SPOT Subscriber Terms and Conditions 
Effective: 21 July 2010.  Spot, LLC reserves the right to change these terms and conditions at any time.  Updates will be posted to http://www.findmespot.com. 

TERMS AND CONDITIONS INDEX

·    SPOT Satellite GPS Messenger™, General Terms and Conditions.   These include the applicable terms and conditions regarding your SPOT Satellite GPS Messenger Service, including the SPOT Basic Service, Type & Send Messages, Track Progress optional service, GEOS SAR Member Benefit, SPOT Assist Services, SPOT Adventures and Shared Pages.  Additional Terms and Conditions applicable to customers in varying regions are contained at:   

·       Section 11.  United States.

·       Section 12.  Canada.

·       Section 13.  Europe.

·       Section 14.  Brazil.

·       Section 15.  Other SPOT International Customers.

·    Sections 11 through 15 also include terms and conditions relating to those optional services available in each region:  SMS Premium Service and Spot Assist NSD roadside assistance.   The terms and conditions also state where any additional terms that are incorporated by reference can be located.

·    SPOT Equipment Replacement Program Extended Limited Warranty or Service Contract Terms and Conditions.  These contain the terms and conditions pertaining to Spot’s optional Equipment Replacement Program.

·    Legal Notices and the End User License for the SPOT Communicator

 

SPOT SATELLITE GPS MESSENGER™ AGREEMENT.  GENERAL TERMS AND CONDITIONS.

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY.  BY USING YOUR SPOT SATELLITE TRACKER™ (trademark pending), SPOT SATELLITE GPS MESSENGER™ (trademark pending) and/or SPOT COMMUNICATOR™ (trademark pending), (collectively or individually referred to as “SPOT”) AND THIS SERVICE,  YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON USE AND SERVICE CONTAINED IN SECTION 1.3, 1.4, 2, 5, 6  AND 8.  DISCLAIMER OF WARRANTY IN SECTION 5, AND SPECIFIC EXCEPTIONS CONTAINED IN 1.4, 2.1, 2.1.1, 2.1.2, 2.1.3, 2.3, 2.4, 2.5, 6, 8.1, 8.3, 9.2, 9.4 AND 9.7.  YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.  IF YOU DO NOT AGREE, DO NOT USE THE SPOT PRODUCT.   YOU MAY, WITH THE PROOF OF PURCHASE, RETURN THE SPOT PRODUCT TO THE LOCATION FROM WHICH IT WAS PURCHASED.

1. INTRODUCTION.

You understand and agree that:

1.1    Agreement. The SPOT Service Agreement (“Agreement”) between you and Spot, LLC or the appropriate affiliated company for your region as specified in Sections 12 or 13 (for convenience referred to as “Spot”) consists of the Service Plan (“Plan”) to which you subscribed, these General Terms and Conditions (“General Terms”), and any addenda that have been included with these General Terms.  The Agreement period (“Term”) starts when you first activate your  SPOT service (“Service”).  

1.2    Changes.  Spot may change the General Terms or pricing for the Service if its terms for obtaining the Service change or if Spot believes a change is beneficial for conducting its business.  When Spot makes changes, Spot will give notice to you by posting the changed General Terms on the SPOT website: www.findmespot.com.  Spot may also notify you directly of a change, but Spot is not obligated to do so unless the change is a price increase.  You accept responsibility for being fully informed of the changing content of the Spot website, including changes in the General Terms and the Plan.  If Spot makes changes that are not acceptable to you, you may terminate the Agreement without charge by giving written notice of cancellation pursuant to Section 3.4 within thirty (30) days after the date the unacceptable change was posted.  If you do not give written notice within thirty (30) days, you accept the change, effective on the date of its posting.  You agree that you cannot change this Agreement and that no statement or representation (oral or written) of any sales agent, distributor, representative or employee of Spot made to you can change this Agreement.

1.3    Coverage.  You may use your SPOT anywhere there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations).  Coverage areas include virtually all of the continental United States, Canada, Mexico, Europe and Australia, portions of South America, Northern Africa and Northeastern Asia, and hundreds or thousands of miles/kilometers offshore of these areas. Please check http://www.findmespot.com for the current coverage areas.  In Russia, the GPS accuracy of your SPOT is limited (degraded) in accordance with Russian regulations restricting the accuracy of GPS performance for devices utilized in Russia.

