Terms of Use 

Last Updated: September 9, 2024

Welcome to WatchMeGrow! WatchMeGrow Technology Solutions LLC, DBA WatchMeGrow (“WatchMeGrow,” “we,” “us”, or “our”) offers cameras and streaming software to create a system that facilitates childcare centers, enrichment centers, and pet care centers, (“Centers”) to increase transparency and keep parents, legal guardians, and other authorized users of our services (collectively, “Parent Users”) connected.

PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND WATCHMEGROW.  These Terms govern your use, and WatchMeGrow’s provision to you of any WatchMeGrow product or service that contains a link to these Terms, including any website operated by or on behalf of WatchMeGrow with a link to these Terms (collectively, the “website”), any web-based hosted service or platform provided by WatchMeGrow with a link to these Terms, (collectively, the “Platform”), any mobile application offered by WatchMeGrow with a link to these Terms (collectively, the “App”), and any content, information, services, features, or resources available or enabled on the website, the Platform or the App (collectively, the “Services”). 

SUPPLEMENTAL TERMS

Your use of the Services may be subject to any additional terms, conditions, and policies that we separately post on the Services and any agreements that you have separately executed with WatchMeGrow (“Supplemental Terms”) which are incorporated by reference into these Terms, (together, the Agreement”). To the extent there is any conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.  

In the event you are an employee or agent of a Center (an “Administrative User”), your use of the Services is subject to the terms and conditions of the customer agreement between WatchMeGrow and the Center with which you are affiliated (the agreement, the “Services Agreement” and the Center with which you are affiliated, the “Customer”). Under the Services Agreement, we have committed to deliver the contracted-for services to the Customer, including by providing its Administrative Users with access to certain of those Services.  The Services are intended to be accessed by Administrative Users for non-time-critical information and control of WatchMeGrow products and services. If you are an Administrative User, you acknowledge and agree that our provision of the Services to you and your access and use of the Services is subject to the terms of our commitments to the Customer with which you are affiliated.  In such a case, the Customer may control and administer the implementation of the Services and any account you have on the Services, including by controlling privacy-related settings, provisioning or de-provisioning access to the Services (or parts thereof), enabling or disabling third-party integrations, and managing permissions.  Your Customer can also access and process your data and the contents of your communications and files associated with your Account.  Your use of the Services is subject to the Customer’s policies if any.  Should you have any questions about the policies of your Customer or the implementation of the Services by the Customer, contact them directly. In the event of any conflict between the Agreement and the Services Agreement, the Services Agreement shall control. 

 

ACCEPTANCE

BY CLICKING “I  AGREE TO THE TERMS OF USE,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE AGREEMENT; AND (ii) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF YOU ARE A USER UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, YOU AGREE THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE AGREES TO THESE TERMS AND OUR PRIVACY POLICY ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THESE TERMS. IF THE INDIVIDUAL ENTERING INTO THE AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) THE TERM “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THE AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

SUBSCRIPTION AUTO-RENEWAL

IF YOU SIGN UP FOR A PAID SUBSCRIPTION TO THE SERVICES, THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY BASIS (OR SUCH OTHER PERIOD STATED AT THE TIME OF PURCHASE) AT THE EXPIRATION OF THE SUBSCRIPTION PERIOD AT WATCHMEGROW'S THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE SUBSCRIPTION TERMS AND CONDITIONS BELOW.

IMPORTANT INFORMATION ABOUT ARBITRATION, CONSENTS, AND UPDATES TO THE AGREEMENT

PLEASE BE AWARE THAT SECTION 17 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WATCHMEGROW HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 17 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND WATCHMEGROW BE RESOLVED BY BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (I) YOU AND WATCHMEGROW WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (II) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  

ADDITIONAL GUIDELINES 

TO PROTECT THE SAFETY AND PRIVACY OF CHILDREN AND CENTER STAFF, YOU AGREE: (I) THAT YOU SHALL NOT RECORD ANY VIDEO FOOTAGE, OR TAKE ANY SCREENSHOTS OF VIDEO FOOTAGE AVAILABLE TO YOU IN CONNECTION WITH THE SERVICES FOR ANY PURPOSE; (II) THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR USERNAME AND PASSWORD, AND THAT YOU WILL NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY THIRD PARTY; AND (III) TO LOG OUT OF THE SERVICES WHEN YOU ARE NO LONGER USING THE SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT A VIOLATION OF ANY OF THE FORGOING SHALL BE CONSIDERED A VIOLATION OF THIS AGREEMENT AND MAY RESULT IN ENFORCEMENT ACTIONS, INCLUDING, BUT NOT LIMITED TO, TERMINATION OF YOUR ACCOUNT. 

