It is of the utmost importance that no one in Broward County feels unsafe. The SaferWatch App gives anyone the ability to send non-emergency text, video, and audio tips from your smartphone directly to us. It’s a fast, easy, and effective way to...
Effective Date: May 1, 2018
Last Updated: June 15, 2018
THE SAFERWATCH MOBILE APPLICATION IS PART OF A SOFTWARE-BASED COMMUNICATION TOOL OFFERED BY SAFERWATCH LLC FOR THE PURPOSES OF (1) FACILITATING EMERGENCY AND NON-EMERGENCY COMMUNICATIONS AND NOTIFICATIONS AMONG USERS AND ORGANIZATIONS (INCLUDING EMERGENCY SERVICE PROVIDERS AND LAW ENFORCEMENT AGENCIES) AND (2) ALLOWING USERS TO REPORT CERTAIN INFORMATION AND TIPS (INCLUDING TO LAW ENFORCEMENT AGENCIES). saferwatch IS NOT ITSELF AN EMERGENCY SERVICE PROVIDER OR LAW ENFORCEMENT AGENCY AND IS NOT RESPONSIBLE FOR MONITORING THE CONTENT OF COMMUNICATIONS OR INFORMATION TRANSMITTED THROUGH THE SERVICES OR FOR RESPONDING TO COMMUNICATIONS OR INFORMATION TRANSMITTED THROUGH THE SERVICES. LOCAL EMERGENCY SERVICE PROVIDERS AND LAW ENFORCEMENT ARE SOLELY AND FULLY RESPONSIBLE AND LIABLE FOR PROVIDING SUCH SERVICES in your AREA, AND SAFERWATCH DISCLAIMS ALL RESPONSIBILITY THEREFOR. iN THE EVENT OF AN EMERGENCY, THE APP AND SAFERWATCH’S OTHER SERVICES MAY NOT OFFER THE BEST OR FASTEST MEANS FOR CONTACTING AND COMMUNICATING WITH EMERGENCY SERVICES PERSONNEL, LAW ENFORCEMENT OR OTHER ORGANIZATIONS. A QUICKER RESPONSE MAY BE ACHIEVED BY DIALING 911. it is solely and entirely user’s responsibility to determine the best and fastest means for requesting emergency services and otherwise communicating with emergency service providers AND LAW ENFORCEMENT. THE app and related services are MERELY A SOFTWARE TOOL AND saferwatch MAKES NO GUARANTEES THAT USE OF THE APP OR OTHER SERVICES WILL PREVENT, STOP OR MINIMIZE EMERGENCY SITUATIONS OR THAT USE OF the app or ANY OF THE other SERVICES WILL PREVENT, STOP OR MINIMIZE INJURY OR DEATH TO PERSONS OR THEFT OF OR PHYSICAL DAMAGE TO PROPERTY.
The App and Services are not a replacement for 911. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities and do not rely on this service. SaferWatch does not guarantee and has no control over whether any alerts, messages, emails, notifications or any other service will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.
THIS AGREEMENT CONTAINS PROVISIONS LIMITING SAFERWATCH’S LIABILITY INCLUDING AS SET FORTH IN SECTION 12.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION 18 BELOW. PLEASE READ CAREFULLY.
1.1 Agreement. SaferWatch LLC (referred to as “SaferWatch” or “us” or “we” or “Company”) provides a suite of safety-focused software-as-a-service (SaaS) web and mobile based products, including a downloadable mobile application (as further defined below, the “App”) and various related services, which together facilitate two-way communications between individuals and Organizations (defined below) during emergency and non-emergency situations, including the reporting of situations, tips or other information happening in and around certain locations. SaferWatch provides the App and other Services (defined below) subject to User’s (defined below) compliance with all the terms, conditions, policies and notices contained or referenced herein (the “End User License Agreement” or “Agreement”), as well as any other written or electronic agreement between SaferWatch and such User. In addition, when using the App and/or other Services, Users shall be subject to any posted guidelines, rules or documentation (if any) applicable to such services or materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines, rules or documentation are hereby incorporated by reference into this Agreement. BY DOWNLOADING, ACCESSING OR USING THE APP, SUBMITTING ANY INFORMATION OR TAKING ANY ACTION VIA THE APP, OR OTHERWISE USING ANY OF THE SERVICES AND/OR REGISTERING WITH US (INCLUDING BY CLICKING “SIGN UP” ON THE APP SIGN UP / REGISTRATION PAGE THAT INCLUDES LINKS TO THIS AGREEMENT), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT AND CEASE ALL USE OF THE APP AND ALL RELATED SERVICES NOW.