1.4    Limitations.  SPOT Service uses coordinates from the U.S. Government’s GPS Satellite Constellation and its onboard GPS chip to determine your position and the L-band uplink (1610-1618.725 MHz) of the Globalstar™ Satellite System, which is owned and operated by Globalstar, Inc. (“Globalstar”) (together, the “Satellite Systems”) and interconnecting wireline or wireless networks to transmit your messages.  The Satellite Systems’ availability is limited by the space technology and environmental conditions that affect radio transmissions including limitations on the geographic satellite service coverage as described on the www.FindMeSpot.com website.  Service may become limited or temporarily unavailable without notice from time to time.  Spot does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the Globalstar satellites, nor does Spot own or control the GPS Satellite Constellation, and cannot be responsible for any service interruptions that are associated with those Satellite Systems or ground stations and the interconnecting networks.  Neither does Spot own or control the cellphone and e-mail service providers who receive the SPOT e-mail and SMS messages, and is not responsible for any delays by the e-mail and cellphone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the service is inherently subject to transmission and reception limitations caused by:  (i) your location, including conditions that obstruct the line of sight between you and the Satellite Systems; (ii) the condition of the Satellite Systems and ground stations; (iii) the condition of your SPOT Product; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Spot’s or the Satellite Systems’ control.

2.    SERVICE.

You must at minimum subscribe to the SPOT Basis Service to utilize your SPOT, including the SOS/911 feature.  You may also select additional bundled and/or optional services.  Some of the service options include:

2.1    SPOT Basic Service.  The SPOT basic service includes unlimited Check OK, Help and SOS/911 messages.  If you have a second-generation, SPOT Satelllite GPS Messenger the basic service also includes unlimited Custom Message transmission to your selected contacts.  Please note in some regions, premium SMS charges may apply (please see more information in Sections 10 through 14).

2.1.1    SOS/911 Emergency.   This is included as part of your SPOT Basic Service.  With a current Basic Service subscription, you may use your SPOT for emergency purposes.  Spot has contracted with a third-party provider, Travel Safety Group dba GEOS (“GEOS”), to provide SOS/911 emergency monitoring services.  Provision of SOS/911 Emergency Services is subject to the terms of this agreement, including the Section 6 Limitations.  Spot intends that the IERCC will be available at all times in all locations where your SPOT  works; however, it is possible that at some times and some locations, the IERCC will not receive your transmission or that your transmission will be delayed.   The emergency responder(s) shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for you or the emergency responder(s).  In no event does this Agreement create a duty to rescue.

2.1.2     SOS/911 Monitoring.  SPOT transmits SOS/911 Emergency Signals received, along with applicable Registration Data information and available location coordinates, to the GEOS SOS/911 International Emergency Rescue Coordination Center(s) (“IERRC”).   The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS/911 Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year.  Upon receipt of a SOS/911 Emergency Signal, IERCC personnel: i) contact if available the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS/911 Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates;  iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS’ possession (including available Registration Data information and/or location coordinates); iv) if you are traveling outside of your home territory, and it is consistent with GEOS’ procedures, GEOS may contact the  Embassy of your government consistent with your Registration Data, either in the location identified  by the Location Information or their Washington, D.C. based Embassy, and provide them all relevant facts in GEOS’ possession; and, v) provide updates of location coordinates as available to the identified emergency responder.  Upon contacting the emergency responder(s) and/or , as appropriate, the Embassy, and informing them of all relevant facts , SPOT and GEOS are released from all further legal responsibility and/or obligation to take any further action whatsoever.  Should GEOS have reasonable cause to believe that an emergency condition does not exist, GEOS reserves the right to solely contact the primary and secondary contacts identified by you.  

2.1.3    False SOS/911 Emergency Transmissions. You are solely responsible for any charges that may be assessed by emergency responders for either false SOS/911 emergency signals and/or in relation to search and rescue activities resulting from you or your authorized users transmission of a SOS/911 Emergency Signal.  Should you deliberately or negligently misuse the SOS/911 Emergency Service, the SOS/911 service provider, GEOS, reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse.  Negligent and deliberate misuse includes, but is not limited to, pressing the SOS/911 button to ‘see if it works’ or otherwise knowingly pressing the SOS/911 button when no emergency situation exists.  Should it be determined by Spot that you have deliberately or negligently misused the SOS/911 Emergency Service, Spot shall provide your credit card information on record to GEOS.  GEOS shall then, without further notice, bill your credit card the appropriate fee, calculated at a rate of US $345.00 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS/911 Emergency Signal event, and you shall be responsible to pay any such fee.  If you purchase the optional Search and Rescue Service, such Search and Rescue services shall be subject to the terms of your separate agreement with GEOS, located at http://www.geosalliance.com/sar/.

