Terms and Conditions of Use
Agreement between User and www.watchugot.online & WatchUGot Mobile App
Welcome to WatchUGot, which includes the www.watchugot.online & WatchUGot Mobile App software (collectively the "WatchUGot Services"). The WatchUGot Services consist of various web pages operated by KoMo Ventures LLC ("KoMo"). Your use of the WatchUGot Services is contingent on your acceptance, without modification, of the terms, conditions, and notices contained herein (collectively the "Terms"). Your use of the WatchUGot Services constitutes your agreement to these Terms. Please read these Terms carefully and completely and keep a copy of them for your reference.
Regarding any software required to run the WatchUGot Services Mobile App (“Software”) you accept and agree to be bound by these Terms by selecting the “Accept” option and downloading the Software or by installing, running, using, or copying the Software. You must agree to these Terms before you will be allowed to download or use the Software. If you do not agree to all of these Terms, you must select “Decline” and you must not install, use, run, or copy the Software.
By accepting these Terms of Service, you confirm that you are at least 13 years of age. Neither KoMo nor any parts of the WatchUGot Services are intended for anyone under 13 years of age.
The WatchUGot Services are part of a social media and fundraising website. With the WatchUGot Services, we want to bring people together to challenge their friends and followers and ultimately change the world for good while raising awareness and funds for solution to diseases, ongoing world issues, community problems, etc.
2. Electronic Communications
Each and every time you either use the WatchUGot Services or send an email to KoMo constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the WatchUGot Services, individually and collectively, satisfy any legal requirement that such communications be in writing.
To use the WatchUGot Services, you must set up a unique user account (“Account”), which includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, mobile phone, tablet, or other electronic device. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree that you shall not assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that KoMo is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. KoMo and its associates reserve the right to refuse or cancel service, terminate Accounts, or remove or edit user generated content in our sole discretion. KoMo also reserves all available legal rights and remedies to prevent the unauthorized use of the WatchUGot Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider (“ISP”). In addition, any action taken on your Account will be presumed to have been authorized by you.
4. WatchUGot Services Description
The WatchUGot Services allow you and other users to create and participate in online challenges (“Challenges”) that solicit donations (“Donations”) to various charitable organizations (“Charities”). Among other features, the WatchUGot Services allow Challenge Organizers (“Challenge Organizers”) to post a Challenge to the WatchUGot Services and link that Challenge to the applicable Charity, allowing said Charity to accept Donations from those who wish to contribute funds to the Charity (“Donors”). The WatchUGot Services do not require users to make Donations to participate in the Challenges. WatchUGot Services charges a four percent (4%) administrative fee for each Donation. The amount of such administrative fees is subject to change and is at the sole discretion of KoMo.
Challenge Organizers can create Challenges by forming a closed group (“Closed Group”). Upon forming a Closed Group, Challenge Organizers can invite anyone they want to participate in their respective Challenge to join that Closed Group. Forming a Closed Group allows a Challenge Organizer to direct Donations to the Charity of his or her choice, for which WatchUGot Services will charge a four percent (“4%”) flat fee, as well as a payment processing fee.
5. Financial and Fundraising Disclaimer
KOMO IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, OR CHARITABLE INSTITUTION. The WatchUGot Services are an administrative platform only. KoMo facilitates Donations between Charities, Challenge Organizers, and Donors, but is not a party to any agreement between a Challenge Organizer and a Donor or between any user and a Charity. KoMo is not a broker, agent, financial institution, creditor, or insurer for any user. KoMo has no control over the conduct of, or any information provided by, a Challenge Organizer, a Charity, or any user, and KoMo hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by KoMo through the WatchUGot Services is for informational purposes only and KoMo does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding Challenges, Donations, Charities, or the use of the WatchUGot Services, you should consult your financial, legal, tax advisers, or other professional advisers as appropriate. You acknowledge that your access content or information through the WatchUGot Services is at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of contributing to any Challenge, Challenge Organizer, or Charity.
