Drop Box Watch 

You agree that your use of the website and software shall be at your sole risk. To the fullest extent permitted by law, the company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. The company makes no warranties or representations about the accuracy or completeness of the materials and assumes no liability or responsibility for any:

1. Errors, mistakes, or inaccuracies of content;

2. Personal injury, emotional distress, or property damage, of any nature whatsoever, resulting from your access to and use of the website and Booking;

3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

4. Interruption or cessation of transmission to or from the website or Booking, any bugs, viruses, malware, trojan horses, or the like which may be transmitted to or through Booking by any third-party;

5. Errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available via the site.

6. Third party-provided product or service advertised on, offered by, or featured on the website or software, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third- party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7. Inaccuracies in public data as part of the materials appearing on the website or via Booking are sourced from official government public records that were released under foia and/or public record laws. No claim is made as to the accuracy of the data or other information presented. All data is provided “As is” and should not be relied upon for any legal or official use. Booking is not a consumer reporting agency as defined by the fair credit reporting act (fcra) and as such you are not permitted to use the services for any fcra governed activities such as but not limited to eligibility to determine employment, housing, credit, loans, insurance or any other activity that would require fcra compliance.

All software is “as is.” company expressly disclaims any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory. Company will not be liable for delays, interruptions, service failures or other problems outside the reasonable control of company. To the maximum extent permitted by law, company does not make any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any software or any content therein or generated therewith, or that:

(a) the use of any software will be secure, timely, uninterrupted or error-free;

(b) the software will operate in combination with any other hardware, software, system, or data;

(c) the software (or any products, services, information, or other material purchased or obtained by you through the software) will meet your requirements or expectations);

(d) errors or defects will be corrected; or

(e) the software is free of viruses or other harmful components. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law.

In no event shall the site, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
1. Errors, mistakes, or inaccuracies of content

2. Personal injury or property damage, of any nature whatsoever,resulting from your access to and use of the website or Booking;

3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

4. Interruption or cessation of transmission to or from Booking;

5. Bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website or Booking by any third-party;

6. Errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages;

7. Claim based on the site’s good faith disabling of access to, or removal of, material or activity which has been claimed to be infringing, or based on facts or circumstances from which infringing activity appears likely, regardless of whether the material or activity is ultimately determined to be infringing;

8. Use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are responsible for compliance with local law;

9. Content that is defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you;

10. From time to time due to technological factors, scheduled software uploads and other factors beyond our control, service may be temporarily interrupted. You agree to hold Booking harmless against any such interruption of service, including direct or consequential damages that result.

Copyright

Booking(s) and Services contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other application owned, operated, licensed, or controlled by Booking (defined in above as “Materials”).

You acknowledge and stipulate that all of the Materials constitute expressive content that is fully protected by the U.S. Copyright Act.

Trademark

The name of the Software is considered a service mark licensed by us. We aggressively defend our licensed intellectual property rights.

Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

All of the marks, logos, domains, and trademarks that you find in connection with the Services may not be used publicly except with express written permission from us and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

Informal Resolution

In the event of any controversy or claim arising out of or relating to this Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of thirty (30) days, either party may pursue relief as may be available under this Agreement below. All negotiations pursuant to this section will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

Notices

Any notice under this Agreement must be given in writing. We may provide notice to you via email or through your account. You agree that any such electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Our notices to you will be deemed given upon the first business day after we send it. You will provide notice to us by e-mail to . Your notices to us will be deemed given upon our receipt.

Indemnification

You agree to indemnify and hold company harmless: from and against all loss, cost, expense or liability (including reasonable attorney’s fees) arising out of a claim by a third party against the company, its officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, or owner of the Booking software (“Company Indemnified Parties”), and defend such suit at its expense, based upon Your use of the Services in contravention of this Agreement or the Privacy Policy.

In addition, you agree to indemnify and hold the Company Indemnified Parties harmless: from and against all loss, cost, expense or liability (including reasonable attorney’s fees) arising out of a claim by a third party against the Company Indemnified Parties based upon your use of the Software; from any loss or damages to the company related to, or associated with your customizations, updates and/or corrections to the Software; from any action brought against  Company Indemnified Parties, and defend such suit at its expense, to the extent that it is based on a claim that the customizations, updates and/or corrections developed by you infringe any intellectual property rights of any third parties or, in the alternative, that your use violate the conditions pertaining to non-commercial use of the data in elsewhere in this agreement. Finally, the Company Indemnified Parties shall have no liability to you for any damage sustained by you as a result of your use of the Software, whether such damages are direct or consequential, and regardless if they would arise as a result of breach of contract, tort or otherwise.

 Non-Assignment

This Agreement is personal to you, and you may assign this agreement only with our prior written approval. Any other attempt to assign, transfer, or delegate this Agreement shall be null and void.

Choice of Law

This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of Washington, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Entire Agreement

These Terms embody the entire agreement between you and the company.  It may not be orally altered, modified, or amended by any prior, contemporaneous, or subsequent oral agreement unless the same is reduced to a writing signed by the parties.

Arbitration

Any controversy, claim, or dispute arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in neutral jurisdiction of Franklin County, Washington, pursuant to the Washington Arbitration Code, with discovery permitted to the full extent allowed by the Washington Rules of Court and governed by Washington law. The arbitration award will be enforceable in any state or federal court. In any arbitration court proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

Absent an agreement to the contrary, the arbitration will be conducted by an arbitrator experienced or familiar with the law pertaining to the permissible and impermissible uses of voter data. An award of arbitration is final and binding on the parties and may be confirmed in a court of competent jurisdiction. The prevailing party has the right to collect from the other party its reasonable costs and attorney’s fees incurred in enforcing this Agreement. Notwithstanding the foregoing, your misuse of this website for commercial purposes or the data provided by the Services in contravention of applicable federal or state law does not “arise under this Agreement.” You agree that, by entering into this Agreement, you and the company are waiving the right to a trial by jury.

You and the company agree that YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.