You are required to use BocaWatch Official Inc.’s Service(s) responsibly. This includes respecting the other customers and users of BocaWatch Official Inc. Subject to the terms and conditions of this Agreement, BocaWatch Official Inc. grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, web sites and their contents. You shall comply with all copyright laws worldwide in your use of BocaWatch Official Inc.’s Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, BocaWatch Official Inc. does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
BocaWatch Official Inc. servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.
Examples of prohibited use include, but are not limited to:
- materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so
- material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
- unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others
- storage, posting, display, transmission, advertising, or otherwise making available child pornography, or promotion of any activities in violation of the United Nations Universal Declaration of Human Rights.
- In purchasing BocaWatch Official Inc. services, all BocaWatch Official Inc. customers certify that they and/or the organization they represent in procuring services from BocaWatch Official Inc. are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
System and Network Abuse
Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:
- unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
- forging of any TCP-IP packet header or any part of the header information in any way
- distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information
- any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic
- interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet
- any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner
- any form of avoidance of system restriction
- any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords
Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the Plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.
Violation of this Agreement
If BocaWatch Official Inc. becomes aware of any violation or threatened violation of this Agreement, BocaWatch Official Inc. may pursue any remedies and take any action against you to stop or correct such violation, including, but not limited to, denying access to BocaWatch Official Inc. ’s Services and equipment or to the Internet, removal of all or a portion of the information stored on BocaWatch Official Inc.’s server, suspension of any and all Services, or termination of this Agreement. In the event BocaWatch Official Inc. is required to suspend Services or terminate this Agreement, BocaWatch Official Inc. shall not refund any of the Fees paid in advance of such corrective action. In addition, BocaWatch Official Inc. may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this Agreement. You agree that BocaWatch Official Inc. shall have no liability to you or any of your customers as a result of any corrective action BocaWatch Official Inc. may take (including, without limitation, termination of Services). You are expected to cooperate with BocaWatch Official Inc. in any corrective or preventive action that BocaWatch Official Inc. deems necessary.
In consideration of the Services provided to you by BocaWatch Official Inc., you shall pay the service fees set forth in your Plan(s) (“Fees”). BocaWatch Official Inc. offers 1, 3, 6, 12, and 24 month terms. All Plans are prepaid and automatically renew for successive like periods unless terminated in accordance with this Agreement. All Fees must be paid in advance by credit card or personal check. By establishing a Plan with BocaWatch Official Inc. , you authorize BocaWatch Official Inc. to automatically charge the Fees and any administrative or other fees provided for in this Agreement to your credit card or transfer money from your checking account via the transit and routing numbers you provide on the Order Form. You may discuss other payment arrangements with BocaWatch Official Inc.’s Billing Manager by contacting us at:
You must notify BocaWatch Official Inc. of any changes in your personal information including, but not limited to, the billing address, account number or credit card or bank account, or expiration or cancellation of your card.
It shall be your sole responsibility to assure payment is received in full and on time. If payment is not collected by the date due, (1) your account will be suspended until payment is received in full, (2) a $25.00 late payment charge will be added to the invoice, and (3) BocaWatch Official Inc. reserves the right to terminate your Plan(s). If a Plan is suspended for insufficient payment, you must contact BocaWatch Official Inc. and arrange for immediate payment. Suspended accounts will continue to be responsible for the payment of fees. Accounts in default are subject to a service charge of 0.013% ( or such other maximum amount permitted by law ) per day on the outstanding balance. Termination of Services shall not relieve customer from the obligation to satisfy outstanding amounts due and payable. In the event BocaWatch Official Inc. utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of BocaWatch Official Inc. ’ attorneys’ fees, collection agency fees, and all other costs related to the collection of outstanding amounts.
BocaWatch Official Inc. , its online publications, and publications using the BocaWatch Official Inc. owned accounts for collection of any kind of funds online have a zero refund policy. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR IMPLIED. REFUNDS ARE ONLY AVAILABLE AT THE SOLE DISCRETION OF BocaWatch Official Inc.
Credit Card Charge Backs
Any Customer who initiates a chargeback on their credit card, (removal of BocaWatch Official Inc.’s debit of your credit card account for Fees) will be subject to (1) an Administrative Fee of $150.00 per chargeback, (2) re-payment of the amount(s) originally charged to the credit card (3) and immediate termination of all Customer’s Plan(s).\
The term of this Agreement shall be as set forth in the Order Form, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
Termination by Customer
All plans automatically renew until terminated. In order to terminate or cancel your plan, you must submit a request for a termination:
AFTER YOU REQUEST TERMINATION, YOUR INFORMATION WILL BE CHECKED AGAINST OUR RECORDS. YOU MAY BE ASKED TO VERIFY YOUR IDENTITY, FOR YOUR SECURITY. A CONFIRMATION E-MAIL WILL BE SENT AS ONE METHOD. YOU MUST CLICK ON THE CONFIRMATION LINK TO CONFIRM.
Any attempts to cancel by phone, email, live chat, or any other method do not fulfill our record keeping requirements. Billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money back guarantee. Termination requests must be received a minimum of TEN (10) days prior to the end of your plan’s term to prevent automatic renewal . If a plan has already been renewed, there are absolutely no refunds available for any reason. BocaWatch Official Inc. is unable to cancel your account effective for a future date. Once the online account termination form has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email within 2 business days. If you do not receive this email, your request was not received! The confirmation email will contain a Ticket ID, which is your proof of submission and can be used to track the status of your termination request.
