Notifications of the attempted contact by Registered Offenders to specific monitored electronic devices, accounts, or services for which you have received a “Confirmation of Monitoring” after properly identifying the device, account, or service and submitted all necessary identifying or login information and the device, account, or service has been properly added to the monitoring network (“Monitored Devices”). Further, the Service only provides Notifications of the attempted contact by Registered Offenders using certain applications on Monitored Devices. You should check Watch’s list of monitored applications, as updated from time to time (located on the Site).
The Service does not monitor communications to any devices, accounts, or services that are not listed on Watch’s list of approved devices, accounts, and services (located on the Site) or that have not received approval through the receipt of a Confirmation of Monitoring; further, Watch makes no warranties whatsoever that upon receiving a Confirmation of Monitoring approval that the monitoring will be maintained for any period of time, available at all times, be free from any defects or errors, or that the monitoring results will be accurate, reliable, or correct. Watch may make changes to the Software and/or the Service at any time or may restrict your use of the Software or Service with, or without, reason at any time and without notice.
Except as expressly authorized by Watch, you agree not to: (a) sell, license, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from the material or content of the Service; (b) reverse engineer, reverse assemble, reverse compile, disassemble, decompile, or translate any portions of the Service, or otherwise attempt to derive the source code of any portion of the Service, modify or create derivative works of the Service or any updates thereof, or authorize any third party to do any of the foregoing; or (c) develop, sell or distribute services or applications that are capable of launching, being launched from, or are otherwise integrated with, the Service. Notwithstanding the above, you may print or download the materials or content of the Service for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Watch is prohibited.
By using the Software and Service, you hereby warrant, represent, covenant and certify the following:
- All information that you provide to Watch is true and accurate, including, without limitation, the state of residence and the ages of each of your children that will be using Monitored Devices with the service;
- You understand that Watch may store information regarding communications between the Monitored Devices and Registered Offenders including, without limitation, the contents of such communications but shall be under no obligation to deliver you with the stored information; however, Watch may, in its sole discretion, deliver such stored communications to law enforcement personnel;
- You will only use the Service as an aid to the protection of the welfare of your Minor Child for whom you are the legal guardian;
- Your use of the Site, Software, and Service will not be in violation of any federal, state, or local law, rule, ordinance or regulation that you are subject to. Notwithstanding the foregoing, Watch is not responsible for your violation of any of the preceding;
- You are solely responsible for all internet and mobile carrier charges in connection with the Services;
- You shall be responsible for furnishing any equipment, hardware, software, and connectivity necessary for the operation of the Software and Service;
- You consent to Watch granting you access to the Service and sending you Notifications of attempted contact by Registered Offenders to the Monitored Devices of your Minor Child;
- You consent to Watch taking the actions necessary to monitor the incoming and outgoing communications associated with the Monitored Devices;
- You will not use the Service to monitor the activities of: (i) any person that is 18 years of age or older, (ii) any person for whom you are not the legal guardian;
- You agree that Watch is not responsible or liable for any information you receive through the Service;
- You will only use the Site, Software, and Service to monitor the attempted communication of Registered Offenders to the Monitored Devices of your Minor Children for whom you are the legal guardian;
- You will only install the Software on computers, mobile Devices, or other network enabled devices for which you are the owner;
- You have advised all users of such devices on which the Software is installed that you own those devices and may re-possess and inspect the devices and monitor or inspect the data they contain;
- Your sole use of the Service is to protect your Minor Child’s welfare and wellbeing. You shall not use any data or information collected through the Service for any private and/or commercial purposes. Watch reserves the right to report any violations of this provision to the appropriate government authorities and to terminate your access to the Service without refund.
3. DATA AVAILABILITY
You hereby understand and acknowledge that the communication monitoring provided by the service is dependent on the availability of: (i) communication data received by Watch from the Software or from the manufacturers and providers of the Monitored Devices, and (ii) data regarding Registered Offenders that has been posted by various law enforcement agencies. Watch has not and will not verify, warrant, vouch or confirm the accuracy of the communication data or the Registered Offender data and makes no warranties whatsoever that the data is accurate, complete or timely, or law enforcement agencies are providing Watch with Registered Offender data in your area for purposes of the Service. The manufacturers of the Monitored Devices may prevent Watch’s monitoring or may modify the requirements of access to such devices, accounts, or services such that the Service may become inoperable for unexpected and undefined periods of time. Accordingly, you hereby agree and acknowledge that (i) the Service relies on external sources of data, (ii) that Watch does not have control over operation, functionality, or accuracy of these sources of data, (iii) that Watch is not responsible for any issues regarding the accuracy, timeliness, functionality, or operation of the Service arising from these external data sources, (iv) and that Watch is not responsible for your relationship with the manufacturer or provider of any devices, accounts, services, or operating systems, or any breach thereof, including any breach by you of any of the terms and conditions governing your relationship with such manufacturer or provider.
