Terms of Use

TERMS OF USE

Last modified: September 4, 2026

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Watch Systems, L.L.C [and its affiliates] (“[Company],” “we,” “us,” or “our”) is pleased to provide you (also referred to herein as “I”) access to and use of offenderwatch.com, including any information, content, applications, interfaces, tools, functionality, or services offered on or through offenderwatch.com (collectively, the “[Website]”), subject to your agreement to comply with these terms and conditions of access and use (the “Agreement”). 

“Privacy Notice” means the privacy notice available at offenderwatch.com/privacy-policy that governs Company’s collection, use, and disclosure of personal information. The Privacy Notice is incorporated into and forms part of this Agreement. In the event of any conflict between this Agreement and the Privacy Notice with respect to data privacy matters, the Privacy Notice shall control. By using the Website, you acknowledge that you have read and understand the Privacy Notice.  

If you are a California resident, you may have additional rights regarding the collection and use of your personal information under the California Consumer Privacy Act (“CCPA”). Please review our Privacy Notice for more information about these rights, including the right to know, the right to delete, and the right to opt out of the sale or sharing of personal information.

THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE WEBSITE. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN COMPANY AND YOU GOVERNING YOUR USE OF THE WEBSITE.

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This Agreement does not govern the use of [your account] which is governed by the [End User License Agreement], which governs use of account-specific features, applications, and services. To the extent of any conflict between this Agreement and the [End User License Agreement], the [End User License Agreement] shall govern with respect to account-specific features and services, and this Agreement shall control with respect to general access to and use of the Website.  The EULA is available at [URL]. 

BY ACCESSING OR USING THE WEBSITE, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:

1. I Understand that Company May Change this Agreement.

Company reserves the right, in our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time [and without further notice to you].  Regardless of whether we notify you, it is your responsibility to regularly check for changes to this Agreement and to review such changes on the Website. All changes to this Agreement will take effect prospectively on the date stated in the notice or, if no date is stated, thirty (30) days after we post them, and will apply to access to and use of the Website thereafter. Your continued access or use of the Website after any such changes constitutes your acceptance of the revised Agreement.

If you do not agree to the revised terms, your sole remedy is to discontinue use of the Website. Changes to this Agreement will not apply retroactively.

You may not amend this Agreement unless the amendment is in writing and signed by both you and Company.

Any changes to the dispute resolution provisions will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.

2. I Understand that this Agreement is Effective Until Terminated.

This Agreement is effective until terminated.  We reserve the right, in our sole discretion to refuse, delete, suspend, or terminate your access to or use of the Website and Company Content at any time, with or without notice, including because of your violation of this Agreement.  Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any of the terms or conditions of this Agreement.  It is a violation of this Agreement to use the services of another company for the purpose of facilitating any activities that violate this Agreement and any actual, indirect, or attempted violations of this Agreement by a third party acting on your behalf, shall be deemed violations by you of this Agreement.  

Provisions of this Agreement that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.

Upon the termination of this Agreement, you shall cease all use of the Website.  In the event that your rights to use the Website are terminated, you may immediately lose access to any information that may be on our systems.

3. I Understand that Company May Change the Website.

Company reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue, without compensation to you, including, but not limited to, by (i) restricting the availability of all or any part of the Website, (ii) restricting the amount of permitted use of all or any part of the Website, and (iii) restricting or terminating any user’s right of all or any part of the Website; (b) offer opportunities to some or all users of all or any part of the Website; [or (c) modify or waive any Subscription Fees charged in connection with all or any part of the Website].  Any new features or updated content, feature, or functionality that we make available as a part of the Website will be subject to this Agreement.  Company Content is not necessarily complete or up-to-date and we are under no obligation to maintain or update Company Content. You agree that Company will not be liable to you or to any third party for any modification, suspension, termination, withdrawal, or discontinuance of all or any part of the Website, in whole or in part, or of any service, content, or feature offered through the Website.  You agree that Company will not be liable to you or to any third party if for any reason all or any part of the Website is unavailable at any time or for any period. 