When you make Donations, you do so at your own risk and it is your sole responsibility to understand how your money will be used before making any Donation. KoMo is not responsible for any offers, promises, rewards, or promotions made or offered by Charities, Challenges, or Challenge Organizers. KoMo cannot verify the information that Challenge Organizers or Charities supply and KoMo does not guarantee that Donations will be used in accordance with any fundraising purpose described by a Charity or Challenge Organizer. KoMo assumes no responsibility to determine the veracity of any such claims or to verify whether Donations are used in accordance with applicable laws and these Terms. Such responsibility lasts solely with the Challenge Organizer and/or Charity.
KoMo does not guarantee that a Challenge or Charity will obtain a certain amount of Donations or any Donations at all. KoMo does not personally endorse any Challenge, Challenge Organizer, or Charity and makes no guarantee, explicit or implied, that any information provided through the Services by a user or Challenge Organizer is accurate. KoMo expressly disclaims any liability or responsibility for the success of any Challenge, Charity, or the outcome of any fundraising purpose.
6. Representation and Warranty of Challenge Organizer
You, as a Challenge Organizer, represent, warrant, and covenant that i) all information you provide in connection with a Challenge is, to the best of your knowledge, accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Donor or user; ii) you will comply with your jurisdiction’s applicable laws and regulations or your Charity’s applicable policies and regulations when you solicit funds, including, but not limited to, laws relating to marketing and solicitation; and iii) to the extent you share with KoMo any personally identifiable information of any third party for any purpose, including the names, addresses, email addresses and phone numbers, you have the authority (including any necessary consents), as required under applicable law, to provide KoMo with such personally identifiable information and allow KoMo to use such personally identifiable information for the purposes for which you shared it with KoMo. You authorize KoMo, and KoMo reserves the right to, provide information relating to your Challenge to your Charity, users, beneficiaries, or to law enforcement or to assist in any investigation.
To contribute to a Challenge, a Donor will be required to, through the WatchUGot Services, provide KoMo, information regarding the Donor’s credit card or other payment instrument (“Payment Information”). You, as a Donor, represent and warrant to KoMo that such Payment Information is true and that you are authorized to use the applicable payment instrument. You agree that all Donation payments are final and will not be refunded. You acknowledge that KoMo may use third party payment processing partners (“Payment Partners”) to bill you through your payment instrument for any Donations made and you acknowledge that by donating to a campaign, you agree to any and all applicable terms set forth by any Payment Partners.
8. Links to Third Party Sites/Third Party Services
The WatchUGot Services may contain links to other, third party, websites ("Linked Sites"). The Linked Sites are not under the control of KoMo or any part of the WatchUGot Services and neither KoMo nor any part of the WatchUGot Services are responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KoMo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KoMo of the website or any association with its operators.
Certain services made available via the WatchUGot Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the WatchUGot Services or KoMo domain, you hereby acknowledge and consent that KoMo may share such information and data with any third party with whom KoMo has a contractual relationship to provide the requested product, service or functionality on behalf of the WatchUGot Services users and customers.
9 Devices and Internet Connection
Access to the WatchUGot Services may require the use of your personal computer or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile connection and all associated fees that you incur when accessing the WatchUGot Services.
10. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the WatchUGot Services, including the Software, strictly in accordance with these Terms. As a condition of your use of the WatchUGot Services, you represent and warrant to KoMo that you will not use the WatchUGot Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
a. Use the WatchUGot Services in any manner which could damage, disable, overburden, or impair the WatchUGot Services or interfere with any other party's use and enjoyment of the WatchUGot Services.
b. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WatchUGot Services.
c. Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable.
d. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the WatchUGot Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the WatchUGot Services, or perform any other similar fraudulent activity.
e. Harvest or collect the email addresses or other contact information of other users from the WatchUGot Services.
f. Defame, harass, abuse, threaten or defraud users of the WatchUGot Services, or collect, or attempt to collect, personal information about users or third parties without their consent.
g. Remove, circumvent, disable, damage or otherwise interfere with security-related features of WatchUGot Services or content.
h. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the WatchUGot Services, Software, or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence.
i. Modify, adapt, translate or create derivative works based upon the WatchUGot Services, Software, or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
j. Access any website, server, software application, or other computer resource owned, used and/or licensed by KoMo, including but not limited to the WatchUGot Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures KoMo may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed KoMo, including but not limited to the WatchUGot Services.