Please note that this Agreement is subject to change by WatchMeGrow in its sole discretion at any time. Although we may attempt to notify you via the email address you provide when major changes are made, you should visit this page periodically to review the terms. It is your responsibility to provide your current email address in association with your WatchMeGrow account. Any changes to this Agreement will be effective immediately for new users and will be effective thirty (30) days after e-posting notice of such changes to the Services. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services.  Otherwise, your continued use constitutes your acceptance of such change(s). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Important Notice. The video and audio, if any, provided to you through the Services is made available on behalf of the Center you are affiliated with. You agree that WatchMeGrow is not liable for any content made available by a Center or for any act or omission of a Center. WatchMeGrow is solely providing the Services as a venue for connecting you with your Center. YOU UNDERSTAND THAT THE CENTER IS SOLELY RESPONSIBLE FOR THE AUDIO AND VIDEO MADE AVAILABLE ON THE SITE AND FOR OBTAINING ANY CONSENT NECESSARY, IF ANY, FOR THE VIDEO AND/OR AUDIO RECORDING THAT TAKES PLACE ON THE CENTER PREMISES.

You acknowledge and agree that: (a) you and/or your child’s voice, likeness, and image may be recorded while you are in or around the Center, and that any such recordings may capture audio and video interactions as well as other personal information concerning such participants (“Recordings”), and (b) Recordings and related personal information may be shared with (i) researchers for purposes of performing educational studies (ii) other Parent Users in connection with their use of the Services, and (iii) other third parties by WatchMeGrow for any legal purpose. Please review our privacy policy to learn more about how WatchMeGrow handles your personal information, including any personal information associated with recordings in each Center. 

2. Description of Services. WatchMeGrow provides a system that allows authorized family members to view and/or listen to their childcare via video and/or audio streams during Center operation hours via the Platform or the App. You may be able to receive video recordings and visual images of your child directly via the Services if the Center you are affiliated with elects to send such video recordings and/or images. WatchMeGrow reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You may need to update third-party software from time to time in order to use the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. If you are an Administrative User, you may have access to additional features and functions through your use of the Services. Please review the Services Agreement to determine which additional or administrative features you have the opportunity to access. 

3. Use of the Services. Rights to use the Services.  

   1. Generally. The Services, and any parts thereof, including the Platform, are protected by copyright laws throughout the world. Subject to the Agreement, WatchMeGrow grants you the right to access and use the features and functionality of the Services. Unless otherwise specified by WatchMeGrow in a separate license, your right to use any part of the Services is subject to the Agreement. WatchMeGrow, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any part of the Services terminates the licenses granted by WatchMeGrow pursuant to the Agreement.

   2. Application License. For any App made available as part of the Services, WatchMeGrow grants you, subject to your compliance with the Agreement, a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use.  Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to the use of the App on a shared basis within your designated family group.

   3. Service Interruptions. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your internet service-enabled wireless device (such as a phone or tablet) and broadband internet access, or optional cellular backup service, for which neither WatchMeGrow nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. If you are an Administrative User, we cannot and do not guarantee that you will receive notifications within any given time, or at all.

   4. Support. You acknowledge and agree that WatchMeGrow will have no obligation to provide you with any support or maintenance in connection with the Services. As between us and you, you are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

4. Accounts. 

   1. Registration and Account Creation. In order to access and use certain features of the Services, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including (but not limited to) an email address and password. In order to create an Account, you must provide and maintain current and accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. If you are an Administrative User of a Center, then the user with administrative credentials for the Center's Account as approved by WatchMeGrow (the “Authorized Account Administrator”) may have to approve your registration. You are responsible for maintaining the confidentiality of your password and Account, agree not to share your Account login information with anyone at any time, and are responsible for all activities that occur under your Account. WatchMeGrow reserves the right to refuse service to anyone at any time without notice for any reason, including but not limited to, if WatchMeGrow has reasonable grounds to suspect that any information provided in the registration process is inaccurate, not current, or incomplete. In no event shall WatchMeGrow be liable for any unauthorized access to, or alteration of, your Account, transmissions, or data.