2.2    Type & Send Messaging:  Type & Send Messaging is available to SPOT users that have a PN-60w with SPOT Communicator.  Type & Send Messages are  up to 40 character custom SOS, Help, Check-in/OK text messages which can be transmitted to a Contact Group designated by you.  Designated Contact Groups may include your personal contacts, the SOS Monitoring Provider GEOS, and /or social networking sites such as Twitter, Facebook, SPOTadventures.com  or GEOchacing.com.  You are solely responsible for any data or content that you send via Type & Send Messaging, including any consequences of such messaging.  Type & Send Messaging is subject to provisions of the Section  9.4 Content License From You.  Type & Send Messaging is available in two different ways: 1) on a per message pricing plan; or, 2) an annual bundled message pricing plan.   You may also select ‘auto renew’ for any bundled messaging plan, in which case your bundle will only auto renew when your account gets to 10 or less messages available.    Bundled messages must be used by the renewal date.   You can have more than one Type & Send bundle per device, but  you may only select one plan to auto renew.   Note: Type & Send Messaging is not available to SMS recipients outside of North America.

2.3                  Track Progress Service.  Should you choose to purchase the optional Track Progress Service, you may use the Track Progress Service in compliance with the SPOT User’s Guide and its normal message transmission schedule as often as you wish provided that such use is for your personal, recreational, non-commercial use or authorized commercial use.  Unauthorized commercial use will result in additional charges of up to $0.25 US / €0.30 Euro per data transmission.  You may not use the Track Progress Service for the tracking of assets and/or personnel.

2.4    SPOT Assist Services.  SPOT Assist services may also be available in your region.  Please see Sections 10 through 14 to see if this is available.  You may either have Help Friends or Family or Help SPOT Assist, but not both.   If you subscribe to SPOT Assist, you will not have access to your Help Friends and Family contacts.  In addition, SPOT Assist services are available to assist you with non-emergency situations.  If you have an emergency where you are seriously injured or your life is threatened, including due to the threat of prolonged exposure, you should utilize your SOS/911 button to request emergency assistance.

