Terms & Conditions

Billing

Each user can enjoy the service FREE for 30 days. Add as many monitored PCs as you like, for FREE. At the end of the 30 day trial your credit card will be charged $9 for each account or "monitored computer" you have active if on a monthly billing cycle, and $25 for each account or "monitored computer" you have active if on a quarterly billing cycle. At the beginning of the 30 day trial we do require that your credit card information be submitted and validated for billing after the 30 day FREE trial (if you choose to continue using the service).

Cancellation

If you wish to cancel the service simply turn off the monitoring in the SmartWatch Control Center on all your listed PC's before the 30 day Free trial period expires or before the next billing cycle. At a later date you are welcome to turn the service back on but please be aware if you turn the same account off and back on within any 30 day period you will be billed for the full monthly service. We bill in advance and do not refund "partial month" services.

Limits of liability

The SmartWatch service does not guarantee a PC will be online and operational. Nor does the service guarantee a process being performed by a monitored PC is operational and performing normally. The SmartWatch service only monitors critical aspects or "Vital Signs" of a remote PC and reports it status back to you. The service makes certain assumptions based on the monitoring data collected. By monitoring the response time of the PC, the fact that it is responding and dynamics of it connectivity, SmartWatch only reports what the systems appears to be doing. Because the service does make operational assumptions based on the data received we accept no responsibility for the PC's failure or the failure of a process being performed. By using the SmartWatch service and software you the "User" agrees to hold SmartWatch LLC harmless for any failure of the software or service whatsoever.

Use Terms and Conditions

By accessing or using the SmartWatch service or software, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use the Software or the service.

The SmartWatch software (collectively, "Software") operated by SmartWatch LLC, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SmartWatch software and service constitutes your agreement to all such terms, conditions, and notices. Your use of the software or service may also be subject to additional terms outlined elsewhere on our website.

• Modification of these Terms Of Use - SmartWatch LLC reserves the right to change the terms, conditions, and notices under which the SmartWatch service, including but not limited to the charges associated with the use of the SmartWatch service and software. You are responsible for regularly reviewing these terms and conditions for changes and updates.


• Copyrights & Trademarks - The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of SmartWatch LLC. The collective work includes works that are licensed to SmartWatch LLC. Copyright 2010 ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to SmartWatch LLC.


• Indemnification - You agree to indemnify, defend, and hold harmless SmartWatch LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the software using your Internet account.


• Applicable Laws - Your use of this software shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this software (including but not limited to the purchase of SmartWatch products or service) shall be in the state or federal courts located in Salt Lake County, Utah. Any cause of action or claim you may have with respect to the software or service must be commenced within one (1) year after the claim or cause of action arises. SmartWatch's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SmartWatch LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


• Arbitration - By using this our software or service, you agree that SmartWatch LLC, at its sole discretion, may require you to submit any disputes arising from the use of its software or service, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.