k. Interfere with or disrupt the WatchUGot Services or servers or networks connected to the WatchUGot Services, or disobey any requirements, procedures, policies or regulations of networks connected to the WatchUGot Services.
l. Attempt to indicate in any manner that you have a relationship with KoMo or that KoMo has endorsed you or any products or services for any purpose and
m. Use the WatchUGot Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
11. Software License Grant
These Terms entitle you to install and use one copy of the Software. In addition, you may make one archival copy of the Software. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Software. You may not use, copy, or install the Software on any system with more than one computer, or permit the use, copying, or installation of the Software by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Software, you may not use, copy, or install the Software on any system with more than the number of computers permitted by these Terms, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may only use or install multiple copies of the Software if you obtain an appropriate licensing agreement for each user and a separate, corresponding copy of the Software.
You may not use the database portion of the Software in connection with any software other than the Software.
12. Intellectual Property
All content included as part of the WatchUGot Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the WatchUGot Services, as well as the Software and the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of KoMo or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the WatchUGot Services. Your use of the WatchUGot Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of KoMo and/or Protected Content’s third party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of KoMo, our licensors, or any third party.
13. Copyright Infringement Policy
KoMo is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any content on KoMo or the WatchUGot Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the WatchUGot Services are covered by a single notification, a representative list of such works that appear within the WatchUGot Services.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and
f. A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
KoMo will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, KoMo will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
13. DMCA Counter Notification
KoMo may notify the owner or administrator of the affected content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
a. Your physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled and
d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which KoMo may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: Wolk & Levine, LLP, Attn: Zachary Levine, Esq., 535 N. Brand Blvd., Ste. 950, Glendale, CA 91203 or by emailing all required documentation to email@example.com with the words "KoMo" Notice of Infringement in the subject line.
14. Use of Communication Services
The WatchUGot Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
KoMo has no obligation to monitor the Communication Services. However, KoMo reserves the right to review any and all materials posted to a Communication Service and to remove any materials in its sole discretion. KoMo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
KoMo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KoMo's sole discretion.
You should always use caution when giving out any personal identifying information about yourself or your children in any Communication Service. KoMo does not control or endorse the content, messages or information found in any Communication Service and, therefore, KoMo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KoMo spokespersons, and their views do not necessarily reflect those of KoMo.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
15. Materials Provided to WatchUGot Services or Posted on Any KoMo Web Page
KoMo does not claim ownership of the materials you provide to the WatchUGot Services (including feedback and suggestions) or post, upload, input or submit to any KoMo Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KoMo, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. KoMo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KoMo&'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
16. Third Party Accounts
KoMo may permit you to create an Account for the WatchUGot Services via certain third party programs and applications. If you access the WatchUGot Services via such third party services (such as a social network), the profile information connected to the account you use to log into the WatchUGot Services, including your name, may be used by KoMo or the WatchUGot Services to provide and support your account. You also acknowledge and agree that KoMo may publish information regarding your use of the WatchUGot Services to and in connection with any such third party services with which you use in connection with the WatchUGot Services. If you do not want information about you to be shared in this manner, do not use this feature.
17. Apple-Enabled Services Application
The WatchUGot Services operate in connection with products made commercially available by Apple, Inc. (“Apple”), in addition to other devices and operating systems. With respect to WatchUGot Services that are made available to you in connection with an Apple-branded product (such WatchUGot Services shall hereinafter be known as “Apple-Enabled Services”), the following terms and conditions apply, in addition to the terms and conditions set forth in these Terms:
a. You and KoMo acknowledge that these Terms operate between you and KoMo only and not with Apple and that as between KoMo and Apple, KoMo, not Apple, is responsible for the Apple-Enabled Services and the content thereof.
b. You acknowledge that the Apple iOS App Store (“App Store”) contains rules and conditions that govern the use of software made available therein (collectively “Usage Rules”). Such Usage Rules are contained within the App Store Terms of Service (“App Store Terms”). Regarding the WatchUGot Services, you may not use the Apple-Enabled Services in any manner that is in violation of or inconsistent with these Usage Rules or the App Store Terms.
c. Your license to use the Apple-Enabled Services is limited to a non-transferable license to use the Apple-Enabled Services on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
d. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Services.
