1. Your relationship with WatchOwl Code
1.1 Your use of WatchOwl Code's services and web sites (referred to as the "Service" or "Services" in this document and excluding any services provided to you by WatchOwl Code under a separate written agreement) is subject to the terms of a legal agreement between you and WatchOwl Code. " WatchOwl Code" means WatchOwl Code.
1.2 Unless otherwise agreed in writing with WatchOwl Code, your agreement with WatchOwl Code will always include, at a minimum, the terms and conditions set out in this document.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
3. Provision of the Services by WatchOwl Code
3.1 By accepting this agreement you acknowledge and agree that you have the sole responsibility of ensuring that the integration with WatchOwl Codes services does not interrupt normal operation of your site. WatchOwl Code WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DISRUPTIONS OR DAMAGES INCURRED BY USING THE SERVICES.
3.2 You acknowledge and agree that if WatchOwl Code disables access to your account, you may be prevented from accessing the Services.
3.3 You agree that you are responsible for providing an accurate and updated email address when registering for the Services WatchOwl Code provide and for as long as you remain a user of these Services.
3.4 You agree that WatchOwl Code may contact you by email and that they may notify you directly via the website or Service.
3.5. You agree that you will remove the scripts that gives you access to the Service if you are instructed to do so and that WatchOwl Code may charge you and/or disable your usage of the Service centrally.
4. Limitations of services
4.1 By accepting this agreement you acknowledge that WatchOwl Code may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Service, the maximum number and size of loged entries or other content that may be transmitted or stored by the Service, the frequency with which you may access the Services and the locations where the Service is available.
4.2 You acknowledge and agree that WatchOwl Code has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.
4.3 You acknowledge that WatchOwl Code reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that WatchOwl Code shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to WatchOwl Code for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify WatchOwl Code immediately.
6. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WatchOwl Code AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WatchOwl Code MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR (IV) THAT THE SERVICE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WatchOwl Code OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WatchOwl Code AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WatchOwl Code HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.
9. General legal terms
9.1 You agree that WatchOwl Code may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
13.2 The Terms, and your relationship with WatchOwl Code under the Terms, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. You and WatchOwl Code agree to submit to the exclusive jurisdiction of the courts located within Denmark to resolve any legal matter arising from the Terms. October 21, 2011