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Terms and Conditions of Use

For First Watch® Security device using SecuRemote™ technology, SecureShield™, First Watch® Online, First Watch Web Sites and other First Watch® Security products.

Terms and conditions for use for world wide web sites owned, operated or controlled by First Watch Security (hereinafter "First Watch Security"), a division of Belwith Products®, LLC., including any of its Affiliates ("First Watch Security Sites")

Please Read Carefully

By accessing, browsing and/or using the pages in any Site owned, operated or controlled by First Watch Security or any of its Affiliates, including this Site, ("First Watch Sites") you agree to the terms and conditions set forth here. If you do not agree, you should not use First Watch Security Sites. If you are currently a party to a separate, written agreement with First Watch Security, including any of its Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement.

Intellectual Property

Belwith Products, LLC., including any of its affiliates, (BELWITH) owns all Intellectual Property and Copyright. The Software and any authorized copies that you make are the intellectual property of and are owned by BELWITH. The structure, organization, proprietary content and code of the Software are the valuable trade secrets and confidential information of BELWITH. The Software is protected by law, including without limitation the intellectual property and copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by BELWITH. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

Any and all of BELWITH trade names, including but not limited to, First Watch® Security, SecuRemote™, trademarks, service marks and logos used in connection with BELWITH brands and products are trademarks of Belwith Products, LLC., and should not be used without attribution and prior and written consent. BELWITH expends considerable resources designing and developing its products, and implementing comprehensive programs to protect its product designs and trademarks. BELWITH designs and develops its products in its Research & Development facilities in the U.S. and other countries.

Except as otherwise noted, BELWITH is the owner of all copyrights, trademarks, trade dress, product designs, product descriptions, images, graphics, logos, emblems, service marks and logos on the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), regardless if they are registered or not. All screen shot images are proprietary information on each smartphone and are subject to copyright laws. All registered trademarks are registered in the United States of America and other countries.

Copyrights

All content and product designs and graphic illustrations are copyrighted works of Belwith Products, LLC. BELWITH design, graphic and modeling teams include artists, engineers, technicians, and experimental product development infrastructure. BELWITH decorative designs are all original art and as such, are protected by United States and International copyright laws. All rights are reserved. Copying, depiction, reproduction, modification, distribution, display, performance or transmittal for any purpose of BELWITH product designs is prohibited under United States and international copyright laws.

Trademarks

BELWITH is the owner of all trademarks regardless if they are registered or not. All registered trademarks are registered in the United States of America and other countries.

The Bluetooth trademarks are owned by their proprietor and used by Belwith Products, LLC. under license. All other product or service names are the property of their respective owners.

Links

BELWITH Sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of Belwith, including any of its Affiliates. Belwith provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. BELWITH reserves the right to remove these links at any time and without notice.

Other parties may provide links to BELWITH Sites. BELWITH does not require third parties to obtain BELWITH 's consent prior to linking to BELWITH Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on BELWITH Sites or disparage or are otherwise detrimental to BELWITH. BELWITH assumes no responsibility for the content of sites that include links to BELWITH Sites, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on BELWITH Sites without the express written permission of BELWITH.

Patents

Material on the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), may be subject to one or more U.S. Patents. BELWITH owns utility and design patents filed with and approved by the U.S. Patent & Trademark Office and other government authorities in other countries. Such U.S. patents include but not limited to: D587981, D589325, D589326, D587982, D563468, D562105, D559074, D579753, D581769, D544335, D554968, D550538, D549549, D544778, D549544, D495577, D485153, D479790, D451782, D453466, D451362, D454772, D450999, D445016, D442462, D445016, D442462, D442055, D487865, D442055, D487865, D420272, D423904, D409074, D420272, D423904, D409074, D424402, D397022, D424402, D397022, D379423, D390768, D391466, D380134, D377445, D375886, D379752, D371733, D372186, D368420, D379751, D367600, D369289, D362169, D347376, D347566. Other patent applications are pending in the U.S. and in other countries. The above do not include current U.S. patent-pending applications or patents of affiliate entities. Numerous other foreign patents have been granted and patent applications remain pending.

Intellectual Property Violations

Unauthorized use of BELWITH intellectual property is expressly prohibited and may be a violation of law, and subject to prosecution. BELWITH will go to great lengths to protect its intellectual property including patent, trademark and copyright infringement actions and all other available remedies under applicable laws.

Authorized and Unauthorized Use

Viewing a BELWITH Site creates a copy of BELWITH materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the BELWITH Site. The materials published on BELWITH Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of BELWITH including any of its affiliate.

You are authorized to view, download and use the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), onto a single computer for only your personal, non-commercial use unless otherwise authorized in writing by BELWITH, and provided that you do not otherwise violate any copyright, trademark, or patent laws with Belwith Products, LLC. Downloading of any information or Content from the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), does not transfer any right or ownership of such information or Content to you.

You are not authorized to reproduce, copy, upload, transmit, display or redistribute any materials or design elements of the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), for commercial purposes without the prior written consent by BELWITH. You may not mirror or archive any part of the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), or any of its Contents without written permission from BELWITH. Unauthorized access, modification or interference with the availability, security, access to the SecuRemote™ App (or from the website First Watch® Security or using First Watch® Online), or interference with its operation is prohibited. You may link to this site only after first notifying Belwith of your intent to do so, and will remove any such link, irrespective of cause, at the request of BELWITH or their representatives.

You are not authorized to integrate or use BELWITH Software with any other software, plug-in or enhancement that uses or relies upon the Software. You may not resell, distribute, make any commercial use of, or use to operate a Website or otherwise generate income from the Software.

Limit of Liability. UNDER NO CIRCUMSTANCES WILL BELWITH BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.

Governing Law

This agreement will be governed by and construed in accordance with the substantive laws in force in the State of Michigan, USA.

Export Rules

You agree that you will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

General Provisions

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This policy shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of BELWITH. Updates may be licensed to you by BELWITH with additional or different terms. This is the entire agreement between BELWITH and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. As part of this agreement you agree to hold BELWITH harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on the Software or Device.

DISCLAIMER

THE MATERIAL IN BELWITH SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BELWITH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BELWITH DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BELWITH DOES NOT WARRANT THE AVAILABILITY OF BELWITH SITES, THAT BELWITH SITES AND YOUR USE OF BELWITH SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BELWITH SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. BELWITH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF BELWITH SITES AND/OR THE MATERIALS IN BELWITH SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT BELWITH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.

Modification to Terms and Conditions

BELWITH can revise the Terms and Conditions of this agreement at any time by modifying or updating this posting. Your use of a First Watch Security Site, including any of its Affiliates on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

Severability

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

For notice and other legal related matters please refer to the BELWITH website at www.belwith.com or contact Customer Service at Belwith® Products, LLC. directly at 1-800-235-9484.

Corporate Offices
Customer Service Manager
Belwith® Products, LLC.
3100 Broadway S.W.
Grandville, Michigan 49418