1.2 Effective Date; Right to Modify; Binding Effect of Continued Use. This Agreement is effective as to you as of the date that you download/install the App or otherwise use or access and of the Services. SaferWatch reserves the right to change this Agreement from time to time without notice to Users and any modifications or changes to this Agreement shall be effective upon such modification or amendment being posted. User acknowledges and agrees that it is User’s responsibility to review the App and this Agreement periodically and to be aware of any modifications. User’s continued use of the App or other Services after such modifications will constitute User’s acknowledgement of the modified Agreement and agreement to abide and be bound by the modified Agreement.
1.3 Corporate Use. If you are entering into this agreement on behalf of an Organization, company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the App and our other Services through your account to this Agreement, in which case the terms “User” “you” or “your” shall refer to such entity, its affiliates, employees and users associated with it. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not access nor use the SaferWatch Platform or any of our other services.
1.4 USE AT YOUR OWN RISK. AS PREVIOUSLY NOTED, THIS MOBILE APPLICATION IS PART OF A SOFTWARE-BASED COMMUNICATION TOOL OFFERED BY SAFERWATCH FOR THE PURPOSE OF FACILITATING EMERGENCY AND NON-EMERGENCY COMMUNICATIONS AMONG ORGANIZATIONS (INCLUDING EMERGENCY SERVICE PROVIDERS AND LAW ENFORCEMENT) AND USERS, INCLUDING THE REPORTING OF SITUATIONS, TIPS OR OTHER INFORMATION HAPPENING IN AND AROUND CERTAIN LOCATIONS. saferwatch IS NOT ITSELF AN EMERGENCY SERVICE PROVIDER OR LAW ENFORCEMENT AGENCY AND IS NOT RESPONSIBLE FOR MONITORING THE CONTENT OF COMMUNICATIONS OR INFORMATION (including any ORGANIZATION data or user data) TRANSMITTED THROUGH THE SERVICES OR RESPONDING TO COMMUNICATIONS OR INFORMATION (Including any ORGANIZATION data or user data) TRANSMITTED THROUGH THE SERVICES. EACH USER IS solely responsible and liable for ITS USE of THE SERVICES AND FOR DETERMINING WHETHER TO SUBMIT INFORMATION OR COMMUNICATIONS (INCLUDING USER DATA) TO THE APP OR OTHER SERVICES. saferwatch EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR AND WILL NOT VERIFY THE ACCURACY, COMPLETENESS or credibility OF COMMUNICATIONS AND INFORMATION (including ORGANIZATION data and user data) TRANSMITTED THROUGH THE SERVICES. LOCAL EMERGENCY SERVICE PROVIDERS AND LAW ENFORCEMENT ARE SOLELY RESPONSIBLE FOR PROVIDING EMERGENCY SERVICES AND LAW ENFORCEMENT ACTIVITIES in your AREA, AND SAFERWATCH DISCLAIMS ALL RESPONSIBILITY THEREFOR. iN THE EVENT OF AN EMERGENCY, THE APP AND OTHER SERVICES MAY NOT OFFER THE BEST OR FASTEST MEANS FOR CONTACTING AND COMMUNICATING WITH EMERGENCY SERVICES PERSONNEL OR LAW ENFORCEMENT. A QUICKER RESPONSE MAY BE ACHIEVED BY DIALING 911. it is solely and entirely user’s responsibility to determine the best and fastest means for requesting emergency services OR LAW ENFORCEMENT and otherwise communicating with emergency service providers OR LAW ENFORCEMENT. THE app and related services are MERELY A SOFTWARE TOOL AND saferwatch MAKES NO GUARANTEES THAT USE OF THE APP OR OTHER SERVICES WILL PREVENT, STOP OR MINIMIZE EMERGENCY SITUATIONS OR THAT USE OF the app or ANY OF THE other SERVICES WILL PREVENT, STOP OR MINIMIZE INJURY OR DEATH TO PERSONS OR THEFT OF OR PHYSICAL DAMAGE TO PROPERTY. Reliance on any COMMUNICATIONS OR INFORMATION (including organization data and user data) TRANSMITTED THROUGH THE SERVICES is solely at user’s own risk. USER ACKNOWLEDGES AND AGREES THAT SAFERWATCH AND SAFERWATCH’’S AFFILIATES WILL NOT be held liable for damage, DEATH or injury resulting from access or the impossibility of access or from the use or impossibility of use of SERVICES (OR ERRORS IN THE SERVICES) or from the fact that user HAS OR HAS NOT relied on information OR COMMUNICATIONS (INCLUDING organization DATA OR USER DATA) TRANSMITTED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, user ACKNOWLEDGES THAT organizations (AND NOT SAFERWATCH) are responsible for uploading exit maps, emergency operating procedures and other similar information to the services and for disseminating and/or implementing those exit maps, emergency operating procedures and other information in appropriate circumstances. saferwatch assumes no responsibility for the correctness or appropriatEness of such exit maps, eMERGENCY operating procedures or other information. each