   2. Social Networking Site. You may be able to access the Services through a social network service (“SNS”) as part of the functionality of the Services. You may link your Account with a SNS, by allowing WatchMeGrow to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS. You represent that you are entitled to grant WatchMeGrow access to your SNS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS. By granting WatchMeGrow access to any SNS accounts, you understand that WatchMeGrow may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Services that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Services. Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WATCHMEGROW DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.  WatchMeGrow is not responsible for any SNS content, including but not limited to, accuracy or legality of, or infringement by, the SNS content.

5. Proper Use; Restrictions. You agree that you are responsible for your own use of the Services and for any consequences thereof. Your use of the Services is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You agree to only access the Services by logging in with authorized Account credentials at http://www.watchmegrow.com or via the mobile App. You shall not, shall not agree to, and shall not authorize or encourage any third party to (a) use the Services to upload, transmit or otherwise distribute any content that is unlawful, tortious, invasive of another’s privacy, harmful to children, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by WatchMeGrow; (b) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using the Services or otherwise interfere with the proper functioning of the Services; (d) use the Services for any fraudulent or inappropriate purpose; or (e) introduce software or automated agents to the Services for any purpose, including but not limited to produce multiple accounts or generate automated messages. Violation of any of the foregoing may result in immediate termination of this Agreement without notice to you and may subject you to state and federal penalties and other legal consequences. WatchMeGrow reserves the right but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request. You understand that your Account may be terminated for excessive use at WatchMeGrow’s sole discretion (for example creating a script to automatically refresh images).

WatchMeGrow reserves the right at all times to remove or refuse to distribute any content on the Services, such as content that violates the terms of this Agreement. WatchMeGrow also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (iv) respond to user support requests, or (v) protect the rights, property or safety of WatchMeGrow, its users and the public. WatchMeGrow will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Additional Use Guidelines. As a condition of use, you agree not to use the Services, or allow any third party to use the Services, in any way that is prohibited by our guidelines set forth in this Section: 

   1. Do not record video footage, or take screenshots of video footage made available to you through the Services. Recording video, and taking screenshots violate the privacy of the children and staff at your Center. You are not permitted to capture, record, share, or retain any video footage or screenshots for any purpose, including for your own personal use (e.g., sharing photos or video feed made available through the Services on a social media platform). 

   2. Do not share your username or password with any third parties. To help maintain the integrity and security of the Services, do not share your username or password with anyone. When you create an account in connection with the Services, you are the only person permitted to use your login credentials. 

   3. Remember to log out of the Services when you are finished watching, or if you are no longer using the Services. Logging out of the Services when you are no longer watching helps to protect the safety and privacy of your child and other children at your Center. If you forget, we will automatically log you out after a period of inactivity in accordance with this Agreement. 

7. WatchMeGrow Communications.

   1. Generally. You may have the opportunity to provide us with your e-mail address. By providing your email address to us, you consent to receive email communications from WatchMeGrow. Communications from us may include communications about your use of the Services. 

   2. Promotional Email Communications. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES. 

   3. Electronic Communications. The communications between you and WatchMeGrow use electronic means, whether you use the Services or send us emails, or whether WatchMeGrow posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from WatchMeGrow in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WatchMeGrow provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

8. Fees. 

   1. Center-Covered Usage. Certain Parent User’s access to the WatchMeGrow Services is made available at no charge to such Parent User when such Parent User’s Centers pay us directly for your access to the Services. To determine whether the Center with which you are affiliated covers the fees in connection with your use of the Services, please provide the phone number for the Center you are affiliated with at the point of Account creation. If our records indicate that your Center has fully subsidized your fees, then WatchMeGrow will not charge you for Services. If the Center with which you are affiliated terminates its agreement with WatchMeGrow or elects to no longer cover Parent Users’ access to the Services, you may be required to purchase a subscription pursuant to Section 8(b) to continue to use the Services. WatchMeGrow retains the right to implement a fee structure for any Services in the future. WatchMeGrow will provide notice if it begins to charge you fees for access to the Services.

   2. Payment. 

      1. Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.  Prices for our Services are subject to change without notice. You must provide WatchMeGrow or Authorize.net as defined below with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Services.  Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities.  By providing WatchMeGrow or Authorize.net with your credit card number and associated payment information, you agree that WatchMeGrow and/or Authorize.net is authorized to immediately invoice your Account for all fees and charges due and payable to WatchMeGrow hereunder and that no additional notice or consent is required.  You agree to immediately notify WatchMeGrow and/or Authorize.net of any change in your billing address or the credit card used for payment hereunder.  WatchMeGrow reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you. All fees are, unless otherwise stated, non-refundable and stated in US dollars. 

