Terms of Service
The website www.awatchfulneighbor.com (the “Website”) is owned and operated by Notify Owner LLC, a New York limited liability company (referred to as “AWN”). These Terms of Service (“Terms”) govern your legal rights to use or access the Website and our products, services, software, mobile application, and our Website (collectively, the “Service”).
You must read these Terms closely because they contain important information about, among other things, out liability, automatic renewal the requirement that you arbitrate any claims you may have against AWN (arbitration means that you will not have, and you waive, the right for a judge or jury to decide your claims).
If you do not agree with these Terms, you may not purchase or use Service.
This Agreement represents the entire understanding relating to your purchase or use of the Service and, unless specifically agreed to by AWN in writing, prevails over any prior or contemporaneous, conflicting or additional communications between you and AWN. All rights not expressly granted herein are reserved by AWN.
Specific areas or pages of our Website may include additional or different terms relating to the purchase or use of the Service. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. In addition, we may add or remove products or services to the Service we offer, and we will inform you about those changes as they occur.
The term “you,” as used in these Terms, includes any person or entity who is the registered user of the Service and creates an account associated with the Service, as well as any person or entity authorized to access or use your account (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Service, but you agree to be fully responsible for all actions taken by Authorized Users relating to your account. As a result, you should authorize only those individuals that you trust to access your account and the Service.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
When you create an account with AWN, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information not only will make notifying you difficult or impossible but may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By creating an Account on our Service, you agree to subscribe to marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us directly. You also agree to receive alerts via text, email and/or phone of incidents and events of activity around your property, and your emergency contacts that you have listed will also be notified of events and messages via text, email and or phone.
TRIAL AND SERVICE PLANS
Subscriptions to the Service are for a term of one (1) year, with payment due at the start of the term. You may cancel the Service at any time, but you must cancel within thirty (30) days of the start of the term to receive a refund of the annual fee. The term shall be automatically renewed for one (1) year periods, and your credit card will be charged on the commencement or renewal date, unless you provide notice of your intent to terminate before the commencement of the renewal period.
TERMINATION OF YOUR ACCOUNT
If you terminate your account, you may use the Service until the end of your then-current term and your subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current term. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service.
You can terminate your account and delete your profile information at any time by sending a request to AWN at firstname.lastname@example.org or by postal mail to the address set forth below. We may terminate your account and deny you access to the Service in our sole discretion for any reason including your violation of these Terms of Service. AWN shall not be liable to you or any third party for the discontinuation or termination of your access to the Service.
THE PRODUCTS AND SERVICES OFFERED BY AWN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AWN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR OR ANY AUTHORIZED USER’S USER OF OR RELIANCE ON THE SERVICES OR ON ANY INFORMATION, CONTENT, SUBMISSIONS, OPINION, ADVICE OR STATEMENTS MADE BY AWN OR THROUGH THE WEBSITE OR A LINKED SITE.
LIMITATION OF LIABILITY
NEITHER AWN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, GOODWILL, PROPERTY DAMAGE, PROFITS, DATA OR OTHER INTANGIBLE LOSSES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES PURCHASED OR PROVIDED THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, SERVICES, AND CONTENT ON THE WEBSITE OR LINKED SITE, AS APPLICABLE. AWN’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO USE THE SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
NO LIFE AND SAFETY OR CRITICAL USES
In order for our Service to be effective we must be able to relay messages to your emergency contacts, and therefore you must provide to us the names and contact information three (3) emergency contacts. Our Service is not intended as a third-party monitored emergency notification system. We do not monitor emergency notifications and will not dispatch emergency authorities to your home in the event of an emergency. AWN makes no warranty or representation that use of the Service will affect or increase any level of safety. We cannot and do not guarantee that you will receive notifications in any given timeframe, but we will use our best efforts, consistent with reasonable business practices, to relay the messages to you in a timely fashion. All life threatening, safety and emergency events should be directed to the appropriate response services.
