WATCHGUARDVIDEO.COM TERMS OF USE

Last Updated: July 11, 2018

Welcome to the WatchGuard, Inc. website (the “WGI Site”). Whether you are a guest or registered user, your access and use of the WGI Site is subject to the following terms of use (the “Site Terms”). By visiting the WGI Site you accept and agree to the Site Terms and to our Privacy Policy. Please read them carefully.

Please be advised that these Site Terms include provisions that govern how claims you and we have against one another are resolved, including an agreement to arbitrate, which in most instances will require that you submit claims against us to final and binding arbitration rather than having your claims submitted to a court and a jury. You will also be required to pursue your claims against us, and seek relief, on an individual basis and not as a plaintiff or class member in any class or representative action or proceeding. PLEASE READ THE DISPUTE RESOLUTION AND ARBITRATION SECTION CAREFULLY.

ENTIRE AGREEMENT

The Site Terms and our Privacy Policy constitute the sole and entire agreement between you and WatchGuard regarding the WGI Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the WGI Site.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your access and use of the WGI Site. The Privacy Policy explains how we collect, use and maintain personal information of visitors to the WGI Site, including information users of the WGI Site provide to us in connection with the creation and administration of registered user information (“Account Information”). Account Information may include names, usernames, email addresses, telephone numbers, and billing addresses associated with accounts. By using the WGI Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

VISTA® SMARTCONNECT™ PRIVACY POLICY

For information regarding how we collect, manage, share and secure information generated through the VISTA® SmartConnect™ body-worn camera system and the EvidenceLibrary™ evidence management system (together, the “SmartConnect App”) please review our Privacy Policy.

YOUR ACCOUNT AND ACCOUNT SECURITY

To access the WGI Site or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account or a user profile. It is a condition of your use of the WGI Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with or create an account for the WGI Site or otherwise, including but not limited to through the use of any interactive features on the WGI Site, is governed by our Privacy Policy, and you consent to all actions WatchGuard takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the WGI Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Site Terms.

ACCESS AND USE OF THE WGI SITE BY PERSONS UNDER THE AGE OF 18

The WGI Site is not intended for access or use by children. Persons under the age of 18 may use the WGI Site only with the permission of a parent or legal guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

COPYRIGHT

The WGI Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by WatchGuard, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Site Terms permit you to use the WGI Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the WGI Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the WGI Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. Provided that if the user is a law enforcement agency and accesses the WGI Site in connection with an agency account, the user may print or download materials or information intended for use by agency accounts.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the WGI Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the WGI Site.

If you wish to make any use of material on the WGI Site other than as set out in this section, please address your request to csrequest@watchguardvideo.com.

COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is WatchGuard’s policy to terminate the user accounts of repeat infringers.

TRADEMARKS

WatchGuard’s name, the terms 4RE®, VISTA®, VISTA XLT™, DV-1™, EVIDENCELIBRARY.COM™, WATCHGUARD and design, and all related names, logos, product and service names, designs, and slogans are trademarks of WatchGuard or its affiliates or licensors. You must not use such marks without the prior written permission of WatchGuard. All other names, logos, product and service names, designs, and slogans on the WGI Site are the trademarks of their respective owners.

CHANGES TO THE SITE TERMS

We may revise and update the Site Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the WGI Site thereafter. Your continued use of the WGI Site following the posting of revised Site Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

CHANGES TO THE WGI SITE

We may update the content on the WGI Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the WGI Site may be out of date at any given time, and we are under no obligation to update such material.

PROHIBITED USES

You may use the WGI Site only for lawful purposes and in accordance with the Site Terms. You agree not to use the WGI Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Site Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate WatchGuard, a WatchGuard employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the WGI Site, or which, as determined by us, may harm WatchGuard or users of the WGI Site or expose them to liability.

Additionally, you agree not to:

  • Use the WGI Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the WGI Site, including their ability to engage in real time activities through the WGI Site.
  • Use any robot, spider, or other automatic device, process, or means to access the WGI Site for any purpose, including monitoring or copying any of the material on the WGI Site.
  • Use any manual process to monitor or copy any of the material on the WGI Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the WGI Site.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the WGI Site, the server on which the WGI Site is stored, or any server, computer, or database connected to the WGI Site.
  • Attack the WGI Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the WGI Site.