ORGANIZATION ALSO EXERCISEs SOLE CONTROL OVER ALL EMERGENCY ALERTS, NOTIFICATIONS or other communications TRANSMITTED BY IT to users THROUGH THE SERVICES, INCLUDING THE TIMING, CONTENT AND RECIPIENTS OF SUCH ALERTS, NOTIFICATIONS or other communications. user UNDERSTANDS AND AGREES THAT saferwatch AND THE saferwatch PARTIES DISCLAIM ANY AND ALL LIABILITY, WHATSOEVER, WHETHER RAISED BY A THIRD PARTY OR OTHERWISE, FOR ANY AND ALL REASONS RELATED TO PERSONAL INJURY, DEATH OR LOSS, INVASION OF PRIVACY, PROPERTY DAMAGE, AND INTERRUPTION TO BUSINESS WHICH MAY RESULT FROM THE USE OR ANY ERRORS OR OMISSIONS OF THE SERVICES, OR FROM an ORGANIZATION’S or user’s FAILURE TO UPDATE OR PROVIDE ANY INFORMATION THROUGH THE SERVICES. user ACKNOWLEDGES THAT DUE TO SAFERWATCH APP SETTINGS, MOBILE DEVICE SETTingS OR OTHER TECHNOLOGICAL OR USER or organization IMPLEMENTATIONS, RESTRICTIONS, SETTINGS OR LIMITATIONS, (1) USERS and/or an ORGANIZATION MAY HAVE LIMITED OR NO FUNCTIONALITY WITH REGARD TO THE SERVICES OR APP, (2) CERTAIN INFORMATION, ALERTS OR COMMUNICATIONS MAY NOT BE SENT OR RECEIVED IN A TIMELY MANNER OR AT ALL, AND (3) LOCATION BASED COMMUNICATIONS AND GEO-FENCING RESTRICTIONS MAY NOT BE FULLY ACCURATE AND ALL INTENDED RECIPIENTS MAY NOT receive (OR BE ABLE TO SEND) COMMUNICATIONS.
“Affiliates” means SaferWatch’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the App and any of our other Services (including Apple and Google).
“App” means the mobile application currently known as “SaferWatch” that may be downloaded, installed or is otherwise accessible on a User’s mobile device via the Sites, the Apple App Store, the Google Play Store, or other similar platforms.
“Organization” means an organization (including law enforcement agencies and other emergency service providers) that has entered into a written contract with SaferWatch for purposes of facilitating two-way communications between Users and that Organization during emergency and non-emergency situations and the reporting of situations, tips or other information by Public Users happening in and around geo-locations and certain addresses or otherwise making available certain Services functionality to certain Users.
“Organization Data” means any data, information, files, reports, content, media, notices, alerts, maps, written guidelines or operating procedures, or other material or communications that an Organization (or an Organization’s employees, agents or other representatives) input or upload to the App or other Services.
“Services” means (i) the App, (ii) the Sites, (iii) any specific service or offering that may be provided to a User by SaferWatch via the App or the Sites, including (a) the ability for Users and Organizations to engage in communications during emergency and non-emergency situations, including the ability for Organizations to send notifications to Public Users, or (b) the ability of Public Users to send information and tips to Organizations related to situations, potential crimes or other activities happening in and around geo-locations and certain addresses, (iv) any support services and related technologies that may be provided by SaferWatch in its sole discretion for maintaining and monitoring your use of the foregoing, and (vi) any other services or offerings that SaferWatch may provide from time to time to Users under this Agreement.
“Sites” means the underlying administrative websites available by SaferWatch to an Organization (or an Organization’s employees, agents or other representatives) for purposes of facilitating communications between that Organization and Users.
“User” or “you” or “your” (and similar terms) means any person that downloads, installs, visits, views, uses or accesses any portion of the App or otherwise receives the Services. “Public Users” are individuals that use the App and Services in their personal or individual capacity. “Organization Users” are employees or agents of an Organization who are utilizing the App and Services on behalf of the Organization (and not in their public or individual capacity). For clarity, all Public Users and Organization Users shall be considered Users for purposes of this Agreement.
“User Data” means any (i) data, information, files, reports, content, media, tips, communications or other material that a User inputs or uploads to the App or other public facing portions of the Services or (ii) other information or data that is collected or accessed by the App related to a User (including as set forth in our PRIVACY POLICY).
