Terms & Conditions
Effective: October 28th, 2020
Watch Our Own offers Services designed to enable you and the members of the group you create or accept membership in (“Group(s)”), to assist in the support of someone you care about. All the information in Group is managed by you or the administrator of your Group, and such individual decides who and when to share information with and when to remove that access. A Group may also share information during a live event and via remote access to first responder dispatch. You hereby consent to the sharing of any such information and to the sharing of information with emergency service providers and applicable Groups. You represent, warrant and covenant that you have the right and have obtained applicable consents to share any such information.
For example, a member of the Group may need to lookup medical information to provide to a first responder or medical service. The individual in charge of a Group may also initiate an “Emergency Code” to allow first responder dispatch to access it via the https://www.watchourown.com/first- responder site.
In connection with the Services, you have the option to communicate with us in various ways. You can retrieve our contact information through the appropriate link on our website, and you can open an account and share information through your account. By entering your name, email address, and providing any other information, you agree that we may contact you electronically or in any other manner about updates, promotions, events, and other marketing information. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
If you access a password-protected account through this Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or
password. You will immediately notify us in the event you discover or suspect any unauthorized use, access and/or disclosure of your account or password.
In connection with the Services, we do not provide personal, medical or professional advice. Please note that the Services are not intended as, and should not be used in lieu of, your local emergency services (e.g., 911 or E-911).
You will pay to us any fees you agree to in connection with your account with us. You hereby authorize us, our successors and assigns or our agents to charge your credit card to pay for any fees incurred in connection with the Services. Credit card transactions will be reflected in your email statement as “Watch Our Own”. All monthly and yearly memberships will automatically renew immediately upon expiration. You must cancel your monthly or yearly membership at least one day before it expires in order to keep it from automatically renewing, and you may cancel your subscription by emailing us at firstname.lastname@example.org. We reserve the right to change the cost account or subscription at any time. You accept that it is your responsibility to check the current price either before your account and or subscription renews. You agree to be personally liable for any purchase(s) of credit(s) or expenditure(s) of credit(s) made using your user name and password information.
The Services are intended for use by individuals who are 13 years of age or older. If you are under 13 years of age, you may not use this Services. If you learn that a child under 13 has used the Services, please contact us. If we become aware that a child under 13 has used the Services, we will close the applicable account.
You agree that you will not attempt to interrupt the operation of our Services in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree to comply with all applicable laws and regulations in your use of the Services. Possible evidence of use of this Services for illegal purposes may be provided to law enforcement authorities.
You shall not disclose to any third party any of our Confidential Information, and you shall not be permitted to use our Confidential Information for any purpose other than for testing our Service in accordance with our written instructions. “Confidential Information” shall mean any non-public information or materials provided by us in connection with the Service. You shall use the same standard of care to safeguard our Confidential Information as you use to protect your own same or similar confidential information (but in no event less than a reasonable degree of care).
The foregoing restrictions around Confidential Information do not apply to any information that:
(i) is publicly disclosed (except to the extent due to your acts or omissions), (ii) is already lawfully in your possession prior to disclosure and not subject to a confidentiality obligation to us, (iii) becomes known to you from a third party having no obligation of confidentiality, or (iv) is independently developed by you without reference to our Confidential Information. You shall be permitted to disclose Confidential Information to the extent legally required; provided, however you shall provide us with prior notice to the extent legally permissible.
We and our successors or assigns (or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service (including, but not limited to, all related software and source code) and any enhancements, modifications and/or derivative works thereto. You hereby grant us all right, title and interest in and to any suggestions, concepts, code, inventions, processes, content, works of authorship, ideas, enhancement requests, derivative works, feedback, recommendations or information provided by you or any other party relating to the Service. Our name, logo, and the product names associated with the Service are trademarks of us or our affiliated companies, and no right or license is granted to use them. We reserve all rights not expressly granted in and to the Service. Other than expressly permitted herein, you agree to not engage in the use, copying, or distribution of any of the Service.
If you are a copyright owner or an agent of a copyright owner and believe content on our Service infringes your copyrights, please contact us at email@example.com pursuant to the Digital Millennium Copyright Act, including by providing all relevant information.
Our Services may provide links to other third-party websites. Our decision to link to a third-party website is not an endorsement of the content, products or services in the third-party website. We do not control these third-party websites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the third-party websites. We have not investigated or monitored the third-party websites for accuracy or completeness. The third-party websites may have different privacy policies and security standards than our Services.
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting us in our defense of such matter.
To the limited extent necessary to perform the Services, you hereby grants to us and our subcontractors, on a royalty-free basis, the right to copy, distribute, perform, display, create derivative works and otherwise use any data and documents provided by you and your Group in connection with the Services. You hereby represents, warrants and covenants to have been effectively granted all necessary rights by its care givers, care recipients and all affected third parties which are necessary for the foregoing license grant.
Disclaimer of Warranties
USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH THE SERVICES, IF ANY, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT NOT ALL EMERGENCY SERVICE PROVIDERS HAVE ACCESS TO THE SERVICES OR MAY CHOOSE NOT TO USE IT AND THAT THE SERVICES MAY NOT BE UTILIZED BY EMERGENCY SERVICE PROVIDERS THAT DO HAVE ACCESS.
THE SERVICE DOES NOT REPLACE DIALING 9-1-1 IN THE EVENT YOU REQUIRE ASSISTANCE. THE SERVICE AND YOUR GROUP MUST NOT BE RELIED UPON TO PROVIDE EMERGENCY RESPONSE SERVICES. SUCH EMERGENCY RESPONSE SERVICES CAN ONLY BE ACCESSED BY PLACING A CALL TO 9-1-1 OR OTHER APPROPRIATE LOCAL EMERGENCY NUMBER. THE SERVICES CANNOT AND DO NOT REPLACE, AND ARE NOT INTENDED TO REPLACE, YOUR VERBAL PROVISION OF YOUR TELEPHONE NUMBER AND OTHER SUBSCRIBER ACCOUNT INFORMATION TO EMERGENCY SERVICE PROVIDERS WHEN MAKING A 9-1-1 CALL OR USING ANY OTHER COMMUNICATION METHOD.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE SERVICES. WE DO NOT GUARANTEE DELIVERY OF MESSAGES OR SUBSCRIBER ACCOUNT DATA. WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY TELEPHONE OR COMMUNICATION SERVICE PROVIDERS.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
In no event will we be liable for any special, punitive, indirect, incidental, or consequential damages, direct damages, or personal injury, bodily injury, wrongful death, invasion of privacy, property damage, loss of goodwill, loss of use, emotional distress, loss of profits, loss of revenue, interruption of service, business losses, or loss of data, whether in any action in warranty, contract, tort, or any other theory of liability (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, reliance on, or the inability to use, the Services. We will not be subject to liability for the truth, accuracy, reliability, timeliness, or completeness of the content or any other information conveyed to you or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use of the Services is at your own risk.
To the extent any of the above limitations of liability are restricted by applicable federal, state, or local law, such limitations will not apply to the extent of such restrictions.
Any notices to Watch Our Own shall be in writing, and shall be deemed delivered upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by United States Postal Service, postage pre-paid; or (c) the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided. Any such notices shall be addressed to the Watch Our Own as follows:
Watch Our Own LLC
1712 Pioneer Avenue, Suite 135
Cheyenne, WY 82001 Attention: Legal Department.