Platform Terms of Service

SAFERWATCH LLC

 

PLATFORM TERMS OF SERVICE

Effective Date: May 1, 2018

Last Updated: June 15, 2018

THE SAFERWATCH PLATFORM 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 saferwatch platform 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 saferwatch platform  and related services are MERELY A SOFTWARE TOOL AND saferwatch MAKES NO GUARANTEES THAT USE OF THE saferwatch platform  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.

AS SET FORTH IN SECTION 1.3 BELOW, YOUR USE OF THE SAFERWATCH PLATFORM MAY BE SUBJECT TO AN AGREEMENT BETWEEN SAFERWATCH AND YOUR EMPLOYER.

IMPORTANT: NOT A REPLACEMENT FOR 911.  The SAFERWATCH PLATFORM 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 other 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.

 

1. User’s Acknowledgment and Acceptance of Terms.

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 secure web portal known as the “Command Center” and related data, APIs, technology and/or software and platform specific related services which together facilitate two-way communications between Public Users, Users and Organizations (each as defined below) during emergency and non-emergency situations, including the reporting of situations, tips or other information happening in and around geo-locations and certain addresses or otherwise making available certain Services functionality to certain Users.. SaferWatch provides the SaferWatch Platform and other Services (defined below) subject to each User’s compliance with all the terms, conditions, policies and notices contained or referenced herein (these “Terms of Service” or this “Agreement”), as well as any other written or electronic agreement between SaferWatch and such Organization or User.  In addition, when using the SaferWatch Platform 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 these Terms of Service. All such guidelines, rules or documentation are hereby incorporated by reference into these Terms of Service.  BY ACCESSING OR UTILIZING THE SAFERWATCH PLATFORM OR OTHERWISE UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US (INCLUDING BY CLICKING “I AGREE” TO THESE TERMS IF PRESENTED TO YOU), YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE INCLUDING OUR Privacy Policy, WHICH IS INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT AND CEASE ALL USE OF THE SAFERWATCH PLATFORM AND ALL RELATED SERVICES NOW.

1.2          Effective Date; Right to Modify; Binding Effect of Continued Use.  These Terms of Service are effective as of the date that you first register to use the SaferWatch Platform.  SaferWatch reserves the right to change these Terms of Service from time to time without notice to Users and any modifications or changes to these Terms of Service shall be effective upon such modification or amendment being posted. User acknowledges and agrees that it is User’s responsibility to review the Platform and these Terms of Service periodically and to be aware of any modifications. User’s continued use of the SaferWatch Platform or other Services after such modifications will constitute User’s acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

1.3          SaaS Agreement and Organizational Use. You understand that you have been granted access to the Platform and Services as an authorized user of an Organization.  You may only use the Platform and Services on behalf of the Organization and consistent with the terms of the SaaS agreement (or other similar contract) governing the use of Platform and Services entered into by SaferWatch and such Organization (a “SaaS Agreement”) and your use of the Platform is also governed by the terms of such SaaS Agreement.  In the event of any conflict between the SaaS Agreement and these Terms of Services, the SaaS Agreement shall prevail but only to the extent applicable to the Organization.  Notwithstanding the foregoing, you acknowledge and agree that we may enforce these Terms of Service against a User to the extent not inconsistent with the SaaS Agreement or in the event you breach any provision of these Terms of Service or the Agreement.