For all Monitored Devices, if your subscription to the Service is cancelled for any reason, or is suspended by Watch for the failure to pay for the Service, there is an investigation into the authenticity of the information provided, or a device is believed to be linked to a child that does not meet the requirements of this Agreement, Watch may (i) immediately cease monitoring all Monitored Devices related to your account, and (ii) delete all monitored data related to your account.
Certain devices, accounts, or services may require the installation of Watch Software to perform the communication monitoring provided by the Service, such installation may only be performed on devices that you own, that meet the requirements of this Agreement, and that are approved by Watch. This section applies to the extent your device stores any information, code, or data derived from the Software. You acknowledge and agree that Watch may, during the installation process, send notifications to the devices stating that the device belongs to its authorized owner, may be used only for safe and legal activities, and has software that monitors all outgoing and incoming communications to the device. Additionally, you acknowledge that the operating system manufacturer may send notifications to the user of the device, account, or service that the device, account, or service is being monitored by a third party application.
Software Updates. In an effort to improve the Service, Watch may require that you download and install updates to the Software from time to time. You acknowledge and agree that Watch may update the Software with or without notifying you, may add or remove features of the Service or Software with or without notifying you, and may prevent your access to previous versions of the Software without notifying you.
License. In consideration of payment by you of the applicable fees for the Service, Watch grants to you a limited, non-perpetual, non-exclusive, non-transferable, non-sublicensable subscription license to: (i) install the Software on one or more devices which are owned by you, are under your control and which meet the specifications provided herein, and (ii) view, review, and utilize the Service and any related information provided to you by Watch. In all cases your use of the Software is limited to that which is in accordance with the terms of this Agreement. You agree that you will not: (i) sell, lease, license, sublicense, assign or grant a security interest in the Software; (ii) decompile, disassemble, or reverse engineer the Software, in whole or in part; (iii) write or develop any derivative software or any other software program based upon the Software, except as directed by Watch and subject to the ownership terms of this Agreement; (iv) provide, disclose, divulge or make available to, or permit use of the Software by any third party without Watch’s prior written consent; or (v) copy the Software. You represent that participation under this Agreement will not breach any agreement to keep in confidence proprietary information acquired by you in confidence or in trust prior to this Agreement. You represent that you have not entered into, and will not enter into, any oral or written agreement in conflict herewith. In no event shall you grant any sublicense to the Software or permit any third party or entity (including another subscriber to the Service) to use the Software.
No Data Mining/Harmful Code. You agree that you will not: (i) intercept, examine or otherwise observe any proprietary communications protocol used by the Software or the Service, whether through the use of a network analyzer, packet sniffer or other device; or use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means or surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software or Service.
Maintaining device and account security is of the utmost importance. You are entirely responsible for maintaining the confidentiality of all usernames and passwords associated with the Service. You agree to notify Watch immediately if you believe your access credentials to the Service have been compromised in any way.
Watch retains all right, title, and interest in and to the original, and any copies of the Software and Service and all related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Watch. The Software and Service and all related written materials are protected by the copyright and patent laws of the United states and any applicable international copyright and patent treaties. The Software and Service is licensed, not sold, to you for use under the terms of this Agreement and Watch reserves all rights not expressly granted to you hereunder.
7. DISCLAIMERS; WARRANTIES
ALL INFORMATION PROVIDED THROUGH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NONINFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE INFORMATION, INCLUDING ADDRESS INFORMATION, OR ANY ASPECT OF WATCH’S SERVICE. WATCH DOES NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIEABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WATCH AND ANY OTHER PERSON INVOLVED IN TRANSMITTING THE SERVICE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE OR FOR OMMISSIONS OR INACCURACIES IN THE SERVICE PROVIDED BY WATCH AND ANY HARM TO COMPUTER SYSTEMS FROM VIRUSES, WORMS OR OTHER ELECTRONIC DAMAGE OR ANY FAILURE TO PROVIDE OR EVEN ANY FAILURE TO EVEN ATTEMPT TO PROVIDE THE SERVICE CONTEMPLATED HEREBY.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENIAL DAMAGES OR THE EXLUSION OF CERTAIN IMPLIED WARRANTIES, THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT MAY GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH RIGHTS VARY FROM JURISDICTION TO JURISDICTION.
