Terms of Use

WELCOME TO FUGITIVE WATCH!

This website is owned and operated by Fugitive Watch Productions, Inc., a California corporation. The following terms and conditions apply to your use of and access to this website (“Site”), whether accessed through the World Wide Web, mobile telephone, or any other medium or device now known or hereafter developed. Your use may include any one or more of the following: accessing, viewing, browsing, purchasing of merchandise, email, message boards, chat rooms, forums, blogs, other forms of online and/or electronic communication; the uploading and downloading of photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on this Site.

 

Legal Agreement Between You And Fugitive Watch

These Terms of Use constitute a legal agreement between you and Fugitive Watch Productions, Inc. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in these Terms of Use in order to access and/or use the Site. By using this Site, you agree to be legally bound by these Terms of Use. You are authorized to use the Site (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and these Terms of Use. Please read these Terms of Use carefully. If you do not agree with all of them, you should leave this Site immediately. If you do not accept these Terms of Use in their entirety, you do not have permission to access or use this Site.

Modification of these Terms of Use

Fugitive Watch may wish to update or change these Terms of Use from time to time to reflect changes in the services offered by Fugitive Watch, to adjust to changes in the laws affecting the Site, changes in Fugitive Watch’s policies, or for other good reasons. When we do, we will also revise the “last updated” date at the bottom of these Terms of Use. You understand that Fugitive Watch reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on the Fugitive Watch Sites. Continued access to or use of the Fugitive Watch Site after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Fugitive Watch Site shall be subject to the Terms of Use, as modified from time to time.

You Are Responsible For Activities on Your Account

If you are given a password to access the Fugitive Watch Site, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Fugitive Watch immediately of any unauthorized use of your account. Fugitive Watch is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Please choose carefully the information you post via the Fugitive Watch Site or provide to other users. Fugitive Watch assumes no responsibility or liability for this material. If you become aware of misuse of any service offered by Fugitive Watch by any person, please contact [email protected].

Personal and Non Commercial Use Only

You may use the Fugitive Watch Site for your own personal and non-commercial purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Fugitive Watch SITE except as expressly provided in these Terms of Use.

Illegal and/or unauthorized use of the Fugitive Watch Site is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Fugitive Watch Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on the Fugitive Watch Site. Appropriate legal action may be taken for any illegal or unauthorized use of the Fugitive Watch Site.

Purchasing Terms — Merchandise

Pricing and Payments

All prices are in US Dollars. Advance payment in full via Visa or MasterCard or PayPal only is required. Prices are subject to change from time to time in Fugitive Watch’s sole discretion.

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

Shipping

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Fugitive Watch is not responsible for non-receipt of orders that have been deemed delivered. Fugitive Watch is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

Domestic Shipping (US): Our domestic carriers are USPS and FedEx. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. Shipping charges are determined by the number, weight, and type of items ordered and the shipping carrier and service selected. We do not ship COD.

International Shipping (Outside The US): Our international carrier is DHL Worldmail. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Fugitive Watch, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

Refunds, Returns and Exchanges

There are no refunds, returns, or exchanges. All sales are final except only in the case of a manufacturer’s defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

Fugitive Watch will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Fugitive Watch (see the Undeliverable Packages section below for details). Fugitive Watch will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Fugitive Watch to:

1. Hold your entire order until the item or items that are out of stock are re-stocked; OR
2. Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Fugitive Watch); OR
3. Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR
4. Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Fugitive Watch will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

Unshipped Pre-orders

If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Fugitive Watch Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Fugitive Watch you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Fugitive Watch will not re-ship any order that is classified as undeliverable and returned to us.

State Sales Tax

In accordance with state law, we are required to charge sales tax on orders shipped within the state of California. Sales tax is applied to the order total pre-tax, which includes shipping and handling and (if applicable) gift wrap. Sales tax is not applied to digital downloads.