LINKS TO OTHER WEB SITES
The Service may contain links to third party web sites or services that are not owned or controlled by AWN. AWN has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. AWN does not warrant the offerings of any of these entities/individuals or their web sites. You acknowledge and agree that AWN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
AWN’S COPYRIGHTS AND TRADEMARKS
All contents of this Website are Copyright © 2020 Notify Owner LLC dba A Watchful Neighbor. The logos, marks, product and service names and other intellectual property that appears on this Website or in connection with the Service (the “AWN IP”) belong to AWN and are protected by U.S. and international trademark laws. You agree not to display or use the AWN IP in any manner without AWN’s prior written permission. To seek permission to use any of the AWN IP, please contact AWN in writing at its address set forth below.
When you use the Website or send emails to AWN you are communicating with or receiving communication from AWN electronically. You consent to receiving communications from AWN electronically, including without limitation, receiving email communications from AWN via email or on the Website. You expressly agree that all agreements, notices, disclosures and other communications that AWN provides to you electronically, including by email, text message and phone, will satisfy any legal requirement that such communications be in writing.
If you have any questions, comments or complaints regarding this Agreement, the Service or the Website, feel free to contact us using the Contact page.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this website is Notify Owner LLC dba A Watchful Neighbor, 1 Askins Place, New Rochelle, New York 10801. Complaints regarding the Website or the Service or requests to receive further information regarding use of this Website or the Service may be sent to the above address or to us using the Contact page.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Agreement and the Service shall be in the state or federal courts located in the City of White Plains, County of Westchester, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to AWN’s Service or these Terms must be filed within one (1) years after such claim or cause of action arose or be forever barred.
By using the Service you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Agreement, or to the breach, performance, non-performance, termination or invalidity thereof, shall be finally settled and determined by arbitration administered by the American Arbitration Association (the “Association”) under its then current Arbitration Rules.
The written award of the arbitrator shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction. The Association shall appoint the sole arbitrator following consultation with the parties. The arbitrator so appointed shall be independent of the parties and shall have a reputation as being experienced in the legal and technical matters related to the dispute. The seat of arbitration shall be White Plains, New York; provided, however, that the arbitrator may hold hearings at such other locations within the State of New York as the arbitrator shall determine, after consultation with the parties. The arbitral proceedings and all pleadings and written evidence shall be in the English language.
Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The arbitrator is precluded from awarding punitive or exemplary damages. Nothing in this Agreement prohibits any party from seeking interim relief in any court of competent jurisdiction; provided, however that neither the filing of an application for a temporary restraining order, preliminary injunction, or other interim relief, as necessary, nor the granting of such relief, shall be deemed to be a waiver of the obligation of the party to have the dispute heard and determined solely and exclusively by arbitration. The rights and obligations of the parties as described herein shall survive the termination of the Service provided by AWN.
AWN shall not be liable for any failure to provide services pursuant to this Agreement if such failure is caused directly or indirectly by acts of God; acts of war (including acts of terrorism); weather conditions; labor disputes or strikes; accidents; fires; explosions; floods; sabotage; fuel shortages; equipment malfunctions or failures;, orders, filings, directives, laws, rules, regulations, ordinances, actions or inactions of any federal, state, or local governmental agency, department, court or body having jurisdiction over the activities of User or AWN; changes in laws, inability to obtain the requisite licenses, approvals or permits or any other matters beyond the reasonable control of AWN.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between AWN and you relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.
This Agreement is not assignable or transferable by you except with AWN’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Notwithstanding anything to the contrary in this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on a party after expiration or termination of this Agreement will survive such expiration or termination. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
AWN reserves the right, at its sole discretion, to modify or replace these Terms at any time on notice to you. If a revision is material AWN will provide at least 20 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at AWN’s sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions or concerns with respect to these Terms of Service or our Website and/or the Service, please contact us at email@example.com or by mail:
A Watchful Neighbor LLC
1 Askins Place
New Rochelle, New York 10801