1.4          USE AT YOUR OWN RISK.  AS PREVIOUSLY NOTED, THE SAFERWATCH PLATFORM 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 AGENCIES) AND PUBLIC USERS.  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 Public User Data) TRANSMITTED THROUGH THE SERVICES OR RESPONDING TO COMMUNICATIONS OR INFORMATION (Including any ORGANIZATION data or Public User Data) TRANSMITTED THROUGH THE SERVICES.  EACH ORGANIZATION AND USER IS solely responsible and liable for ITS USE of THE SERVICES, AND FOR DETERMINING WHETHER TO SUBMIT INFORMATION OR COMMUNICATIONS (INCLUDING ANY ORGANIZATION DATA) TO THE SAFERWATCH PLATFORM OR OTHER SERVICES AND FOR DETERMINING THE ACCURACY,  COMPLETENESS AND CREDIBILITY OF INFORMATION OR COMMUNICATIONS (including PUBLIC USER DATA AND ORGANIZATION DATA) TRANSMITTED THROUGH THE SERVICES AND FOR DETERMINING APPROPRIATE RESPONSES TO SUCH INFORMATION OR COMMUNICATIONS.  saferwatch EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR AND WILL NOT VERIFY THE ACCURACY, COMPLETENESS or credibility OF COMMUNICATIONS AND INFORMATION (including ORGANIZATION data and Public User Data) TRANSMITTED THROUGH THE SERVICES.  LOCAL EMERGENCY SERVICE PROVIDERS AND LAW ENFORCEMENT AGENCIES ARE SOLELY AND FULLY RESPONSIBLE AND LIABLE FOR PROVIDING EMERGENCY SERVICES AND LAW ENFORCEMENT ACTIVITIES in your AREA, AND SAFERWATCH DISCLAIMS ALL RESPONSIBILITY THEREFOR.  THE SAFERWATCH PLATFORM and related services are MERELY A SOFTWARE TOOL AND saferwatch MAKES NO GUARANTEES THAT USE OF THE SAFERWATCH PLATFORM OR OTHER SERVICES WILL PREVENT, STOP OR MINIMIZE EMERGENCY SITUATIONS OR THAT USE OF the SAFERWATCH PLATFORM 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 Public 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 PUBLIC 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 PLATFORM OR APP SETTINGS, MOBILE DEVICE SETTingS OR OTHER TECHNOLOGICAL OR PUBLIC USER or organization IMPLEMENTATIONS, RESTRICTIONS, SETTINGS OR LIMITATIONS, (1) PUBLIC USERS MAY HAVE LIMITED OR NO FUNCTIONALITY WITH REGARD TO THE 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.

2. Definitions. The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.

“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 SaferWatch Platform 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 mobile device via 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 SaaS Agreement with SaferWatch for purposes of facilitating two-way communications between Public Users and that Organization during emergency and non-emergency situations and the reporting of situations, tips or other information 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, communications, notices, alerts, maps, written guidelines or operating procedures, or other material that an Organization (or a User) inputs or uploads to the SaferWatch Platform or other Services.

“Public User” means any individual public user who uses the App, which may include a specific group of individual users associated with an Organization as may further be set forth in the SaaS Agreement.  For clarity, Public Users are not Users (or similar terms as defined below) for purposes of this Agreement.

“Public User Data” means any data, information, files, reports, content, media, tips, communications, tips or other material that a Public User inputs or uploads to the App or other public facing portions of the Services.

“SaferWatch Platform” or “Platform” means SaferWatch’s proprietary software-as-a-service web based product, including a secure web portal known as the “Command Center” and any related data, APIs, technology and/or software and platform specific related services that SaferWatch may from time to time provide.

“Services” means (i) the SaferWatch Platform, (ii) the App (but only such administrative or Organization based features made available to Users), (ii) any specific service or offering that may be provided to an Organization or User by SaferWatch via the SaferWatch Platform or the App, 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,  (iii) any support services and related technologies that may be provided by SaferWatch in its sole discretion for maintaining and monitoring use of the foregoing, and (iv) any other services or offerings that SaferWatch may provide from time to time to Organizations or Users.

“User” “you” or “your” (and similar terms) means any individual who is an employee, representative or agent of an Organization using the Platform or the App to access the internal and back-end administrative features and functionality within the Services.

3. Services.

3.1          Access and Use.  Subject to the terms and conditions of these Terms of Service, SaferWatch grants you a limited, non-exclusive, non-transferable right and license to access and use the SaferWatch Platform and Services solely for purposes of receiving the Services and only consistent with the other limitations set forth in these Terms of Service.

