Internet-Powered Home Monitoring
This Terms of Service ("TOS") constitutes an agreement between Homewatch Networks, Inc., a Florida corporation ("Homewatch Networks", "we" or "us"), and the end-user customer ("Customer", "you" or "user") for all of Homewatch Networks's information services ("Service" or "Services") relating to your assigned account ("Account"). This TOS covers and applies to all of Homewatch Networks's free and paid service plans. If you do not or are not willing to be bound in its entirety by these terms and conditions of service, do not click the box next to "I Agree to the Terms of
Service" box. Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this TOS: (i) your initialization of the Service through use of your Account, (ii) your registering for Service on our Web page as part of the registration process as part of a free-trial or pay-for-service, (iii) providing your credit card number and billing information, or (iv) clicking the box
next to "I Agree to the Terms of
Service." Copyright and Licenses: The entire contents of this TOS, the Services and the Homewatch Networks Website are copyrighted under the United States copyright laws. The owner of the copyright is Homewatch Networks, Inc. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this TOS. As used herein, "Homewatch Networks" means Homewatch Networks, Inc., a Florida corporation, and each of its subsidiaries and each of its and their officers, directors, employees, shareholders and affiliates.
REGISTRATION PROCEDURES. Upon signing up for the Service, you agree to provide true, accurate, current and complete name, contact information, Registered Location, and other data to Homewatch Networks and at subsequent times as requested by Homewatch Networks. If you provide information that is, or that Homewatch Networks suspects to be, false, inaccurate, not current or incomplete, Homewatch Networks has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable. Upon completion of all registration information and acceptance of this TOS, Homewatch Networks will provide you with a password. You are solely responsible for maintaining the confidentiality of your password, and, at all times, you will be solely responsible for all transactions and activities that occur as a result of your disclosure of such password, even if such transactions and/or activities were not authorized by you. You shall at all times be responsible and liable for any transactions or activities that occur on your Account. You shall immediately notify Homewatch Networks if any unauthorized use of your Account has occurred or of any other breach of security. In no event shall Homewatch Networks be liable for any unauthorized activities with your Account.
CUSTOMER REPRESENTATIONS. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this TOS. You represent and warrant that your name, user name, contact information and Registered Location are true and correct. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you). In order to use the Service, you agree, at your sole expense: to (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet as may be required to use the Service; (2) provide for access to the Internet and pay any Internet connection service fees associated with such access; and (3) pay us for the Service.
AUTHORIZED USES; PROHIBITED USES. You agree to use the Service only for lawful purposes and that you shall not, at any time, use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide Service to other customers, prevents or restricts other customers from using the Service, or damages any Homewatch Networks or other customer's property. Specifically, you agree to each of the following:
You agree not use the Service for illegal purposes. You will abide by all rules, regulations, procedures and policies of Homewatch Networks and any policies of all third-parties' networks connected to the Services and you shall not interfere with or disrupt such networks.
You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
You shall not interfere with another customer's or third-partyís use and enjoyment of the Service or use the Service in any manner which disrupts, prevents or restricts any other customer from using the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws and false advertising). You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.
HOMEWATCH NETWORKS'S PROPRIETARY RIGHTS. Homewatch Networks owns and shall at all times retain sole and exclusive right, title and interest to the Service, including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology used in connection with or provided as part of the Services. All rights not expressly granted under this TOS are retained by Homewatch Networks. Any new features provided by Homewatch Networks that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services and/or any of Homewatch Networks's technology or software for any purpose whatsoever. You also shall not allow any third party to access the Services for any purpose whatsoever.
DESCRIPTION OF THE SERVICE. The Service is an on-line information program that is resident on a Homewatch Networks server (the "Web Site") that allows Customers to access and administrate certain information concerning Customerís account ("Account").
BILLING AND PAYMENT. Any applicable initiation charges, usage and monthly recurring charges and fees are billed in full in advance. Upon termination of your Account for any reason, all unused credits shall expire in their entirety and no refund or pro-ration shall be made for any unused remaining periods/months on a pre-paid Service plan. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable prorated adjustments. For credit card payments, no additional notice or consent will be required for billings to that credit card or Account. You will advise us of any changes to your credit card Account, such as credit card account number or expiration date changes.
THIRD PARTY LINKS. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Homewatch Networks Electronics or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
INTERNATIONAL USE. Homewatch Networks makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which you reside. You hereby release and agree to hold harmless Homewatch Networks from and against any damages or liabilities of any kind related to your violation of any United States and international laws, rules and regulations in connection with your use of the Services.
TERMINATION. Homewatch Networks reserves the right to immediately disconnect or modify your Service if Homewatch Networks determines, in its sole discretion, that your use of the Service is or at any time did violate this TOS. To maintain or improve the Services, to prevent fraud, or for any other reason determined by Homewatch Networks, its sole discretion, Homewatch Networks may restrict, suspend, terminate or modify your Service with or without notice. Upon any termination in accordance with the foregoing, Homewatch Networks may immediately deactivate or delete your Account and all related information and files in your Account, and/or bar any further access to such files, information, or the Services. Homewatch Networks shall not be liable to you or any third party for any reason for terminating your use or access to Services. If you or Homewatch Networks's terminates your right to use the Service, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.
WARRANTY DISCLAIMER. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND HOMEWATCH NETWORKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. HOMEWATCH NETWORKS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU. HOMEWATCH NETWORKS MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, OR THE QUALITY OF SENSOR MEASUREMENTS. HOMEWATCH NETWORKS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. HOMEWATCH NETWORKS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. HOMEWATCH NETWORKS DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND HOMEWATCH NETWORKS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEWATCH NETWORKS, IT'S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT SENSOR MEASUREMENT RECORDS ARE SECURE, HOMEWATCH NETWORKS MAKES NO GUARANTEES OF SECURITY. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
Homewatch Networks is not a substitute for appropriate insurance. It is your responsibility to be sure that your property is appropriately insured for loss and/or damage.
Homewatch Networks does not guarantee that you will not have changes in temperature and humidity in your home, it only provides notice to you of changes in climate in your home.
LIMITATION OF LIABILITY. IN NO EVENT SHALL HOMEWATCH NETWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. HOMEWATCH NETWORKS'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES HOMEWATCH NETWORKS CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You shall indemnify and hold harmless Homewatch Networks, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or willful misconduct by you, your use of the Services and/or any breach of the terms and conditions of this TOS by you.
CHOICE OF LAW; JURISDICTION. These terms of service supersede any other agreement between you and Homewatch Networks to the extent necessary to resolve any inconsistency or ambiguity between them. These terms of service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Florida or the United States District Court for St. Lucie Country, Florida. A printed version of these terms of service will be admissible in judicial and administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
FUTURE CHANGES TO THIS AGREEMENT. We may change the terms and conditions of this TOS from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. Such changes will become binding on you on the day immediately following the date the notice is emailed to you if you continue to use the Services. If you do not agree to the modifications, your only recourse is to terminate the Services. The modified TOS shall supersede all previously agreed to electronic and written terms of service, as well as any prior versions of this TOS. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily-basis, and (iii) making sure that Homewatch Networks communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet service provider or for any other reason.