8. WATCH COMMUNICATIONS
By entering into this Agreement with Watch you are consenting to the monitoring of communications both received and sent by the Monitored Devices, and the receipt of Notifications from Watch or your local law enforcement agency regarding communications on Monitored Devices to, or from, Registered Offenders. Watch may send you emails or other communications about services, products, events or other information we believe may be of interest to you. You may opt-out of future communications by notifying us by email of your desire to do so. We reserve the right, however, to email you or otherwise inform you of important information relating to your account with us, including any regulatory information. You may not opt-out of receiving information from Watch which is essential for maintaining or updating customers’ accounts or system information.
Watch agrees to endeavor to send all notices and Notifications regarding this service to the email address or phone number provided by you (“Contact Information”). If such Contact Information becomes inoperable, you must provide new Contact Information to Watch in order to continue receiving Notifications. Notifications will not be mailed or otherwise delivered in the event your Contact Information is inoperative. Watch takes no responsibility to contact you regarding defects in your email, phone, or any other communication methods and will provide no refund of fees because of inoperable Contact Information submitted by you.
9. TERM OF AGREEMENT
Watch agrees to provide the Protect Plus Service contemplated hereby for a period of one year from the date you establish it by providing credit card information for billing purposes. Watch’s fee for this service (currently $9.99 per family account) annual fee is non-refundable for the one-year term. Furthermore, this Agreement will automatically renew in one-year intervals if not cancelled by either party with ninety days advance notice. If you fail to provide such notice, in addition to charging your credit card (designated by you) for the initial year of service, you hereby authorize Watch to charge your credit card for each additional year of service without requiring a signature on any form and without notice to you (other than by your credit card company statement). Any failure to pay by you shall justify immediate termination of the service contemplated hereby without notice to you of such termination.
Watch reserves the right, in its sole discretion, to terminate your access to all or part of the Service with or without notice.
10. LIMITATION OF LIABILITY; INDEMNIFICATION
As a condition to registering to use the service you expressly agree that neither Watch nor its affiliates, officers, directors, employees or agents shall be liable under any claim, demand or action arising out of or relating to your reliance upon the information provided by the Service. In no event will Watch, its affiliates, officers, directors, employees or agents have any liability for direct, special, incidental, consequential or punitive damages, including, without limitation, even if they have been advised of the possibility of such damages and whether or not damages are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. Without limiting any of the foregoing terms, Watch’s liability in connection with this Agreement shall not exceed the amount you originally paid for the Service related to your claim. You agree to indemnify and hold Watch, its affiliates, officers, directors, employees and agents harmless from any claims, lawsuits, proceedings, costs, attorneys’ fees, damages or other losses arising out of or relating to your use, or misuse, of the Service or any information derived therefrom. Upon a request from Watch, you agree to defend, indemnify, and hold harmless Watch and its affiliated companies and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Service. Watch reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Watch in asserting any available defenses.
Except as provided below, Watch does not use or disclose information about your individual visits to its internet site or information that you may give Watch, such as your name and address, email address, telephone number, electronic device information, and account login information to any outside companies. However, Watch may share with its partners aggregated statistical “ratings” information about the use of the Service.
Watch will disclose its customers’ personal and account information if Watch has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Watch, Watch’s customers, or others, or where Watch has a good faith belief that the law requires such disclosure.
12. AMENDING THIS AGREEMENT
Watch may modify the terms of this Agreement at any time by posting a revised version on the Watch website (www.offenderwatch.com) or by sending a message to the email address or phone number associated with your account. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the website regularly for modifications to this Agreement. We last modified the Terms on the date listed at the end of this Agreement. If at any point you do not agree with any portion of the terms of this Agreement, you must immediately stop using the Site and/or Service.
Watch may assign the rights and delegate the duties under this Agreement to any company affiliated with us or to any other party.
Watch will protect the confidentiality of its customers’ information, account information, and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of Watch. To protect the loss, misuse, and alteration of information that is collected from customers, Watch has reasonably appropriate physical, electronic, and managerial procedures in place.
Watch may waive any term or provision of this Agreement at any time but any such waiver shall not be deemed a waiver of the term or provision in the future.
This Agreement shall be governed by the law of the state of Louisiana without regard to its conflicts of law principles. This is the case regardless of whether you reside in or receive notifications regarding areas outside Louisiana. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Service or this Agreement shall be filed only in the state or federal courts located in St. Tammany Parish in Louisiana or the nearest federal court to St. Tammany Parish, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You hereby agree that Watch would be irreparably damaged if the terms of this Agreement were not enforced as written, and therefore you agree that Watch shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Watch may have available under applicable law.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Watch with respect to the services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Watch. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you agree to the terms and conditions stated herein, please click on the “I agree” button provided on this page and continue with your application.
If you have any questions about this privacy statement, the practices of this site, or your dealings with the OffenderWatch Website or any OffenderWatch application, you can contact us at [email protected] phone: 985-871-8110
Watch Systems, LLC
4 Sanctuary Blvd.
Mandeville, LA 70471