3.2          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 Organization Data or other information to the Services or to otherwise communicate with Public Users, other Users, and/or your Organization (e.g. Google APIs, Google Maps, Facebook, etc.).  You expressly acknowledge and agree and grant us all necessary rights and licenses to access your Organization Data and other information that may be hosted on third party sites, integrate into third party APIs to access and transmit your Organization Data and other information to the Services, store such Organization Data and information and process and use such Organization 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 Organization Data to the Services and permit the Services to process the Organization Data.

3.3          Limitations.  SaferWatch allows Organizations and Users to access the Services via the SaferWatch Platform.  SaferWatch reserves the sole right to either modify or discontinue the Services, including the SaferWatch Platform 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 Platform 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 Public User Data or Organization Data, communications or personalization settings. User understands that certain functionality and portions of the SaferWatch Platform or other Services may only be available to certain parties and that not all functionality and portions of the SaferWatch Platform or other Services may be available to all Users.  In particular, only Users may have access to internal and back-end administrative features and functionality of the Services (i.e., the non-public facing portions of the Services).  Any new features that augment or enhance the current Services shall be subject to these Terms of Service.

3.4          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 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.

3.5          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 Public User Data or Organization Data that a User saves, stores or accesses 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 Public 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 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 SaferWatch Platform 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, Public User Data, or any other communications or personalization settings.

3.6          Reservation of Rights.  You acknowledge and agree that the SaferWatch Platform and other Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the SaferWatch Platform or Services under these Terms of Service, 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 these Terms of Service. 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 these Terms of Service.

4. Electronic Contracting and User Notices.

User’s affirmative act of viewing or using any portion of the SaferWatch Platform or any of the other Services (including, without limitation, submitting any forms or communications via the Platform) constitutes User’s electronic signature to these Terms of Service 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 Platform.  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 “Terms of Service” link on the Platform.  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 Platform.

Email: Support @ SaferWatchApp.com

Phone: 844-44WATCH

Address:  16192 Coastal Highway, Lewes, DE 19958

Any notices or communication under these Terms of Service will be deemed delivered to SaferWatch on the delivery date.

5. User Requirements.

5.1          Accuracy; Security. User agrees to: (i) provide true, accurate, current and complete information about User and User’s Organization 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 Platform, the other Services, email responses or interfere with any other User’s 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 Platform 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 Platform 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  Platform 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. By, using the Platform, receiving any of the other Services or otherwise accepting these Terms of Service, User represents and warrants to SaferWatch that User is at least 18 years of age or older, and that User has the right, authority and capacity to agree to and abide by these Terms of Service. 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 Platform and/or certain other Services may transmit to SaferWatch (and SaferWatch may collect and use) certain data and information related to the Platform 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 Platform or other Services.

6. Data and Privacy.

6.1          Privacy Policy. The information SaferWatch obtains through User’s use of the Platform and the other Services, including User information, is subject to SaferWatch’s Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

6.2          Organization Data. You and your Organization are responsible for all Organization Data submitted to the Platform or any of the other Services and any activity that occurs under your account.  You and/or our Organization shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use your Organization 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 any Organization Data. However, SaferWatch and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any Organization 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 these Terms of Service.

6.3          License.  User acknowledges and agrees and hereby grants SaferWatch any and all rights and licenses to: (i) access, use, process, display and manipulate any Organization Data and any User or Organization 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; and (iii) allow your Organization and other Users to access and use the Organization Data and User information in connection with receiving SaferWatch’s service offerings, including for purposes of allowing such Organization and Users to communicate with other Users and Public Users in emergency and non-emergency situations, respond to tips and other reported information and to otherwise exercise rights granted to them by SaferWatch.

7. Termination.

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 these Terms of Service. 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 Platform  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 Platform 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 these Terms of Service shall survive any termination.

8. Third Party Sites and Information.

The SaferWatch Platform 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 Platform, 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. Intellectual Property Information.