3.1 Access and Use. Subject to the terms and conditions of this Agreement, SaferWatch grants you a limited, non-exclusive, non-transferable right and license to access and use the App solely for purposes of receiving the Services and only consistent with the other limitations set forth in this Agreement. Without limiting the foregoing, SaferWatch hereby further grants you a limited, non-exclusive, non-transferable right and license to download, install and use the App on your mobile device strictly in accordance with this Agreement.
3.2 Subscribing to Locations; Services Use. The App and Services may allow you to subscribe to certain locations related to an Organization by joining such locations (including public locations) from the App. By using the App and selecting certain Organizations or locations to receive information from, you agree to receive messages and other forms of Organization Data provided by Organizations through the App and related phone notification settings. Public Users acknowledge and agree that the App and Services may (i) facilitate the ability for Public Users to receive messages and notifications (and other forms of Organization Data) during emergency and non-emergency situations and/or (ii) allow Public Users to send information, tips and other types of User Data to Organizations related to situations, potential crimes or other activities. You hereby grant SaferWatch all necessary rights, licenses and permissions to facilitate such communications and to provide all information and User Data you provide through the App to Organizations (including Organization that you may select or join through the App), including without limitation, local law enforcement agencies. YOU UNDERSTAND AND AGREE THAT USER DATA YOU PROVIDE THROUGH THE APP MAY BE PROVIDED TO AND USED BY LAW ENFORCEMENT AND OTHER SIMILAR ORGANIZATIONS IN THEIR OPERATIONS AND ACTIVITIES. YOU UNDERSTAND THAT BY USING THE APP YOUR ARE GRANTING SAFERWATCH AND ORGANIZATIONS A RIGHT TO USE YOUR USER DATA AS SET FORTH IN 6.3 AND IN ACCORDANCE WITH OUR PRIVACY POLICY. You also understand that in using the App, you may receive notifications from Organizations and that the App may provide us with your location to help facilitate such notifications and otherwise allow you to send certain information to us.
3.3 Tipping; False Reports. The App allows Public Users to report or tip information to Organizations about a crime or suspicious activity on both an identified and anonymous basis. Please see our PRIVACY POLICY on how we treat anonymous tipping User Data. Neither SaferWatch nor any Organization or third party makes any representation as to if, how, or when (if ever) any information you submit may be acted upon by law enforcement agencies or public safety officials. In addition, SaferWatch cannot guarantee how often (if ever) any such Organization, agency or official will review and monitor submitted tips or take any actions related thereto. Under no circumstances should you rely on the anonymous tip service to report issues of an emergency nature or for conditions requiring an immediate response. If your issue is an emergency, please dial your local emergency responder. In addition, you covenant and agree not to submit any false, misleading or otherwise deceptive tips, User Data or information through the App (collectively “False Reports”). The submission of any False Reports may result in law enforcement action against you, including potential arrests or criminal charges as permitted by Applicable Law. IN certain circumstances, as more fully set forth in our PRIVACY POLICY, we may provide specific user information relating to anonymous tips (in which case you would no longer be anonymous).
3.4 Data and Information from Third Party Sites. Users may be required or allowed to link to a Google account or other third party account or site in order to provide, submit or upload User Data or other information to the Services or to otherwise communicate with an Organization (e.g. Facebook, Google Accounts, etc.). You expressly acknowledge and agree and grant us all necessary rights and licenses to access your User Data and other information that may be hosted on third party sites, integrate into third party APIs to access and transmit your User Data and other information to the Services, store such User Data and information and process and use such User Data and other information via the Services. You are solely responsible for complying with all third party agreements, terms of service or other applicable legal terms and ensuring that you have the right to transmit User Data to the Services and permit the Services to process the User Data.
3.5 Limitations. SaferWatch makes certain Services available to Users via the App. SaferWatch reserves the sole right to either modify or discontinue the Services, including the App and any features therein, at any time with or without notice to User. SaferWatch shall not be liable to User or any third party should SaferWatch exercise such right. User understands and agrees that temporary interruptions of the Services may occur as normal events. User further understands and agrees that SaferWatch has no control over third party networks that User may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond SaferWatch’s control. User understands and agrees that the App and each of the other Services are provided “AS IS” and that SaferWatch assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User Data or Organization Data, communications or personalization settings. User understands that certain functionality and portions of the App or other Services may only be available to certain parties and that not all functionality and portions of the App or other Services may be available to all Users. In particular, Users that are employees, agents and other representatives of an Organization may have access to internal and back-end administrative features and functionality. Any new features that augment or enhance the current Services shall be subject to this Agreement.
