Terms of Use

The website is owned and operated by Watchful Software, Inc. If you access this website, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept the Terms of Use, do not use the website. This website contains proprietary information that is protected by applicable copyright, trademark and other intellectual property laws. The website may include links to other websites.

General

All products and services of Watchful Software, Inc. are subject to the terms and conditions of the applicable agreements governing their use. The Terms of Use are to be read by you together with any terms, conditions, disclaimers or licenses provided in the pages of the website or in the applicable software licenses. In the event of any conflict, then the terms which are most restrictive upon you shall apply.

Rights to Change

The information provided in the pages of the website may be changed at any time without notice. Changes may be made to the Terms of Use at any time without notice by updating this posting. You agree to review the Terms of Use regularly and your continued access or use of the website will mean that you agree to any changes. Watchful Software, Inc. will not be liable in any way to you for possible consequences of such changes.

Watchful Software, Inc. consents to you browsing their website pages on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by Watchful Software, Inc. Individual pages of the website may be subject to additional terms indicated in those documents.

Privacy Policy

Please review the Privacy Policy posted on this website (the “Privacy Policy”) to learn what personal information is collected through this website, how it is used and with whom it is shared. You may access this Privacy Statement at any time by clicking on the button marked “Privacy Policy” at the bottom of each page of this website. The Privacy Policy is part of these Terms of Use. When you agree to be bound by these Terms of Use, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy. If you do not consent to our use of your personal information as set forth in our Privacy Policy, you may not access or use this website.

Watchful Software, Inc. Software

The use of any Watchful Software, Inc. software downloaded from this website (the “Software”) is subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the Software. The term “Software” includes, without limitation, computer programs and code, files, images incorporated in or generated by computer programs or code, all data provided in connection with the foregoing, and all related documentation provided with the foregoing. You may not download any Software from this website until you have read, and agreed to the terms and conditions of the applicable lease. All of the rights, title and interests in the Watchful Software, Inc.

Software, but except for third parties software embodiments as defined below, are owned by Watchful Software, Inc. You do not acquire any rights, title or interest in the Watchful Software, Inc. Software or any third party software by downloading Software from the website other than the right to use such Software subject to the terms and conditions of the applicable software license. You download Software from this website at your sole risk and assume complete and exclusive responsibility for any and all losses, damages and liabilities that may result from the downloading or the use of Software downloaded from this website.

No Warranties

The Website is provided on an “as is” basis. Watchful Software, Inc. specifically disclaims any and all warranties of any kind, explicit or implied, including but not limited to, any information contained in or transmitted via the website, or regarding the accuracy of website’s content, or freedom from typographical errors or any warranty of merchantability, or suitability for a particular purpose, or non-infringement of suitability of a particular purpose, or non-infringement of the rights of third parties.

Further, Watchful Software, Inc. does not represent or warrant that the website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

E-Mail

Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Watchful Software, Inc. is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to Watchful Software, Inc. or an e-mail sent by Watchful Software, Inc. to you at your request. Watchful Software, Inc. does not want you to, and you should not, send any confidential or proprietary information to Watchful Software, Inc. through the website unless specifically requested by Watchful Software, Inc. Please note that any unsolicited information sent to Watchful Software, Inc. will be deemed not confidential and/or proprietary.

Third Parties Information and Software

No endorsement or approval of any third parties or their information, products or services is expressed or implied by any information.

Any third parties information and or links from or to our website are meant for convenience only. Watchful Software, Inc. does not review, endorse, approve or control, and is not responsible for any websites linked from or to the website, the content of those sites, the third parties named therein, or their products and services. Linking to any other website is at your sole risk and Watchful Software, Inc. will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Watchful Software, Inc. is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Any opinions, statements, services, offers or other information or content expressed or made available in the website regarding or by any third party are those of the respective author(s) or distributor(s) and not of Watchful Software, Inc.

Watchful Software, Inc.’s Software contains certain software components provided to Watchful Software, Inc. by third parties licensors (the “Licensor/s”) under certain license terms. You acknowledge that such third parties’ software is provided “as is” without any warranty of any kind and shall be subject to any and all limitations and conditions required by each respective Licensor, as set forth in the license agreements applicable to such Licensors’ software. The restrictions contained in these Terms of Use shall apply to all such Licensors’ software respectively.

Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS SET FORTH IN SEPARATE SOFTWARE LICENSE AGREEMENT, WATCHFUL SOFTWARE, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW WATCHFUL SOFTWARE, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ITS CONTENT AND ANY PRODUCTS OR SERVICES DESCRIBED ON OR MADE AVAILABLE THROUGH THIS SITE.

No Liability

THE USE OF THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN, IS OF THE SOLE RESPONSIBILITY OF THE USER. NEITHER WATCHFUL SOFTWARE, INC. NOR ANY OF ITS AFFILIATES, NOR ANY OTHER PERSON, ACCEPT ANY LIABILITY WHATSOEVER FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS WEBSITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE, OR RELIANCE UPON ALL OR ANY PORTION OF THE INFORMATION CONTAINED ON THE WEBSITE, INCLUDING THE ANY OMISSION OF INFORMATION THERETO. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS LOSS OR DAMAGE TO OF DATE OR GOODWILL, AND LOSS OF REVENUE OR PROFITS.

Governing Law

The website is administered by Watchful Software, Inc. from its offices in the United States of America. The website will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the website shall be submitted to and be subject to the jurisdiction of the courts of Burlington County, New Jersey, USA. You submit to the exclusive jurisdiction of the courts of Burlington County, New Jersey, USA, to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the website.

Severability

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

These Terms of Use shall be subject to any other agreements you have entered into with Watchful Software, Inc.

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