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.li 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.li 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.li 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.li) 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.li 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.li 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.li site in any manner that could damage, disable, overburden, or impair the Watchful.li site, (or the network(s) connected to the Watchful.li site) or interfere with any other party’s use and enjoyment of the Watchful.li site. You may not attempt to gain unauthorized access to the Watchful.li site, other accounts, computer systems or networks connected to the Watchful.li 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.li site.

MODIFICATION OF THESE TERMS OF USE

Watchful reserves the right to change the terms, conditions, and notices concerning use of the Watchful.li site without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Watchful.li site. Your continued use of the Watchful.li site constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Watchful reserves the right, in its sole discretion, to terminate or limit your access to any or all off the Watchful.li 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.li 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.li site.

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.li 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.

TRADEMARKS

All trademarks and trade dress that appear on the Watchful.li 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.

COPYRIGHT

All content that is made available to view and/or download or purchase in connection with the Watchful.li 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.li 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.
Suite K-200
Milwaukee WI
USA 53217

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of Watchful may receive a password from Watchful to access certain information on the Watchful.li 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

Watchful.li site, may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Watchful and Watchful is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Watchful is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Watchful responsible if the Linked Site is not working appropriately. Watchful is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Watchful of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the Watchful.li 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.LI SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WATCHFUL.LI SITE AND MATERIALS, AND TO THE INFORMATION THEREIN. WATCHFUL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WATCHFUL.LI 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.LI 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.LI 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.LI SITE, BY ANY THIRD PARTY.

 

INDEMNIFICATION

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.li site, and/or any information (text or graphical), software, Products or Services obtained through the Watchful.li site, and/or from Watchful.

APPLICABLE LAW

All disputes against Watchful, including but not limited to disputes as to this Terms of Use; the site license; the Products, the Services, site access restriction and/or termination; Watchful's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Wisconsin, U.S.A. and shall be submitted to a state or federal court in the State of Wisconsin, and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Watchful.li site, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

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.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Watchful with respect to the Watchful.li 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.li 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.

REFUNDS

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 in accordance with Watchful's applicable guidelines. The Customer’s purchase of the Products 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.