3.6 Equipment and Requirements. User acknowledges that certain portions or features of the Services may not be fully accessible or functional without a working computer or mobile device, a working Internet connection and/or working access to a cellular network, and applicable modems, hardware, servers, software, operating systems, networking, web servers, newer model mobile devices, and other technology, software, equipment or system elements that may be specified by SaferWatch from time to time or otherwise required to access the Services (the “Required Technology”). If User is unable to access all or part of the Services because it does not have access to any necessary Required Technology, SaferWatch shall not be liable for any loss, damage, injury, claim or expense which may result from User’s inability to access the Services.
3.7 Network Limitations. User understands and agrees that temporary interruptions of the Services may occur as normal events. SaferWatch may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third party faults or discontinued services. SaferWatch does not guarantee or warrant that any User Data or Organization Data that you save, store or access through the Services will not be subject to inadvertent damage, corruption, or loss. You are encouraged to back up the files that you store or access via the Services. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Services, including User Data and Organization Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Additionally, User further understands and agrees that SaferWatch has no control over third party networks (including cellular networks) that you or other Users or Organizations may access or attempt to access in the course of the use of the Services, and therefore, delays and disruption of network transmissions and inaccuracies in results may be completely beyond SaferWatch’s control and SaferWatch assumes no responsibility for such delays, disruptions or inaccuracies. Without limiting the foregoing, User acknowledges that the accuracy of location-based information, including information based on geo-fencing and geographic boundaries, may be impacted by network settings selected by Users or an Organization. Additionally, the interoperability of phone and internet networks may impact the timeliness and delivery of alerts, notifications and other communications circulated using the Services including those based on geo-fencing and geographic boundaries. Without limiting any other provision in this Agreement, User understands and agrees that the App and each of the other Services are provided “AS IS” and that SaferWatch assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Organization Data, User Data, or any other communications or personalization settings.
3.8 Reservation of Rights. You acknowledge and agree that the App and other Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the App or Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. SaferWatch and its licensors and service providers reserve and shall respectively retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
User’s affirmative act of downloading, viewing or using any portion of the App or any of the other Services (including, without limitation, submitting any forms or communications via the App) constitutes User’s electronic signature to this Agreement and User’s consent to enter into agreements with SaferWatch electronically. User also agrees that SaferWatch may, but has no obligation to, send to User in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). SaferWatch can send User electronic Notices (i) to the e-mail address that User provided to SaferWatch (if any), or (ii) by posting the Notice through the App. The delivery of any Notice from SaferWatch is effective when sent or posted by SaferWatch, regardless of whether User reads or views the Notice when User receives it or whether User actually receives the delivery. User can withdraw User’s consent to receive Notices electronically by discontinuing User’s use of the Services. User can retrieve an electronic copy of this contract by clicking on the “Agreement” link on the App. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
All questions, complaints, claims or other notices to SaferWatch shall be in writing and shall be made either via email or conventional mail to the addresses set forth below, or using any contact functions made available via the App.
Email: Support @ SaferWatchApp.com
Phone: 844 -44WATCH
Address: 16192 Coastal Highway, Lewes, DE 19958
Any notices or communication under this Agreement will be deemed delivered to SaferWatch on the delivery date.
5.1 Accuracy; Security. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by SaferWatch’s forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, SaferWatch reserves the right to terminate User’s use of the Services and withdraw any offer or agreement. You agree to keep your account information, including your login and password, secure and not to share it with any third party. You are solely responsible for the maintaining the security of your account.
5.2 Restrictions. While using Services, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Services or submit any of our forms if you temporarily or indefinitely suspended from using our Services; (iii) manipulate the App, the other Services, email responses or interfere with any other users use of the Services; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, the App or any of our other Services or any of our business ideas, (vii) distribute viruses or any other technologies that may harm SaferWatch, an Organization, or the interests or property of our other users; (viii) copy, modify, or distribute rights or content from the App or commercialize any of our Services or any information or software provided with such Services; (ix) harvest or otherwise collect information about our users, including email addresses, without their consent; (x) use the Services to gain unauthorized access to SaferWatch’s or an Organization’s network(s) or server(s); (xi) interfere with any User’s use and enjoyment of the App or other Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and SaferWatch has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
5.3 Age for Use of the Services. User must be 18 years of age or older to visit or use any of the Services in any manner except for Users who are between 13 and 18 years old if they have obtained the consent and approval of their legal guardian. If you are between 13 and 18 and using the App, you represent and warrant to us that you have obtained such consent and we are relying on such representation in order to provide you the App and Services. By using the App, receiving any of the other Services or otherwise accepting this Agreement, User represents and warrants to SaferWatch that User is at least 18 years of age or older (except as set forth in the preceding sentence for Users between 13 and 18), and that User has the right, authority and capacity to agree to and abide by this Agreement. User also represents and warrants to SaferWatch that User will use the Services in a manner consistent with any and all applicable laws and regulations.