2.5    Search and Rescue Membership Provided by GEOS.  Should you choose to purchase the optional Search and Rescue Service (“SAR”) provided by GEOS, such contract will be directly between you and GEOS.  SPOT is not a party and in no way liable to you for any damages or claims that may arise in connection with such optional Search and Rescue Service.  The terms and conditions are located at: http://www.geosalliance.com/sar/.   The optional GEOS Private Search and Rescue Membership is billed on an annual basis, and is dedicated to the primary registered user.  The scope of GEOS SAR benefits includes payment, by GEOS, of up to $100,000 in any one year, limited to $50,000 for any one incident, for the provision of necessary additional Search and Rescue resources (including helicopter and private search teams etc.) up to the single incident limit for a period not exceeding 72 hours from the time of call for assistance, where these are requested by the appropriate rescue authorities, and which are necessary to prevent injury or illness or danger to human life as a result of an unforeseeable emergency or to pay for any costs and expenses claimed against you by the appropriate rescue authorities.  Provision of additional resources under this service must be first authorized by GEOS.   GEOS has contracted with a major insurance underwriter to underwrite this policy.  This benefit does not apply if: the claim is in relation to any of the following: a) circumstances which could have reasonably been anticipated at the date the trip began, e.g. forecast of adverse weather conditions; b) an emergency caused by inadequate provision or training or competence needed to complete the planned trip; c) cost incurred due to a pre-existing or chronic condition or mental disorder of the member including self-harm or suicide attempt; d) emergency caused by any natural climate disaster; e) any cost incurred to emergency arising from riots, civil unrest or conflict including civil wars or kidnaps or any Biological, Nuclear or Chemical events; f) any costs arising from the crash of any private aircraft or any aircraft that has not been authorised as an airline by the relevant Aviation Authority; g) cost incurred by any member participating in any war or military action; h) costs arising from any illegal use of a weapon; i) accidents arising from sky diving without a qualified guide or sky surfing with or without a motor vehicle; j) where any accident, injury or illness arises from the use of drugs or alcohol; k) costs covered by any other insurance policy of your own or; l) for any incident caused by a third party where costs can be recovered from that third party.    In the case of death of the Member, GEOS will not be responsible for the transportation of the body.   GEOS will endeavor to arrange a successful rescue but cannot accept liability for failed rescues due to unforeseen circumstances beyond their control.  Additional Search and Rescue memberships maybe purchased directly from GEOS if more than one family member may use the unit, see pricing and terms and conditions at http://www.geosalliance.com/sar_multiple_family.html.  Corporate Search and Rescue memberships may also be purchased directly from GEOS if more than one employee may use a unit, see pricing and terms and conditions at http://www.geosalliance.com/sar_multiple_corporate.html.   Commercial users that are offering the SPOT for rent and/or lease may contact GEOS at questions@geosalliance.com to obtain information and pricing for provision of the Search and Rescue memberships to your customers.  This membership benefit relates to the search and rescue related and/or extraction related costs and does not cover medical expenses.  You must following all claims procedures and provide the insurance underwriters with any reasonably requested documentation.  The insurance underwriters may require you to first submit any helicopter extraction and ambulance claims to your medical insurance and second to GEOS along with your Explanation of Benefits from your medical insurer. Coverage extends to North America, Canada, the European Union and Australia, and will only be provided to other geographic locations subject to acceptance by the GEOS underwriters in writing, which will be provided after the application has been made.  If an additional geographic location is refused by the GEOS underwriters, than all premiums paid will be refunded.  The following geographic locations are expressly excluded: North, Central or West Africa, the  Middle East, including Iraq Iran and Afghanistan, and Russia.  The cover will not extend if the Rescue Service is provided by official Government, Police, Fire or Red Cross organizations.  Pricing varies by region, please see the pricing specified for your region at the time of service activation   The GEOS Membership Search and Rescue benefit is for any additional costs incurred or those costs not covered by existing medical or travel cover.  Claims should be made direct through the GEOS Members web site which can be accessed using the user name and password provided to you for access to the GEOS Members site.  All claims are dealt with by the GEOS Underwriters at Lloyds of London.  To support claims the member must provide a signed Release for the disclosure to GEOS by the medical aid provider of all medical services, and treatment, provided in relation to the incident and full details of any other Insurance cover held.  The member must first claim against their existing Medical, Travel or other Insurance. All claims for reimbursement under the Members SAR Benefit are dealt with by the GEOS Underwriters and their decision is final. NOTE:  The GEOS International Emergency Response Coordination Center (IERCC) will not refuse to call out additional emergency response services when advised by first responders such additional services will be necessary. In such cases where a Member activates their 911 signal for an emergency and it later transpires that the additional rescue service was not required or covered by the terms and conditions of the Search and Rescue Benefit cover, the member will be liable for the whole cost.

2.6    SPOT Adventures. As a SPOT subscriber you may also register/have registered for Spot's social networking site www.spotadventures.com.  Please see the SPOT Adventures Terms and Conditions contained in the FAQSs of www.findmespot.com for full information and the terms and conditions which apply to your use of Spot Adventures.

2.7    SPOT Shared Pages.  You may also choose to display your messages and waypoints via the SPOT Shared Pages.  SPOT Shared Pages MAY NOT be used as way to commercially track assets and personnel.  If you choose to display your messages via the SPOT Shared Pages, you may set the level of privacy (either by limiting access to those that you specify or by making the SPOT shared page public and visible to all).  If you do not agree with these privacy terms, do not use the SPOT Shared Pages.

2.8    SPOT Equipment Replacement Program.  Please see the SPOT Equipment Replacement Program Extended Limited Warranty or Service Contract for the applicable terms and condition.  Pricing and terms may vary by region.

2.9    SPOT Linkage Fee.  The SPOT linkage fee is applied to optional services that require SPOT to transmit messages from your SPOT to an external service provider, such as the GEOS SAR Membership, SPOT Assist roadside and/or SPOT Assist maritime (“Linkage Fee”).  Services vary by region.  The Linkage Fee may be charged separate from the associated service or may be bundled within the total cost of the associated service.  The Linkage Fee is a flat charge that is not pro-rated.  The SPOT Linkage will continue to be charged with each renewal unless canceled by you in accordance with section 3.4.  If you did not purchase the associated external service from SPOT, then it is your responsibility to ensure that your external service is current and active. This linkage fee is a flat, non-refundable charge, and shall not be pro-rated should you subscribe to or terminate your service mid-term.

2.10   Additional Services.  Additional bundled and optional services may be added to your Basic Service or Bundled Service Plan.  Varying services are available by region, such as SPOTassist services and Premium SMS services.  Please check Sections 10 through 14 below to see what optional services are available in your region.

