IF YOU SIGN UP TO MAKE PAYMENTS FOR THE SERVICE, THEN THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT WATCHMEGROW’S THEN-CURRENT FEE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PAYMENT PROVISIONS BELOW.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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-mailing notice of such changes to existing users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using this site and the WatchMeGrow 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.
- Important Notice. The video and audio, if any, provided to you through the Service is made available on behalf of the child care center you are affiliated with (each, a “Center”). 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 Service 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 CONSENTS NECESSARY, IF ANY, FOR THE VIDEO AND/OR AUDIO RECORDING THAT TAKES PLACE ON THE CENTER PREMISES.
- Description of Service. 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 (together with this site, the “Service”). WatchMeGrow reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Personal Use. The Service is made available to you for your personal use only. You must be at least thirteen (13) years of age and of legal age to agree to this Agreement to use this Service. 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 Service. You are responsible for maintaining the confidentiality of your Service 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 in inaccurate, not current, or incomplete.
- Proper Use. You agree that you are responsible for your own use of the Service and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service 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 Service by logging in with authorized account credentials at http://www.watchmegrow.com. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service 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; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service or otherwise interfere with the proper functioning of the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) introduce software or automated agents to the Service 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 Service 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).
- Billing Guidelines. WatchMeGrow is available for your use one of two ways; A) free when your center is paying us directly for service or B) as a subscription service where we will charge you a monthly fee directly.
A) If we do NOT ask for your credit card information during the signup process, WatchMeGrow will not charge you for service. Any subscription rate charges, if applicable, are to be collected, administrated and discussed with your child's childcare center. Billing guideline part B does not apply to you if WatchMeGrow does not charge you directly. B) If you provide WatchMeGrow (or its payment processor) your credit card information, you understand that charges will be billed to your credit card and you authorize such automatic monthly billing to your credit card by WatchMeGrow. Your credit card provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You agree to immediately notify WatchMeGrow of any change in your billing address or the credit card or payment method used for payment hereunder. You understand that WatchMeGrow may change its pricing or billing methods at some point in the future in its sole discretion. You understand that you are responsible for all charges incurred for your account until the effective date of termination of the account. You understand that your billing cycle will start on the day that you sign up for service and that you will be billed every month on the day of the month that your account was activated. You understand that your WatchMeGrow account will remain active and that you will be charged on a monthly basis at WatchMeGrow’s then-current price for the Service until you submit the cancellation form found on WatchMeGrow's website. You understand that you must notify WatchMeGrow at least 5 business days 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 the service 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. You hereby authorize WatchMeGrow to bill your payment method as described above and by providing WatchMeGrow with your credit card number and associated payment information; you agree that no additional notice or consent is required. If any fee cannot be charged to your card on file for any reason, WatchMeGrow may provide you, via email, notice of such non-payment and a link for you to update your payment information. 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.
- Content on the Service. WatchMeGrow takes no responsibility for third party websites linked to on the Service or any third party content present on the Service (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 reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which 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 (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) 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.
- Intellectual Property Rights. You acknowledge that WatchMeGrow and its suppliers owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "WatchMeGrow Rights"), and such WatchMeGrow Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that, except as expressly permitted herein, you will not copy, reproduce, alter, modify, or create derivative works from the Service. The rights granted to you in 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 Service, (b) you shall not utilize framing techniques to enclose any trademark or logo on the Service; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service; (e) you shall not access the Service 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 Agreement. Any unauthorized use of the Services terminates the licenses granted by WatchMeGrow pursuant to Agreement. The WatchMeGrow Rights include rights to (i) the Service developed and provided by WatchMeGrow; (ii) all software associated with the Service, and (iii) all updates, improvements, and modifications thereto.
- 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.
- Publicity. Any use of WatchMeGrow's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features is prohibited without the expressed written permission provided by WatchMeGrow.
- Termination; Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to WatchMeGrow by completing the cancellation form found on WatchMeGrow's website provided, however, a terminated account will be subject to the Billing Guidelines defined herein. WatchMeGrow may at any time and for any reason terminate the Service, 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 although residual copies of information may remain in our system. 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 limitation of liability.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS 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. WATCHME GROW AND ITS SUPPLIERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.
- 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 Service 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. In such a case, WatchMeGrow will provide you with written notice of such claim, suit or action. 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.
- 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 SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM THE SERVICE; (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 SERVICE, 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 THE SERVICE.THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WATCHMEGROW AND YOU.
- Choice of Law; Arbitration. Any dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. You and the Company must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (iv) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law. 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 arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Washington State law or United States federal law. Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Thurston County, WA, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Thurston County, WA for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Thurston County, WA. For more information on AAA, its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
- Release. You hereby release WatchMeGrow and their 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 Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
- Miscellaneous. 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. For contractual purposes, you (1) consent to receive communications from WatchMeGrow in an electronic form; and (2) 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 it were to be in writing. The foregoing does not affect your statutory rights. Where WatchMeGrow requires that you provide an e-mail address, you are responsible for providing WatchMeGrow with your most current e-mail address. In the event that the last e-mail address you provided to WatchMeGrow is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by Agreement, WatchMeGrow’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to WatchMeGrow at the following address: 4405 7th AVE SE, Suite 201, Lacey, WA 98503. Such notice shall be deemed given when received by WatchMeGrow by letter delivered by 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 Agreement. If any provision of Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of 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 Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.