Advertising & Marketing
You agree that during the term of this Agreement BocaWatch Official Inc. may publicly refer to you, orally and in writing, as a customer of BocaWatch Official Inc.
Warranties and Representations
You warrant and represent to BocaWatch Official Inc. that you are
- at least eighteen 18 years of age;
- you possess the legal right and ability to enter this Agreement;
- you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply;
- you will be financially responsible for your Plan(s);
- you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content;
- you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and
- your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
Disclaimers and Limitations
You expressly agree that the use of Services or any information provided by BocaWatch Official Inc. is at your sole risk. Neither BocaWatch Official Inc. , nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does BocaWatch Official Inc. make any warranty as to the results that may be obtained from the use of the Services.
THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. BocaWatch Official Inc. AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
YOU AGREE THAT NEITHER BocaWatch Official Inc. NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL BocaWatch Official Inc. OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY BocaWatch Official Inc. OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON BocaWatch Official Inc. SITES, YOUR USE OF, OR INABILITY TO USE BocaWatch Official Inc. ’ SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER BocaWatch Official Inc. OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Notwithstanding anything to the contrary in this Agreement, BocaWatch Official Inc.’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer to BocaWatch Official Inc. for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement.
Customer shall defend, indemnify and hold harmless BocaWatch Official Inc. , its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on BocaWatch Official Inc.’s server, the Customer’s web site or an end user’s use of the such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by BocaWatch Official Inc. , (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of Customer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by BocaWatch Official Inc. to provide the Services, including any damage to BocaWatch Official Inc. ’ servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.
Limitations of Claims
Any cause of action you may have with respect to your use of BocaWatch Official Inc.’s Services, Web sites or other information must be commenced within one (1) year after the claim or cause of action arises.
BocaWatch Official Inc. may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on BocaWatch Official Inc.’s system in order to abide by any applicable laws, lawful governmental requests, to protect BocaWatch Official Inc.’s systems and customers, or to provide and protect the quality, functionality, and integrity of BocaWatch Official Inc.’s business and equipment.
Compliance with Law
You agree that when using the Services you shall comply with all applicable laws and regulations. You shall not use the Plan(s) or the Services in any way that violates US export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce’s Table of Denial Orders.
In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.
Copyright or Trademark Infringement
The information provided by BocaWatch Official Inc. through the use of Services, including all images, designs, photographs, writings, graphs, data, and other materials (“BocaWatch Official Inc. Contents”), as well as the collection, arrangement and assembly of the BocaWatch Official Inc. Contents, are the exclusive property of BocaWatch Official Inc. and is protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. BocaWatch Official Inc. Contents may not be used in connection with any other product or service. Any use of the BocaWatch Official Inc. Contents, other than as set forth in this Agreement, including reproduction for purposes of modification, distribution, or republication without BocaWatch Official Inc.’s prior written consent, is strictly prohibited. BocaWatch Official Inc. acknowledges the rights of third parties whose trademarks or registered trademarks are referenced at its Web sites.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All BocaWatch Official Inc. customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a BocaWatch Official Inc. customer (per the DMCA) to BocaWatch Official Inc. must follow the below procedures. Copyright infringement notifications submitted to BocaWatch Official Inc. according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at BocaWatch Official Inc. ’s sole discretion.
DMCA Copyright Infringement Notification Requirements:
- Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”)
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material claimed to infringe the copyright(s), and enough information for BocaWatch Official Inc. to locate it including URLs and specific descriptions of the infringing material at each URL
- The Claimant’s name, address, and telephone number(s)
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
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No waiver of any obligation, representation or warranty shall be effective unless in a writing signed by the party to be charged. The parties waive the application of the doctrines of promissory and equitable estoppel. The mere delay in enforcement of a right shall not be a waiver of a default. No waiver by a party of any breach, default or violation of any provision of this Agreement shall constitute a waiver of any subsequent breach, default or violation of the same or other provision of this Agreement. A waiver shall be narrowly construed. Acceptance of partial performance or payment shall not constitute a waiver or an accord and satisfaction whether or not there is a dispute between the parties. A party may unilaterally waive any condition of which it is the only beneficiary.
You may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of BocaWatch Official Inc. . Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. BocaWatch Official Inc. may assign its rights and obligations under this Agreement, and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
Minimum Age Requirement
BocaWatch Official Inc. customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a BocaWatch Official Inc. customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for BocaWatch Official Inc. services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains BocaWatch Official Inc. ’ express written consent to the contrary.
BocaWatch Official Inc. will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond BocaWatch Official Inc. ’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). BocaWatch Official Inc. will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between BocaWatch Official Inc. and its customers. Each of BocaWatch Official Inc. and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A MICHIGAN STATE OR FEDERAL COURT LOCATED IN PALM BEACH COUNTY, FLORIDA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or BocaWatch Official Inc. , the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement.
BocaWatch Official Inc. may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. BocaWatch Official Inc. does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of BocaWatch Official Inc. ’s Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.
If you believe that another customer has violated this Agreement, please send communication to BocaWatch Official Inc’s abuse department via email:
You agree that the act of submitting Order Forms online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge.