Before you register with myWaterWatch, you must read and agree to this Terms of Service ("TOS"). By using the myWaterWatch services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by myWaterWatch and you.

myWaterWatch may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.mywaterwatch.com/tos.htm

1. Description of Service. myWaterWatch is a web-based irrigation scheduling application from myWaterWatch (the "Service"). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet. The Services provide a user the ability to . You acknowledge and agree that Zamzar may establish general practices and policies concerning use of the Services. The irrigation schedules produced by myWaterWatch are only estimates of plant / water requirements. They are based on long term, average weather patterns and average crop coefficient curves.  Field verification by the user is absolutely necessary to ensure proper soil moisture levels and plant health throughout a growing season. In order to help the user understand the procedures used in the myWaterWatch scheduling program, it is recommended to view the Help Files before using myWaterWatch.  myWaterWatch  reserves the right to change or discontinue any of the Services at any time. Subject to all the terms and conditions of this Agreement, myWaterWatch shall supply the Services to you and grant you a personal, non-transferable, terminable license to use the Services from the Effective Date for the Subscription Period.
2. Definitions
   • 1.1 "Effective Date"
     Means the date which you commence using the Services.
   • 1.2 "Services"
     Means the provision of services as selected by you during the ordering process and confirmed by email.
   • 1.3 "Subscription Fee"
     Means the annual fee payable by you in advance in respect of the provision of the Services, and as may be varied on notice to you from time to time.
   • 1.4 "Subscription Period"
     Means the period from the Effective Date until this Agreement is terminated in accordance with the provisions herein.
3. Eligibility. You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. myWaterWatch reserves the right to refuse service to anyone at any time without notice for any reason.
4. Responsibility for Data
   You bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.
5. Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
   • use the Service for any fraudulent or inappropriate purpose;
   • resell, duplicate, reproduce or exploit any part of the Service without the express written permission of myWaterWatch;
   • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
   Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
6. Payment Terms. A valid credit card is required for you to continue using the Service. The Service is billed in advance on an annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties. Should you upgrade your account, your credit card will be charged with the new rate and thus be reflected on your next billing cycle.
7. Modification to Fees and Services. myWaterWatch reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. myWaterWatch reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the myWaterWatch Site (www.mywaterwatch.com) or the Service itself.
8. Cancellation and Termination. You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by choosing not to renew. There will be no refund if you cancel the Service before the end of your current, paid-up term, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. myWaterWatch may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
9. Intellectual Property Rights. You acknowledge that myWaterWatch owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Processing Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for Your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
10. Warranties and Liability. myWaterWatch does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that myWaterWatch shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if myWaterWatch has been advised of the possibility of such damages), resulting from your usage of the Service.
11. Indemnification. You agree to hold harmless and indemnify myWaterWatch, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, myWaterWatch will provide you with written notice of such claim, suit or action.
12. Limitation of Liability
    Your use of myWaterWatch is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that myWaterWatch shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
13. The failure of myWaterWatch to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and myWaterWatch and govern your use of the Service, superseding any prior agreements between you and myWaterWatch (including, but not limited to, any prior versions of the TOS).

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact myWaterWatch.