e. You acknowledge that Apple is not responsible for any product or software warranties, whether express or implied by law. In the event of any failure of Apple-Enabled Services to conform to any applicable warranty, you may notify Apple, via the methods described in the App Store, and Apple will refund the purchase price for the Apple Enabled Services to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Services, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law. For a discussion of any warranties related to the WatchUGot Services, please see Section 22 herein.
f. KoMo and you acknowledge that KoMo, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Services or your possession and/or use of those Apple-Enabled Services, including but not limited to i) product liability claims; ii)any claim that the Apple-Enabled Services fail to conform to any applicable legal or regulatory requirement; and iii) claims arising under consumer protection or similar legislation.
g. In the event of any third party claim that the Apple-Enabled Services or the end-user’s possession and use of those Apple-Enabled Services infringes that third party’s intellectual property rights, as between KoMo and Apple, KoMo, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
h. You represent and warrant that i) you are not located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and iii) you are not located in any other country or jurisdiction from which you would be barred from using the WatchUGot Services by applicable law and
i. If you have any complaints, questions, comments, or concerns with respect to the Apple- Enabled Services, you should direct them to:
KoMo Ventures LLC 4431 N Swan Rd Tucson, Arizona 85718
Email Address: Wugcrew@watchugot.online
Telephone number: (720) 496-7979
18. International Users
The WatchUGot Services are controlled, operated and administered by KoMo from our offices within the United States. If you access the WatchUGot Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the KoMo Content accessed through WatchUGot Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless KoMo, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (a) your misuse of and access to the WatchUGot Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (d) your use of or inability to use the WatchUGot Services; and (e) any claim that you caused damage to a third party.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
21. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KoMo agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
22. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WATCHUGOT SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KOMO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WATCHUGOT SERVICES AND SOFTWARE AT ANY TIME, IN THEIR SOLE DISCRETION.
KOMO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WATCHUGOT SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KOMO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU MUST DETERMINE WHETHER THE WATCHUGOT SERVICES OR THE SOFTWARE MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WATCHUGOT SERVICES OR SOFTWARE TO MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOMO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WATCHUGOT SERVICES OR SOFTWARE, THE DELAY OR INABILITY TO USE THE WATCHUGOT SERVICES OR SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WATCHUGOT SERVICES, KOMO, OR OTHERWISE ARISING OUT OF THE USE OF THE WATCHUGOT SERVICES OR SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KOMO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
23. Termination/Access Restriction
KoMo reserves the right, in its sole discretion, to terminate your access to the WatchUGot Services, the Software, and the related services or any portion thereof at any time, without notice. Use of the WatchUGot Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and KoMo as a result of these Terms or use of the WatchUGot Services.
KoMo's performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of KoMo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WatchUGot Services or information provided to or gathered by KoMo with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder these Terms shall remain in effect.
These Terms constitute the entire agreement between you and KoMo with respect to the WatchUGot Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and KoMo with respect to the WatchUGot Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
These Terms are non-transferable and you may not assign your rights and obligations under these Terms, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software without the express written consent of KoMo.
25. Changes to Terms
KoMo reserves the right, at any time and in its sole discretion, to change or amend these Terms. KoMo encourages you to periodically review the Terms to stay informed of our updates. KoMo will provide you with notice of such changes. For the sake of clarity, notice of any changes to these Terms shall be accomplished upon the earlier occurrence of either, KoMo sending you an email to the address listed in your Account, notifying you of such changes, or KoMo announcing such changes through the WatchUGot Services. Such changes will go into effect immediately upon your access of the WatchUGot Services after you are given notice. The most current version of the Terms will supersede all previous versions. Your continued use of the WatchUGot Services following the notice of any changes to these Terms constitutes your acceptance of such changes.
26. Choice of Law
These Terms are governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes with KoMo and all disputes arising out of or related to your use of the WatchUGot Services.
27. Contact Us
KoMo welcomes your questions or comments regarding these Terms. You may contact us at:
KoMo Ventures LLC 4431 N Swan Rd Tucson, Arizona 85718
Email Address: Wugcrew@watchugot.online
Telephone number: (720) 496-7979
These Terms shall hereby go into effect as of 3/16/2018.