      2. Payment Processor. We use Authorize.net Inc. (“Authorize.net”) as a third-party provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you agree to be bound by Authorize.net’s US Terms of Services available at https://www.authorize.net/about-us/terms/, and Privacy Policy available at https://www.authorize.net/about-us/privacy/. You hereby consent to provide and authorize us and Authorize.net to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information. 

      3. Subscriptions. If you have elected to purchase a subscription to the Services, your subscription will remain in effect until it is canceled. You understand that the billing cycle for your subscription will start on the day that you sign up for Services and that you will be billed every month on the day of the month that your paid Account was activated. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at WatchMeGrow’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least five  (5) days prior to prior to the end of your billing cycle to avoid being charged for an additional month of service. If you cancel during a given month you understand that your subscription will end on the day that you specified on the cancellation form. WatchMeGrow will prorate your billing back to the date of cancellation if applicable. IT IS YOUR RESPONSIBILITY TO PROVIDE US  WITH NOTICE OF YOUR INTENT TO CANCEL YOUR SUBSCRIPTION IF YOUR CHILD WILL NO LONGER BE ATTENDING A WATCHMEGROW CENTER, OR IF YOU WISH TO TERMINATE FOR ANY OTHER REASON.  By subscribing You hereby authorize WatchMeGrow to bill your payment method as described above; by providing WatchMeGrow with your credit card number and associated payment information, you agree that no additional notice or consent is required. Upon renewal of your subscription, if WatchMeGrow does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree WatchMeGrow may provide you, via email, notice of such non-payment and a link for you to update your payment information, and if such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then WatchMeGrow may terminate the applicable Account.

   3. Taxes. The amounts paid under this Agreement do not include any Sales Tax that may be due in connection with your purchase of a subscription hereunder.  If WatchMeGrow determines it has a legal obligation to collect Sales Tax from you in connection with your purchase under this Agreement, WatchMeGrow shall collect such Sales Tax in addition to the amounts required under the Agreement.  If any transactions are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to WatchMeGrow, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify WatchMeGrow for any liability or expense WatchMeGrow may incur in connection with such Sales Taxes.  Upon WatchMeGrow’s request, you will provide it with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” shall mean any sales, use, excise, services, or other tax measured by the value of sales or services.

9. Third-Party Content on the Service. WatchMeGrow takes no responsibility for third-party websites, services, or applications linked to the Services or any third-party content available on the Services (collectively, “Third-Party Materials”) (including, without limitation, the content of the video and/or audio streams supplied by the Centers), nor does WatchMeGrow have any obligation to monitor such third-party content. WatchMeGrow provides access to these Third-Party Materials only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Materials, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data-gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials. 

10. Intellectual Property Rights. You acknowledge that WatchMeGrow and its suppliers own all rights, title, and interest in and to the Services, including without limitation all intellectual property rights (the "WatchMeGrow Rights"), and such WatchMeGrow Rights are protected by U.S. and international intellectual property laws. Neither the Agreement (nor your access to the Services) transfers to you or any third party any rights, title, or interest in or to such WatchMeGrow Rights, except for the limited access rights expressly set forth in Section 3. Accordingly, you agree that, except as expressly permitted herein, you will not copy, reproduce, alter, modify, or create derivative works from the Services. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services, (b) you shall not utilize framing techniques to enclose any trademark or logo on the Services; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services; (e) you shall not access the Services in order to build a similar or competitive website, application or service; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. WatchMeGrow, its suppliers, and service providers reserve all rights not granted in the Agreement.  here are no implied licenses granted under the Agreement. Any unauthorized use of the Services terminates the licenses granted by WatchMeGrow pursuant to the Agreement. The WatchMeGrow Rights include rights to (i) the Services developed and provided by WatchMeGrow; (ii) all software associated with the Services, and (iii) all updates, improvements, and modifications thereto. Privacy. WatchMeGrow understands that privacy is important to you. You do, however, agree that WatchMeGrow may monitor, edit, or disclose your personal information, including the content of any emails you may send to WatchMeGrow if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the WatchMeGrow Privacy Policy.

11. Account Inactivity. After a period of inactivity, WatchMeGrow reserves the right to disable or terminate a user's Account. If an Account has been deactivated for inactivity, the Username associated with that account may be given to another user without notice to you or such other party.

12. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by (a) providing notice to WatchMeGrow by completing the cancellation form found on WatchMeGrow's website, (b) notifying the Center you are affiliated with of your intent to terminate your Account, or (c) contacting WatchMeGrow support; provided, however, a terminated Account will be subject to the payment terms described herein. WatchMeGrow may at any time and for any reason, at WatchMeGrow’s sole discretion, terminate the Services, terminate this Agreement, or suspend or terminate your Account. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account. WatchMeGrow will not have any liability whatsoever to you for any suspension or termination of your Account. All provisions of this Agreement which by their nature should survive, shall survive termination, including without limitation ownership provisions, indemnification, warranty disclaimers, and limitations of liability. 

13. Disclaimer of Warranties.  

Generally. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  WATCHMEGROW AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WATCHMEGROW AND ITS SUPPLIERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY VIDEO RECORDINGS OR IMAGES MADE AVAILABLE THEREON, WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.

YOU ACKNOWLEDGE AND AGREE THAT THE WATCHMEGROW SERVICES, INCLUDING ANY CAMERA SYSTEMS LOCATED AT THE CENTER YOU ARE AFFILIATED WITH,  ARE NOT A REPLACEMENT FOR CHILDCARE OR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. OUR CAMERAS SHOULD NOT BE RELIED ON FOR TIME-CRITICAL, EMERGENCY, OR SAFETY PURPOSES. PLEASE PERFORM ANY DILIGENCE YOU BELIEVE IS NECESSARY WHEN SELECTING A CHILDCARE CENTER. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL WATCHMEGROW DISPATCH EMERGENCY SERVICES TO A CENTER IN THE EVENT OF AN EMERGENCY.

THE SERVICES ARE SUBJECT TO SPORADIC INTERRUPTIONS AND FAILURES FOR A VARIETY OF REASONS BEYOND WATCHMEGROW’S CONTROL, INCLUDING WI-FI INTERMITTENCY, AND THIRD-PARTY SERVICE PROVIDER UPTIME, AMONG OTHERS. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE THAT WATCHMEGROW IS NOT RESPONSIBLE FOR ANY DAMAGES ALLEGEDLY CAUSED BY THE FAILURE OR DELAY OF THE SERVICES.

For Administrative Users. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO EDUCATE YOURSELF ON HOW TO RESPOND TO AN EMERGENCY. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ADHERE TO YOUR LOCAL REGULATIONS WITH RESPECT TO THE CARE AND SAFETY OF CHILDREN IN YOUR CARE. INFORMATION RECEIVED VIA THE SERVICES SHOULD NEVER BE A SUBSTITUTE FOR THE IN-PERSON MANAGEMENT OF CLASSROOM. NOTIFICATIONS PROVIDED THROUGH THE SERVICE ARE NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS OF CERTAINTY THAT CHILDREN ARE SUPERVISED, OR THAT THERE IS A PERSON DETECTED OR FOR A THIRD PARTY THAT MONITORS OR ALARMS YOUR FACILITY.

 

14. Indemnification. You agree to hold harmless and indemnify WatchMeGrow, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of or inability to use the Services or your violation of this Agreement or any law, rule, or regulation, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. WatchMeGrow reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WatchMeGrow in asserting any available defenses.  You agree not to settle any matter without the prior written consent of WatchMeGrow. WatchMeGrow will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WATCHMEGROW OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WATCHMEGROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY ACTS OR OMISSIONS OF THE CENTERS, OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY, INCLUDING ANY CENTER; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL WATCHMEGROW OR ITS SUPPLIERS BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) AMOUNTS PAID BY YOU TO WATCHMEGROW HEREUNDER OR (B) FIFTY DOLLARS ($50). WATCHMEGROW AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, INACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH YOUR CENTER. YOU UNDERSTAND THAT WATCHMEGROW IS NOT RESPONSIBLE OR LIABLE FOR ANY OF YOUR CENTER’S ACTS OR OMISSIONS OR FOR ANY OF THE AUDIO AND/OR VIDEO CONTENT SUPPLIED ON, OR SHARED THROUGH THE SERVICES. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WATCHMEGROW AND YOU. 

16. Choice of Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF WASHINGTON CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.  To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and WatchMeGrow agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Thurston County, Washington.

17. Arbitration. ARBITRATION CLAUSE AND CLASS ACTION WAIVER . Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and WatchMeGrow arbitrate disputes against one another.

Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 17 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WatchMeGrow HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 17 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND LITTERA BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 17 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ THIS SECTION 17 CAREFULLY.

1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and WatchMeGrow agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and WatchMeGrow may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or WatchMeGrow may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.  

2. Informal Dispute Resolution. There may be instances when a Dispute arises between you and WatchMeGrow. If that occurs, WatchMeGrow is committed to working with you to reach a reasonable resolution. You and WatchMeGrow agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and WatchMeGrow, therefore, agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice unless an extension is mutually agreed upon by the parties in writing. Notice to WatchMeGrow that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@watchmegrow.comor regular mail to our offices located at WatchMeGrow Funding LLC, DBA WatchMeGrow, 2625 Willamette Dr NE, Lacey, WA  98516. The Notice must include: (1) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address, and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

3. Waiver of Jury Trial.  YOU AND WATCHMEGROW HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and WatchMeGrow are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

4. Waiver of Class and Other Non-Individualized Relief. YOU AND WATCHMEGROW AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 17.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under subsection 17.9 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and WatchMeGrow agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Thurston County, Washington. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or WatchMeGrow from participating in a class-wide settlement of claims.

5. Rules and Forum.  These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and WatchMeGrow agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.  JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.  Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.  

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  

Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 17.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. 

You and WatchMeGrow agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 17.9 (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.

7. Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or WatchMeGrow need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and WatchMeGrow agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against WatchMeGrow by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by WatchMeGrow.

You and WatchMeGrow agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to: WatchMeGrow Funding LLC, DBA WatchMeGrow, 2625 Willamette Dr NE, Lacey, WA  98516, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your WatchMeGrow account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

11. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with WatchMeGrow as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

12. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if WatchMeGrow makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to WatchMeGrow at: WatchMeGrow Funding LLC, DBA WatchMeGrow, 2625 Willamette Dr NE, Lacey, WA  98516, your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. WatchMeGrow will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.

18. Release. You hereby release WatchMeGrow and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of the Centers, other users, or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19. Accessing and Downloading the Application from iTunes. You acknowledge and agree that the availability of certain aspects of any App we provide as part of the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: 

    1. You acknowledge and agree that: (i) the Agreement is concluded between you and WatchMeGrow only, and not Apple; and (ii) WatchMeGrow, not Apple, is solely responsible for the App Store Sourced Application and the content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, and you agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App.  

    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the App Store Sourced Application, and WatchMeGrow, not the App Store, is solely responsible for the App, the content thereof, and warranty therefor.  

    3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between WatchMeGrow and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WatchMeGrow. 

    4. You and WatchMeGrow acknowledge that, as between WatchMeGrow and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    5. You and WatchMeGrow acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between WatchMeGrow and Apple, WatchMeGrow, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. 

    6. You and WatchMeGrow acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

20. Feedback. If you provide WatchMeGrow with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to WatchMeGrow all rights in such Feedback and agree that WatchMeGrow shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. WatchMeGrow will treat any Feedback you provide to WatchMeGrow as non-confidential and non-proprietary. You agree that you will not submit to WatchMeGrow any information or ideas that you consider to be confidential or proprietary.

21. International Users.  The website and other parts of the Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that WatchMeGrow intends to announce such services or content in your country. The Services are controlled and offered by WatchMeGrow from its facilities in the United States of America. WatchMeGrow makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

22. Export Control.  The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree not to export, re-export, or transfer, directly or indirectly, any U.S.  technical data acquired from WatchMeGrow, or any products utilizing such data, in violation of the United States export laws or regulations.

23. Copyright/Trademark Information. Copyright © 2023, WatchMeGrow Funding LLC, DBA WatchMeGrow. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks. All goodwill generated from the use of any WatchMeGrow Marks will inure to WatchMeGrow’s benefit.

24. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us at the contact information below.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In addition, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

25. Force Majeure.  WatchMeGrow shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 

26. Miscellaneous. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. WatchMeGrow shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. You may give notice to WatchMeGrow at the following address: 2625 Willamette Dr NE, Lacey, WA  98516.  Such notice shall be deemed given when received by WatchMeGrow by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail at the above address. Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without WatchMeGrow’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. WatchMeGrow may freely assign an Agreement. If any provision of Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

27. Contact Information. 

WatchMeGrow Technology Solutions LLC, DBA WatchMeGrow
2625 Willamette Dr NE
Lacey, WA  98516
support@watchmegrow.com