9.1          SaferWatch Ownership.  By accepting these Terms of Service, User acknowledges and agree that the Platform and each of the other Services are protected by SaferWatch’s copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SaferWatch and/or its Affiliates. Any unauthorized use of the Platform 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, you agree to grant and hereby do grant a non-exclusive, perpetual, worldwide, irrevocable, 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. 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. User Submitted Information.

10.1       Organization Data.  SaferWatch agrees that the Organization Data is owned by User and/or User’s Organization and is protected by U.S. and international intellectual property laws, and that User and/or Organization shall solely own and retain all right, title and interest to, including all intellectual property rights in, the Organization Data.  User and/or User’s Organization is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all Organization Data, and SaferWatch assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any Organization Data.  SaferWatch shall not be required to maintain a backup or copy of any Organization Data and SaferWatch shall have no liability for any loss of Organization Data, whether caused by SaferWatch, User, User’s Organization, 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 Organization 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 Organization 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.

11. Disclaimer of Warranties.

THE PLATFORM, THE SERVICES, AND ALL SERVICES PROVIDED THROUGH, THE PLATFORM 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 PLATFORM AND OTHER SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE PLATFORM AND OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR OTHER SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, OR  APPROPRIATENESS OF ANY PUBLIC USER DATA OR OTHER INFORMATION MADE AVAILABLE TO USER VIA THE PLATFORM OR OTHER SERVICES, OR (E) THE PLATFORM OR THE SERVICES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE PLATFORM AND/OR RESULTS OF THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE PLATFORM OR OTHER SERVICES, INCLUDING COMMUNICATIONS SUBMITTED OR RECEIVED VIA THE PLATFORM OR OTHER SERVICES AS WELL AS ANY ORGANIZATION DATA OR PUBLIC USER DATA ACCESSED OR SUBMITTED BY USER VIA THE PLATFORM 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.

12. Limitation of Liability.

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 SAFERWATCH PLATFORM, THE SERVICES, OR ANY PUBLIC USER DATA OR ORGANIZATION DATA ACCESSED VIA THE PLATFORM 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 PLATFORM 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.

13. Indemnification.

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 Platform and/or any of the other Services; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the Platform or any agreements entered into between SaferWatch and User; (iii) any breach of any provision of these Terms of Service; (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 Organization 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.

14. International Use.

Although the Platform or other Services may be accessible worldwide, SaferWatch makes no representation that (i) use of the Platform or other Services are appropriate or available for use in locations outside the United States, and (ii) use of the Platform or other Services is compliant with foreign law. Users who choose to access the Platform or other Services from other locations do so on User’s own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform or with any of the other Services is void where prohibited.

15. Law; Venue.

User agrees that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between User and SaferWatch, except as otherwise stated in these Terms of Service.  All claims under these Terms of Service or related to User’s relationship with the Platform or the other Services shall be brought in the appropriate venue in Palm Beach County, Florida.

16. Entire Agreement.

These Terms of Services, the SaaS Agreement and our Privacy Policy 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. These Terms of Service 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.

17. General.

17.1       Assignment; Reproduction of Sites. User may not assign User’s rights and obligations under these Terms of Service 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 these Terms of Service and transfer, assign or novate these Terms of Service.

17.2       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 Platform 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.

17.3       Enforceability; Severability.  If any part of these Terms of Service are 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.

17.4       No Waiver.  Any failure by SaferWatch to enforce or exercise any provision of these Terms of Service 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 these Terms of Service in the future.

17.5       Intended Beneficiaries.  These Terms of Service are strictly between SaferWatch and User.  There are no intended third party beneficiaries of these Terms of Service.

17.6       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 these Terms of Service and will be prohibited except to the extent expressly permitted by the terms of these Terms of Service.

17.7       Use of Words.  The term “including” as used in these Terms of Service shall mean “including, without limitation,” unless the context otherwise requires.

BY USING THE PLATFORM 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 THESE TERMS OF SERVICE.  IF USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE PLATFORM NOW AND CEASE ALL FURTHER USE THEREOF AND OF ALL OTHER SERVICES.