Purchasing Terms – Subscriptions

Pricing and Payments

All prices are in US Dollars. Prices are subject to change from time to time in Fugitive Watch’s sole discretion. The subscription or membership fee represents the price of the subscription or membership and not the price of the membership welcome package or other complimentary merchandise, which (if included) is included free with the purchase of the membership or subscription. Fugitive Watch will accept payment via MasterCard or Visa, and sometimes American Express only if so specified on the site. In the event of a credit card chargeback, your subscription will be placed on hold and made inaccessible until resolution of the chargeback, and there will be no credit or refund for the period that your subscription is inaccessible. Mail-in payments for accepted for the purchase of certain subscriptions and memberships, but only if so specified on the applicable site. Where mail-in payment are permitted, they must be in the form of cashier’s check or money order; please do not mail cash or personal checks.

Order Processing

Orders for Subscription Services are processed immediately and cannot be cancelled or changed once they have been processed. Please ensure that the shipping address you provide during the signup procedure is accurate and complete before placing your fan club membership or other subscription order. Your shipping address cannot be changed once your order has been processed.

Shipping

Any membership welcome package or complimentary merchandise which may accompany a fan club membership or other subscription will be shipped 6-8 weeks from the time of purchase where available. The typical delivery timeframe is 8-10 weeks from the time of purchase, but please allow up to 12 weeks for delivery. Subscribers with an international shipping address are responsible for any and all duties and taxes which may be incurred upon delivery. If you refuse to pay duties or taxes, your package will be returned to Fugitive Watch, will not be re-shipped, and no refund will be given.

Any membership welcome package or complimentary merchandise which accompanies a fan club membership or other subscription will be deemed delivered when the shipping company provides confirmation that the package has been successfully delivered to the shipping address you provided during the signup procedure. Fugitive Watch is not responsible for non receipt of membership welcome packages or complimentary merchandise that have been deemed delivered. Fugitive Watch is also not responsible for non receipt of membership packages or complimentary merchandise if you did not properly submit your correct and complete shipping address during the signup procedure.

Refunds, Returns and Exchanges

Fan club memberships and all other Fugitive Watch Site and Fugitive Watch Service subscription sales are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Fugitive Watch Site and Fugitive Watch Service subscription purchases) include only access to the fan club (or other subscription-based Fugitive Watch Site or Fugitive Watch Service). Any physical merchandise which may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason.

Undeliverable Packages

If for any reason any membership welcome package or complimentary merchandise associated with the purchase of a subscription service is classified as undeliverable and returned to Fugitive Watch, we will not issue a refund and will not re-ship.

Prohibited Uses, Content and Activities

Prohibited Uses

You agree that you will not: (i) use the Fugitive Watch Site for any purpose that is unlawful or contrary to these Terms of Use; (ii) use the Fugitive Watch Site in any manner that could damage, disable, overburden, or impair the Fugitive Watch Site or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Fugitive Watch user account, computer systems or networks associated with the Fugitive Watch Site; or (iv) obtain or attempt to obtain any materials or information through the Fugitive Watch Site by any means not intentionally made available or provided for.

Prohibited Content

You agree not to post, submit, upload or otherwise display prohibited content on or through the Fugitive Watch Site, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Fugitive Watch Site. Fugitive Watch reserves the right to investigate and take appropriate legal action against anyone who, in Fugitive Watch’s sole discretion, violates this provision, including without limitation, removing the offending communication from Fugitive Watch Site and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Fugitive Watch Site:

• Is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Exploits people in a sexual or violent manner;
• Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• Solicits personal information from anyone under 18;
• Publicly discloses any telephone numbers, street addresses, or last names;
• Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• Involves commercial activities and/or sales without Fugitive Watch’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Includes a photograph of another person that you have posted without that person’s consent.

Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on the Fugitive Watch Site and through your use of the Fugitive Watch Site. Fugitive Watch reserves the right to investigate and take appropriate legal action against anyone who, in Fugitive Watch’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

• Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
• Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• Advertising to, or solicitation of, any user to buy or sell any products or services through the Fugitive Watch Site;
• Exporting encryption software over the Internet or otherwise to points outside the United States;
• Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
• Any automated use of the system, such as using scripts to add friends or send comments or messages;
• Interfering with, disrupting, or creating an undue burden on the Fugitive Watch Site or the networks or services connected to the Fugitive Watch Site;
• Attempting to impersonate another user or person;
• Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
• Selling or otherwise transferring your profile;
• Using any information obtained from the Fugitive Watch Site in order to harass, abuse, or harm another person;
• Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Fugitive Watch Site, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
• Using the Fugitive Watch Site in a manner inconsistent with any and all applicable laws and regulations.