5.4 Remote Monitoring. SaferWatch shall have the right and ability to monitor User’s use of the Services remotely and/or electronically to verify User’s compliance with the terms of this Agreement.
5.5 Telemetry and Remote Collection. User acknowledges and agrees that the App and/or certain other Services may transmit to SaferWatch (and SaferWatch may collect and use) certain data and information related to the App or the Services, including as related to its operation and use.
5.6 Remote Disablement. In the event that User breaches any of the terms of this Agreement, User acknowledges and agrees that SaferWatch may remotely disable or terminate User’s use of the App or other Services.
6.1 Privacy Policy. The information SaferWatch obtains through User’s use of the App and the other Services, including User information, is subject to SaferWatch’s PRIVACY POLICY, which is specifically incorporated by reference into this Agreement.
6.2 User Data. You are responsible for all User Data submitted to the App or any of the other Services and any activity that occurs under your account. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use your User Data. SaferWatch shall not be responsible for any data, information or material that you authorize us to retrieve or that you submit to the Services in the course of using the Services. SaferWatch does not pre-screen, verify, confirm or otherwise authorize User Data. However, SaferWatch and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any User Data that is processed by or provided to the Services. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are illegal, threatening or otherwise objectionable or violates any party’s intellectual property or this Agreement.
6.3 User Grant of Licenses. User acknowledges and agrees and hereby grants SaferWatch a perpetual, irrevocable, sublicensable, transferable, royalty-free and worldwide right and license to: (i) access, use, process, display and manipulate any User Data and any User systems as necessary to provide, improve and monitor the Services; (ii) display or otherwise use User’s name, logo and trademarks, to provide the Services; (iii) use User information and User Data for its commercial, marketing, and/or research purposes consistent with SaferWatch’s PRIVACY POLICY and such other purposes set forth in such policy; and (iv) sublicense the User Data to Organizations in order for such Organizations to access and use the User Data in connection with receiving SaferWatch’s service offerings, including for purposes of allowing such Organizations to communicate with Users in emergency and non-emergency situations, to respond to situations, tips or other reports reported by Users, and to otherwise exercise rights granted to them by SaferWatch.
6.4 Access. You understand and agree that certain information, tips and other User Data you may import to or process on the App or other Services may become available to emergency service responders and other Organizations or SaferWatch customers. You are solely responsible for monitoring what information, tips and other User Data you might make publicly available and we are not responsible or liable for any claims related to you making such information, tips or User Data publicly available, including, for example, if you might share certain alerts or notices publicly or with other individuals.
User agrees that SaferWatch may at any time, and at SaferWatch’s sole discretion, terminate User’s access to any portion or all of the Services without prior notice to User for violating this Agreement, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. In addition, User acknowledges that SaferWatch will cooperate fully with investigations of violations of systems or network security at other sites. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the App or any of the other Services immediately ceases, and User acknowledges and agrees that SaferWatch may immediately deactivate or delete User’s account (if applicable) and all related information and files in User’s account and/or bar any further access to such files, the App and the other Services. SaferWatch shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by SaferWatch in connection therewith. Applicable provisions of this Agreement shall survive any termination.
The App or other portions of the Services may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials, content and/or services provided by Organizations or other parties (“Third Party Materials”). These Third Party Materials may contain information or material that some people may find inappropriate or offensive. These Third Party Materials (and the third parties responsible therefor) are not under SaferWatch’s control, and User acknowledges that SaferWatch is not responsible for the accuracy, completeness, appropriateness, validity, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor is SaferWatch responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third Party Materials, including any reference or link thereto, is provided merely as a convenience and does not imply endorsement of, or association with, the App, the Services, SaferWatch or SaferWatch’s Affiliates, or any warranty of any kind, either express or implied. You access and use all such Third Party Materials entirely at your own risk and subject to such third parties’ terms and conditions.
9.1 SaferWatch Ownership. By accepting this Agreement, User acknowledges and agrees that the App and each of the other Services are owned by SaferWatch and are protected by U.S. and international intellectual property laws, and that SaferWatch shall solely own and retain all right, title and interest to, including all intellectual property rights in, the App and Services. Any unauthorized use of the App or other Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SaferWatch nor SaferWatch’s Affiliates warrant or represent that User’s use of the Services will not and does not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Services that may be protected by patent applications pending in, or filed with, the United States, and SaferWatch may prepare and file additional patent applications in selected foreign jurisdictions.