USER CONTRIBUTIONS

The WGI Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website (for example, the “Share a Video” page).

All User Contributions must comply with the Content Standards set out in these Site Terms.

Any User Contribution you post to the WGI Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the WGI Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Site Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WatchGuard, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

WatchGuard is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the WGI Site.

RELIANCE ON INFORMATION POSTED

The information presented on or through the WGI Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the WGI Site, or by anyone who may be informed of any of its contents.

The WGI Site may include content provided by third parties, including materials provided by other users, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WatchGuard, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WatchGuard. WatchGuard is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKING TO THE WGI SITE

You may link to the WGI Site, provided you do so in a way that is fair and legal and does not damage WatchGuard’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:

  • Cause the WGI Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing or in-line linking.
  • Otherwise take any action with respect to the materials on the WGI Site that is inconsistent with any other provision of these Site Terms.

LINKS FROM THE WGI SITE

If the WGI Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. WatchGuard has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the WGI Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

WatchGuard is based in the state of Texas in the United States, and provides the WGI Site for use only by persons located in the United States. WatchGuard makes no claims that the WGI Site or any of its content is accessible or appropriate outside of the United States. Access to the WGI Site may not be legal by certain persons or in certain countries. If you access the WGI Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that WatchGuard cannot and does not guarantee or warrant that files available for downloading from the internet or the WGI Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the WGI Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WATCHGUARD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WGI SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WGI SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WGI SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WGI SITE IS AT YOUR OWN RISK. THE WGI SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WGI SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WATCHGUARD NOR ANY PERSON ASSOCIATED WITH WATCHGUARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WGI SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WATCHGUARD NOR ANYONE ASSOCIATED WITH WATCHGUARD REPRESENTS OR WARRANTS THAT THE WGI SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WGI SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WGI SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WGI SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WATCHGUARD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WATCHGUARD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WGI SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WGI SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless WatchGuard, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Site Terms or your use of the WGI Site, including, but not limited to, your User Contributions, any use of the WGI Site content, services, and products other than as expressly authorized in the Site Terms or your use of any information obtained from the WGI Site.

GOVERNING LAW AND DISPUTE RESOLUTION

A. Applicable Law.

All matters relating to the WGI Site and these Site Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

B. Agreement to Arbitrate.

Any dispute or claim relating in any way to your access and use of the WGI Site, these Site Terms, or the Privacy Policy will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to the interpretation and enforcement of this agreement to arbitrate (the “Arbitration Agreement”). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Arbitration Agreement as a court would. A party who intends to seek arbitration must first send to the other party a notice of dispute, which must include a description of the nature and basis of the claims that the party is asserting and the relief sought. If you and we are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or we may initiate arbitration proceedings. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Capitol Corporate Services, Inc., P.O. Box 1831, Austin, TX 78767. If we begin an arbitration proceeding, we will send notice to you at the address associated with your user account, or, if you do not have a user account, we will contact you through information that may be available to us though your access and use of the WGI Site. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules. Attorneys’ fees and costs may be awarded by the arbitrator as provided by the AAA’s rules. Arbitration will be conducted in Dallas County, Texas or another location that we mutually agree to. If the relief sought is $10,000 or less you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. WE AND YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, AND THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim or dispute is tried in court rather than by arbitration we and you waive any right to a jury trial, and you agree that any such claim or dispute must be resolved exclusively by a state or federal court located in Dallas County, Texas. You and WatchGuard agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purpose of resolving all such claims or disputes.

WAIVER AND SEVERABILITY

No waiver of by WatchGuard of any term or condition set out in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WatchGuard to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Site Terms will continue in full force and effect.

YOUR COMMENTS AND CONCERNS

This website is operated by WatchGuard, Inc., 415 E. Exchange Parkway, Allen, TX 75002.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

COMPLIANCE HOTLINE

To contact us to report ethical misconduct, compliance and regulatory violations; suspected fraud, financial reporting or accounting irregularities; and employee-related issues, such as harassment, discrimination, or wage and hour violations, or any other compliance or workplace issue, click here.

All other feedback, comments, requests for technical support, and other communications relating to the WGI Site should be directed to: csrequest@watchguardvideo.com.