Spam

You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Fugitive Watch Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Fugitive Watch users from such advertising or solicitation, Fugitive Watch reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which Fugitive Watch deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Fugitive Watch Site, you acknowledge that you will have caused substantial harm to Fugitive Watch, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Fugitive Watch $50 for each such unsolicited email or other unsolicited communication you send through the Fugitive Watch Site.

User Disputes

You are solely responsible for your interactions with other users of Fugitive Watch Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Policy on Emailing, Chatting, and Posting on a Message Board

The Fugitive Watch Site may include use of an email account or emailing, chatting, or message board activity (individually and collectively “Community Applications”). Your use of the Community Applications is subject to these Terms of Use.

You understand that Fugitive Watch is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

Fugitive Watch is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Fugitive Watch for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Fugitive Watch reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.

Your Text, Photos, Artwork, Sound Recordings and other Materials Submitted to Fugitive Watch or Posted on a Fugitive Watch Service or Fugitive Watch Site

By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Fugitive Watch Site, any advertisements and promotions, and for any other purpose for which Fugitive Watch chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Fugitive Watch or the Fugitive Watch Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Fugitive Watch and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Fugitive Watch’s use of Your Materials. Fugitive Watch is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Fugitive Watch’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable information that you provide in the process of registering for the Fugitive Watch Site.

Fugitive Watch may delete any of Your Materials that in the sole judgment of Fugitive Watch violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fugitive Watch assumes no responsibility for monitoring the Fugitive Watch Site or Fugitive Watch Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Fugitive Watch chooses, in its sole discretion, to monitor the Fugitive Watch Site or Fugitive Watch Site, Fugitive Watch nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Fugitive Watch does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Fugitive Watch prior to posting and do not necessarily reflect the opinions or policies of Fugitive Watch. Fugitive Watch makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.

Content Available on the Fugitive Watch Site

The Fugitive Watch Site and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Fugitive Watch Site (all of these things are commonly referred to as “Content”) are owned exclusively by Fugitive Watch or others who have licensed their material to Fugitive Watch. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Fugitive Watch Site are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Use are reserved by Fugitive Watch (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Fugitive Watch Site are owned by Fugitive Watch or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Fugitive Watch for which money damages would be inadequate and in such event Fugitive Watch will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fugitive Watch to terminate and/or block user privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Fugitive Watch by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Fugitive Watch Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Fugitive Watch Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Fugitive Watch’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Fugitive Watch Copyright Agent, 985 Industrial Road, Suite 201, San Carlos, CA 94070; attention Copyright Agent; or by email at: [email protected]

Customer Support

Fugitive Watch may provide information about how to use the Fugitive Watch Site. If you have any questions about the Fugitive Watch Site or any problems that you would like to report, please email us at [email protected]. We endeavor to answer all enquiries within two (2) business days, but please allow longer.

Technical Requirements

In order to use the Fugitive Watch Site, we recommend the hardware and software specified below. Fugitive Watch is not responsible for any failure to operate the Fugitive Watch Site resulting from you not using the recommended hardware and software.

PC:

Pentium III 700 mhz or higher

Windows XP or higher

Minimum 100 MB available hard drive space

Minimum 256 MB of RAM

Mac:

G4 Processor or higher

Mac OSX 10.3 or higher

Minimum 100 MB available hard drive space

Minimum 256 MB of RAM

Web Browser Software:

Microsoft Internet Explorer version 6.0 SP2 or higher

Apple Safari versions 2.0 or higher

Browser software built on the Mozilla rendering engine (5.0 or higher), which include:

Mozilla 1.5 or higher (PC and Mac)

Firefox 1.5 or higher (PC and Mac)

In addition to using one of the aforementioned browsers, the following features must be enabled:

Cookies

Javascript

Delay or Failure to Provide Services

Fugitive Watch is not responsible for any delay or failure to provide content, materials or other services where such delay or failure is due to causes outside of Fugitive Watch’s control, including but not limited to failure of a particular recording artist or their management to make materials available to Fugitive Watch in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Third-Party Sites

Fugitive Watch Sites contain links to other websites controlled or operated by persons and companies other than Fugitive Watch (“Linked Sites”). The Linked Sites are not under the control of Fugitive Watch and Fugitive Watch is not 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. Fugitive Watch is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Fugitive Watch responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Fugitive Watch of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Fugitive Watch Site or are identified on Fugitive Watch Sites, including the delivery of and payment for goods and services.