9.2 Feedback. By submitting feedback and suggestions to us, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to SaferWatch to use to improve SaferWatch products or services or to otherwise commercialize in our sole discretion. You acknowledge that submission of feedback and suggestions is voluntarily and SaferWatch may consider or is developing technology that is the same or similar to your feedback or suggestions.
10.1 User Data. Subject to the rights granted by User under Section 6.3, SaferWatch agrees that the User Data is owned by User. User is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all User Data, and SaferWatch assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Data. SaferWatch shall not be required to maintain a backup or copy of any User Data and SaferWatch shall have no liability for any loss of User Data, whether caused by SaferWatch, User, any third party service provider or any third party. User shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services. User is solely responsible for ensuring that it has all rights necessary to provide the User Data to SaferWatch and the Services. User acknowledges and agrees that no transmission or hosting of data is 100% secure and there remains a possibility that User Data may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method and SaferWatch shall have no liability relating to any such breach or access.
10.2 Suspected Copyright Violations. SaferWatch respects the intellectual property of others, and SaferWatch asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by the Services, User should send notification to SaferWatch, via the contact information described herein, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit SaferWatch to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit SaferWatch to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
THE APP, THE SERVICES, AND ALL SERVICES PROVIDED THROUGH, THE APP AND/OR THE OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SAFERWATCH MAKES NO WARRANTY THAT (A) THE APP AND OTHER SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE APP AND OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR OTHER SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, OR APPROPRIATENESS OF ANY ORGANIZATION DATA MADE AVAILABLE TO USER VIA THE APP OR OTHER SERVICES, OR (E) THE APP OR THE SERVICES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
YOU ALSO ACKNOWLEDGE AND AGREE TO THE OTHER LIMITATIONS AND DISCLAIMERS SET FORTH IN OTHER PARTS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE OPENING PARAGRAPHS OF THIS AGREEMENT AND SECTION 1.4.
THE APP AND/OR RESULTS OF THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE APP OR OTHER SERVICES, INCLUDING COMMUNICATIONS SUBMITTED OR RECEIVED VIA THE APP OR OTHER SERVICES AS WELL AS ANY ORGANIZATION DATA ACCESSED BY USER VIA THE APP OR OTHER SERVICES ARE DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
IN NO EVENT SHALL SAFERWATCH BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SAFERWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, THE SERVICES, OR ANY ORGANIZATION DATA ACCESSED VIA THE APP OR OTHER SERVICES. SAFERWATCH AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER’S USE OR ACCESS TO THE APP OR ANY OF THE OTHER SERVICES SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER IN THOSE PARTICULAR JURISDICTIONS.
Upon a request by SaferWatch, User agrees to defend, indemnify, and hold SaferWatch and SaferWatch’s Affiliates harmless from all liabilities, amounts, damages, claims, alleged claims, costs and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) User’s use or misuse of the App and/or any of the other Services; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the App or any agreements entered into between SaferWatch and User; (iii) any breach of any provision of this Agreement; (iv) any violation of applicable law by User; (vi) any violation of any intellectual property rights by User, whether SaferWatch’s rights or those of an Organization or other third party; and (vii) any User Data that User imports, uploads or otherwise provides to the Service. SaferWatch reserves the right, at SaferWatch’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with SaferWatch in asserting any available defenses.
Although the App or other Services may be accessible worldwide, they are only for use in the United States of America. SaferWatch makes no representation that (i) use of the App or other Services are legal, appropriate or available for use in locations outside the United States, and (ii) use of the App or other Services is compliant with foreign law. Users who choose to access the App or other Services from other locations do so on User’s own initiative and at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the App or with any of the other Services is void where prohibited.
These terms and conditions constitute the entire agreement and understanding between SaferWatch and User concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by User and SaferWatch. To the extent that anything in or associated with the App or any of the other Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The following terms apply only to downloads of the App from Apple. These terms are in addition to all other terms contained in this Agreement:
16.1 Acknowledgment. You acknowledge and agree that: (i) this Agreement represent an agreement between, and is concluded between, you and SaferWatch only, and not Apple; and (ii) SaferWatch, not Apple, is solely responsible for the App and the content thereof. Your use of the App must comply with the App Store Terms of Service.
16.2 Scope of License. Without limiting any other terms and conditions of this Agreement, the license granted to you hereunder for the App is limited to a non-transferable license to use the App on any Apple-branded products that the you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
16.3 Maintenance and Support. SaferWatch and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
16.4 Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App paid via iTunes or the App Store, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and, as between SaferWatch and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SaferWatch.