4. I Understand that the Company Content Belongs to Company.

The Website and (i) (a) its design, features, and functionality, (b) any content, information, text, displays, graphics, button icons, images, videos, audio, contained in or generated by the Website and the design, selection, and arrangement thereof, (c) any accompanying reports or data, and (d) any software, code, files, embedded software, in each case, including third party software; (ii) documentation ((i) and (ii) collectively, the “Company Content”); and (iii) any related intellectual property, including patents, copyrights, the Company Marks (as defined below), trade secrets, know how, and other similar rights or protectable attributes (collectively, “Company Intellectual Property”), and any improvements to the foregoing, are owned by Company or its licensors and are protected by United States [and international] laws, including those governing copyrights, trademarks, patents, trade-secrets, and other intellectual property or proprietary rights.  

Company, the Company logo, [specific trademarks or terms], and all related names, brands, designs, logos, slogans, trademarks, and service marks (collectively, “Company Marks”) are trademarks of Company or its affiliates or licensors.  Not all marks of Company will appear on the Website.  Marks of third parties may appear on the Website when referring to those entities or their products or services.  Third party marks displayed on the Website are owned by their respective owners. Company Marks may not be used without the prior written permission of Company. 

The Website and Company Content also are protected by copyright.  Neither the Website nor any Company Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, modified, used to create derivative works, or distributed except as expressly permitted by this Agreement.  

Except for the limited licenses granted to you by this Agreement, all title and rights to the Website, the Company Content, the Company Intellectual Property, and any improvements to the same remain with Company.  This Agreement does not transfer any title or rights to the Website, Company Content, or Company Intellectual Property to you.  Company reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights.  

To the extent you provide Company with any comments, suggestions, ideas, or feedback regarding the Website or Company Content ("Feedback"), you hereby assign to Company all right, title, and interest in and to such Feedback, including all intellectual property rights therein. To the extent such assignment is not effective under applicable law, you hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and commercialize such Feedback in any manner and for any purpose. You waive any moral rights or similar rights you may have in such Feedback to the fullest extent permitted by law.

I UNDERSTAND THAT I HAVE NO RIGHTS TO THE WEBSITE, COMPANY CONTENT, COMPANY MARKS, OR ANY OTHER COMPANY PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT.

COMPANY TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY.  COMPANY WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE WEBSITE, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF COMPANY OR OTHERS.

5. I Understand that I have Only a Limited Right to Use the Website.

Solely to enable your use of the Website and your compliance with all terms and conditions set forth in this Agreement, Company hereby grants you a non-exclusive, non-sublicensable, non-transferrable, limited license, during the term of your subscription, to (i) access and use the Website (as changed, modified, or upgraded by Company from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and (ii) to view and display Company Content (other than Company software source code) in connection with your use of the Website.  Except as provided in this Agreement, when you use or access the Website, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Company.  In addition, this Agreement does not entitle you to receive, and does not obligate Company to provide, technical support services, [medical services,] telephone assistance, or enhancements or updates to the Website.

In accordance with this license, I understand, acknowledge, and agree that I am allowed to:

• access and use the Website on computer devices and mobile devices, but only as necessary for legitimate access to and use of the Website;
• temporarily store copies of the Website and Company Content in RAM incidental to my accessing and viewing those materials;
• store files that are automatically cached by my web browser for display enhancement purposes; and
• take actions enabled by third party features, such as social media features, if the Website enables those features.

I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:

• download the Website or any Company Content;
• upload the Website or Company Content to the internet or otherwise make the Website or Company Content available on the internet for other persons or entities to copy, download, or use;
• make the Website or Company Content available over a network where it could be used on multiple devices or by multiple users at the same time;
• use any Company Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the Website;
• resell, transfer, modify, copy, duplicate, create, or re-create the Website, programs, offerings, services, or other aspects of the Website, or the Company Content;
• amend, alter, change, or modify the Website or the Company Content, or any copies thereof;
• remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the Website or the Company Content, or copies thereof;
• impersonate or attempt to impersonate the Company, or its employees, or another user, or modify any software or other website to imply falsely that such other software or website is associated with Company or the Website;
• disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Website;
• hack, attempt to gain unauthorized access to, interfere with, damage, disable, impair, or disrupt any parts of the Website, or any server, computer, database, or other system associated with or connected to the Website, whether directly or through the use of viruses, Trojan horses, worms, or other material that is malicious or technologically harmful; 
• use any device, software, or routine that overburdens the Website or interferes with the proper working of the Website, including through the use of any denial-of-service attack or distributed denial-of-service attack;
• access the Website through automated means (i.e., through bots, robots, spiders, scrapers, etc.) for any purpose; 
• use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, and any laws regarding privacy, online conduct, or acceptable online content); or 
• engage in any other conduct that restricts, inhibits, or interferes with any other party’s use or enjoyment of the Website, or, as determined by us, may harm Company or users of the Website, or expose them to liability; 

6. I Understand that Creation and Use of an Account on the Website is Subject to Access Rules and Restrictions.

Access to or use of the Website or certain Website Content may require registration or creation of an account by providing Company with certain information, including personal information.  You understand, acknowledge, and agree that any information you provide or Company collects through your use of the Website or registration of an account is subject to the Privacy Notice and compliance with the [End User License Agreement].

Company reserves the right to refuse registration, cancel a username, password, or other access credentials, or cancel an account, in its sole discretion.  

WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE WEBSITE.  YOU WAIVE AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

7. I Understand that the Website May Contain Elements that are Governed by Additional Terms.

The Website may contain various third party software components to enhance the functionality of the Website.  Such third party software components may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously.  It is your responsibility to read and understand such terms and conditions, including the privacy implications therein.  By your use of the Website, you represent to Company that you have read and agree to abide by those third party terms and conditions.

The Website may contain or interface with links to sites, applications, or content hosted or provided by third parties (“Third Party Content”), which links may appear to embed the Third Party Content into the interface of the Website.  Your use of such Third Party Content is subject to the terms of use, if any, governing the use of such Third Party Content.  Company is not able to control such Third Party Content and assumes no responsibility for their subject matter, accuracy, privacy policies, or practices.  If there is any conflict between this Agreement and any terms or notices set forth with respect to any Third Party Content, then the terms of such Third Party Content will control your use of such Third Party Content.  Please review the terms of use for all Third Party Content so that you understand all of the terms that will apply. By using the Website, you expressly relieve Company from any and all liability arising from your use of any Third Party Content.

8. I Understand the Website is Offered Subject to Certain Disclaimers, Indemnities, and Limitations on Liability

1. Liability and Warranty Disclaimer:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE WEBSITE AND UNDERSTAND AND ACKNOWLEDGE THAT ANY PERSONAL INJURY, LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE WEBSITE ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF COMPANY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.  YOU UNDERSTAND AND AGREE THAT THE WEBSITE WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT COMPANY MAY NOT CORRECT ALL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS AFFILIATES MAKES ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER COMPANY NOR ITS AFFILIATES WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE WEBSITE, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE WEBSITE OR IN ANY OTHER PRODUCT OFFERED BY COMPANY OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), AND EVEN IF COMPANY OR ITS AFFILIATES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES WILL NOT BE EXCLUDED, BUT WILL BE LIMITED TO THE AGGREGATE LIABILITY CAP SET FORTH BELOW. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND COMPANY WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF COMPANY, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF COMPANY, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ALL OR A PORTION OF THIS LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THREE HUNDRED SIXTY DOLLARS ($360.00).  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The foregoing states the entire obligation of Company and your exclusive remedy arising out of your use of the Website and the Company Content.

2. Indemnification:

YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR CONDUCT WHILE USING THE WEBSITE. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT COMPANY MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, SUIT, OR DEMAND ARISING FROM YOUR ACCESS TO THE WEBSITE, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. COMPANY SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO COMPANY.

9. I Understand, Acknowledge and Agree to Arbitrate any Disputes with Company.

All matters relating to the Website and Company Content and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and Company arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Website, or the Company Content or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “Dispute”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section 9 (the “Dispute Resolution Agreement”).  Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement.

1. WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 9 OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW).  YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.
2. Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or Company to the other party, to the Mediator (as defined below) or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 9 except to a party’s legal or financial advisors (subject to an obligation of confidentiality), as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement, or as required by applicable law or court order.
3. Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result.  If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of Louisiana shall apply without regard to choice of law principles.  In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Louisiana.
4. Court Proceedings; Forum Selection; Confidentiality. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 9(E) of this Agreement.  You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 9 of this Agreement (if any) solely and exclusively in the state or federal courts located in [New Orleans, Louisiana].  We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section 9 limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties.
5. Dispute Resolution Procedures.
   
   1. Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to Company explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought.  We may, in our sole discretion, commence the resolution of a Dispute by providing a Dispute Notice to you.
   2. Informal Resolution.  If you provide a Dispute Notice, you will give us 30 days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration.  If we do not resolve the Dispute in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration.  Company may, but is not required to, provide you with 30 days to resolve a Dispute that Company has against you.  Company may commence arbitration of a Dispute at any time.
   3. Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”).  Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules.  Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute.  The seat of any arbitration shall be Mandeville, Louisiana.  The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator.  The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise.  The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement.  The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons.  Discovery shall be limited to the exchange of documents among the Parties to the arbitration.  Depositions are not allowed.  No discovery requests may be made to any person that is not a party to the arbitration.  The responsibility for paying the costs of the arbitration (as defined in Rule 17.2 of the CPR Rules) shall be apportioned among the Disputing Parties in a manner determined by the Arbitrator to be reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceeding, and the result of the arbitration.
   4. Arbitration Award. Any Award of an Arbitrator shall be final and binding on the Disputing Parties, and the Disputing Parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA.  Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction.  All Disputing Parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court.  Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.
6. Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause Company irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Company will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Company’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law).  In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.  For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.
7. Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Website, or Company Content, must be submitted to Company in a proper Dispute Notice pursuant to this Section 9 of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred, except where such limitation is prohibited by applicable law.
8. Miscellaneous. If any portion of this Section 9 is found to be unenforceable, the remaining portions shall remain in full force and effect; provided, however, that if the class action waiver in Section 9(A) is found to be unenforceable as to a particular claim, then this entire Section 9 shall be null and void with respect to that claim only, and such claim shall proceed in a court of competent jurisdiction in accordance with Section 9(D).

10. I understand, acknowledge and agree to these additional terms and conditions.

1. Global Availability:

The Website and Company Content are primarily intended for use by United States residents. If you live outside of the United States and access the Website, you are responsible for compliance with local laws.

2. Use by Children under the Age of 18:

You must be at least 18 years of age to use this Website. 

Please visit the Privacy Notice to understand the personal information collected.

3. Mobile Device Data Services:

The Website requires use of the internet to operate correctly, thus the quality and availability of the Website may be affected by factors beyond Company’s control.  Company does not accept responsibility for unavailability of the Website.  The terms of your agreement with your respective mobile network provider apply when using the Website.  You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Website.  All such charges are your responsibility.  Further, you agree that your use of the Website is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.

4.   Third Party Websites:

We assume no responsibility for any third party websites that link to our Website. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.

Accessibility. Company is committed to ensuring that the Website is accessible to all users, including those with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any accessibility barriers while using the Website, please contact us at the address provided in Section 10(G), and we will make reasonable efforts to provide the information or service in an alternative format.

5. Digital Millennium Copyright Act Policy.

If you believe that any content on the Website infringes your copyright, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by contacting us at the address below with the following information: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the infringing material and its location on the Website; (4) your contact information; (5) a statement that you have a good faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

6. Miscellaneous:

This Agreement is the complete and entire agreement between you and Company pertaining to the subject matter of this Agreement.  It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and Company relating to this Agreement, the Website, and your use of the Website and the Company Content.  The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Company’s right to take subsequent action.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is found unlawful, void, or unenforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible.  The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.

7. How to Contact Us:

To ask questions, to raise a concern about the Website or the Company Content, or to give a notice required under this Agreement, you may contact us at:

Watch Systems, LLC
4 Sanctuary Blvd.
Mandeville, LA 70471