Your Feedback and Suggestions Submitted To Fugitive Watch

Fugitive Watch wants your voluntary feedback and suggestions regarding the Fugitive Watch site and the Fugitive Watch Site so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Fugitive Watch needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Fugitive Watch, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Fugitive Watch and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Fugitive Watch’s use of the materials contained within such feedback or suggestions. Fugitive Watch is under no obligation to post or use any materials you may provide and may remove such materials at any time at Fugitive Watch’s sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Fugitive Watch Site, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Fugitive Watch Privacy Policy.

Software Available on the Fugitive Watch Site

All software (if any) that is made available to view and/or download from the Fugitive Watch Site (“Software”) is owned by and is the copyrighted work of Fugitive Watch and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Fugitive Watch hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Fugitive Watch Site in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Fugitive Watch and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Fugitive Watch for which money damages would be inadequate and in such event Fugitive Watch will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

FUGITIVE WATCH AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE FUGITIVE WATCH SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FUGITIVE WATCH AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL FUGITIVE WATCH, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 FUGITIVE WATCH SERVICES, WITH THE DELAY OR INABILITY TO USE THE FUGITIVE WATCH SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE FUGITIVE WATCH SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FUGITIVE WATCH SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FUGITIVE WATCH OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FUGITIVE WATCH SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUGITIVE WATCH SERVICES. In no event will Fugitive Watch’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Fugitive Watch Service 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.

Termination and Restriction of Access

Fugitive Watch reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Fugitive Watch Site or any portion thereof at any time, without prior notice. Fugitive Watch may also terminate or suspend your access to the Fugitive Watch Site for breach of this Terms of Use or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Fugitive Watch. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Fugitive Watch Site, Fugitive Watch will not terminate your access to the Fugitive Watch Site prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this Terms of Use. If your Fugitive Watch Site subscription is terminated for good cause, or if you cancel your Fugitive Watch Site subscription prior to the expiration of the subscription period for any reason, Fugitive Watch will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Fugitive Watch account, your right to use the Fugitive Watch Site immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Fugitive Watch shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Fugitive Watch Site, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.

Miscellaneous

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Fugitive Watch Site. Fugitive Watch makes no representation that materials on a Fugitive Watch Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Fugitive Watch Site or use Fugitive Watch Site from other locations do so via their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fugitive Watch as a result of these Terms of Use or use of the Fugitive Watch Site. You may not assign these Terms of Use without the prior written consent of Fugitive Watch. Fugitive Watch may assign these Terms of Use, in whole or in part, at any time. Fugitive Watch’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Fugitive Watch’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Fugitive Watch Site or information provided to or gathered by Fugitive Watch with respect to such use. You agree to indemnify and hold Fugitive Watch, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Fugitive Watch Site. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Fugitive Watch with respect to the Fugitive Watch Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fugitive Watch with respect to the Fugitive Watch Site. A printed version of these Terms of Use and of any notices 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.

Intellectual Property Notices

Fugitive Watch Sites and Fugitive Watch Site, and all related technology and content: Copyright (c) 2008 by Fugitive Watch Productions, Inc. or its suppliers. All rights reserved.

“Fugitive Watch” is a trademark and service mark of Fugitive Watch Productions, Inc. The company, product, and brand names of companies, products and services mentioned herein or on a Fugitive Watch Site or any service of Fugitive Watch may be the trademarks and service marks of their respective owners.

Fugitive Watch Productions, Inc. has trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Fugitive Watch Site. Except as expressly provided in these Terms of Use, the provision of the Fugitive Watch Site and the display of Fugitive Watch Sites to you does not give you any license to these trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Last Updated: May 5, 2015