16.5 Product Claims. You and SaferWatch acknowledge that as between SaferWatch and Apple, SaferWatch (and not Apple) is responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, in each case to the extent required by this Agreement.
16.6 Intellectual Property Rights. You and SaferWatch acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between SaferWatch and Apple, SaferWatch, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
16.7 Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
16.8 Third Party Terms of Agreement. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App.
16.9 Third Party Beneficiary. You and SaferWatch acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof.
17.1 Forum and Venue. If you are a Mirror user located in the United States or Canada, the “Special Arbitration Provision for the United States or Canada Users” section below applies to you. Read that section carefully and completely. If you are not subject to that provision, you agree that you will resolve any claim, complaint, cause of action, controversy or dispute you have with us relating to, arising out of, or in any way in connection with this Agreement, us, or our Services (each, a “Dispute” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in Santa Clara County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
17.2 Governing Law. The law of the State of Florida govern this Agreement, as well as any Disputes, whether in court or arbitration, which might arise between SaferWatch and you, without regard to conflict of law provisions.
18.1 PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE EXCLUDED DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
18.2 Agreement to Arbitrate. SaferWatch and you agree to arbitrate all Disputes (except Excluded Disputes) between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) Disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) Disputes that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); (iii) Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) Disputes that may arise after the termination of this Agreement. References to “SaferWatch” in this Section include our Affiliates. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies or from either party bringing an action in court related to Excluded Disputes. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and SaferWatch are each waiving the right to a trial by jury or to participate in a class action. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Disputes shall be resolved by arbitration. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. An “Excluded Dispute” means any dispute or claim relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
18.2 A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to SaferWatch should be addressed to: 16192 Coastal Highway, Lewes, DE 19958 (“Notice Address”) with a copy by email to legal@ saferwatchapp.com . We may provide notice to your email address that you use during registration; provided that you may inform SaferWatch of an address for Notice within 15 days of the date this Agreement is first effective on you by providing such address in writing by certified mail to the SaferWatch address in the foregoing sentence and a copy to that email address above. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If SaferWatch and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or SaferWatch may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by SaferWatch or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SaferWatch is entitled.
18.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless SaferWatch and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your principal residence. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above will be governed by the AAA Rules.
18.4 No Class Actions, Class Arbitrations, or Representative Actions. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND SAFERWATCH AGREE THAT EACH MAY BRING Disputes AND CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SaferWatch agree otherwise, the arbitrator may not consolidate more than one person’s Disputes, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
18.5 Opt-Out Procedure. You can decline this agreement to arbitrate by emailing us at info@saferwatchapp.com and providing the requested information as follows: (1)Your Name; (2) the date your first installed the App or used the Services; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Agreement. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Agreement by installing the App and/or using the Services.
18.6 Changes. Notwithstanding any provision in this Agreement to the contrary, we agree that if SaferWatch makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above or to the email address set forth above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
18.7 Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provision in the “Dispute Resolution” section set forth above.
18.8 Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.
19.1 Assignment; Reproduction of Sites. User may not assign User’s rights and obligations under this Agreement to any third party, and any purported attempt to do so shall be null and void. SaferWatch may freely assign SaferWatch’s rights and obligations under this Agreement and transfer, assign or novate this Agreement.
19.2 Force Majeure. In addition to any excuse provided by applicable law or under this Agreement, SaferWatch shall be excused from liability for non-delivery or delay in delivery of products and services available through the App or other Services arising from any event beyond SaferWatch’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond SaferWatch’s reasonable control, whether or not similar to those which are enumerated above.
19.3 Enforceability; Severability. 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.
19.4 No Waiver. Any failure by SaferWatch to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision or a waiver of SaferWatch’s right to enforce or exercise any such provision of this Agreement in the future.
19.5 Intended Beneficiaries. This Agreement is strictly between SaferWatch and User. There are no intended third party beneficiaries of this Agreement.
19.6 Government Sales. If User is a branch or agency of the United States Government or a contractor thereto, the following provision applies. As defined in FAR section 2.101, the Services and related documentation are “commercial items” and according to DFAR section 252.227‑7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
19.7 Use of Words. The term “including” as used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires.
BY USING THE APP AND/OR ANY OF OUR OTHER SERVICES AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS VIA THE SERVICES, USER AGREES TO BE BOUND BY THIS AGREEMENT. IF USER DOES NOT WISH TO BE BOUND BY THE THIS AGREEMENT, PLEASE EXIT THE APP NOW AND CEASE ALL FURTHER USE THEREOF AND OF ALL OTHER SERVICES.
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