3.    PLAN.

Your Service Plan consists of the SPOT Basic Service and any bundles or optional services selected by you either when you activate your SPOT or any that you may add during your Term (“Plan” or “Service Plan”).

3.1    Term.  You agree to remain as a subscriber for the minimum period stated in your Service Plan Term, or if no Term is specifically stated in your Plan, for a Term of twelve (12) months starting on the date of Service activation.  Available plan terms may include:  a yearly term with prepayment in full, a yearly term with prepayment prior to each service month or a multi-year term with prepayment in full.   

3.2    Renewal.  All Plans automatically renew at the end of their Term for an additional one (1) year Term    unless you cancel by notifying SPOT as provided in Section 3.4.  Where required by law, Spot will provide you with advance notice of the renewal of your Plan.  All Service plans are pre paid plans.  

3.3    Non-Refundable.  Pre-paid Plan fees are non-refundable unless SPOT cancels the Service, in which event you will receive a pro rata refund for airtime for the unused portion of the PlanPre-paid Plans may not be transferred to a third-party account, however, upon your request, they may be transferred to another SPOT within your own account.

3.4    Cancellation.  To cancel your Service Plan, you must notify SPOT in writing within thirty (30) days of the end of your Service Plan’s Term, or within thirty (30) days of SPOT posting a change to this Agreement which you do not accept.   You must email your notice of cancellation to customerservice@findmespot.com and provide your name, your address and the ESN from the SPOT for which you want to cancel service (located in the battery compartment, under the battery of your SPOT). You may call our customer service center at SPOT at 1-866-OK1-SPOT (651-7768) to cancel or if you have questions. You still must confirm in writing by sending an e-mail to customerservice@findmespot.com.

3.5    Changes to your Services.  You agree that we or our suppliers (including Globalstar. GEOS, Google Maps™,  Global Motion Media, Nation Safe Drivers, Boat U.S.) may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Services or the SPOT, including compatibility issues with the SPOT, as a result of such changes.

3.6    Termination by Spot.  You agree that we may terminate this Agreement and the provision of Services to you at any time without notice or liability to you if you are in breach of this Agreement.   

 

3.7                  Additional Charges.  Your cellphone service provider and/or internet provider may charge you or your recipients additional fees in relation to any SMS / MMS messages, Geo-caching messages, social connectivity messages and/or other e-mails and/or data (collectively “data plan fees”) sent by you.  Please familiarize yourself with any such applicable plans, services and associated fees before using your SPOT product.  You are responsible for any such applicable charges and fees. 

4.    PAYMENT.

4.1    Timely Payments.  You agree to pay, on time, any applicable activation, for your Service Plan, usage, cancellation, and disconnection fees, plus any applicable taxes, as provided in your Plan.  Since your plan will renew automatically at the end of each term, Spot will bill your credit card at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of your Plan.  The applicable currency for your region is specified in Sections 10 through 14.  This bill is due and payable in the currency specified in your Plan.  If your plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance.   

4.2    Late Payments.  You agree to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if your bill is not paid within ten (10) days after the due date.  This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements.  You agree to pay Spot all of Spot’s collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Spot in exercising any of its rights under this Agreement.  Spot may suspend Service in the event of late payment.  If it does so, Spot may charge a reactivation fee (currently $50.00 US / € 30.00 Euro) for each suspended SPOT.

4.3    Promotions.  If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion.  You agree to the terms of the promotion, including any time limitations, and you agree to provide your credit card information for any additional services and to extend your Service beyond the promotional period.

4.4    Data Transmission / No Credits.   Spot will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission.  Regardless of whether a data transmission is successful, no refunds will be given.  In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions.  Dropped data transmissions, regardless of whether “SOS/911,” “Help or SPOT Assist,” “OK/Check In.”, “Custom Message”, “Track Progress.” or other data transmission, will not be credited regardless of cause.  Nor shall Spot be liable for any damages that may result from such dropped data transmission, including dropped or delayed SMS message(s) or e-mail(s) to your contacts on your message profiles, failure of Google Maps™ display and/or dropped or delayed SOS/911 Emergency Signals.

4.5    Taxes.  Your Plan price for the Service does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service.  You are required to pay these taxes.  

4.6    Credit Approval / Credit Card Trial Authorization.  Initiation or continuation of Service is subject to credit approval by Spot and requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card.  Credit cards from outside of the United States and/or Canada will be accepted only after verification with the issuing bank.  If you are a customer whose billing address is located outside of the United States or Canada or a customer without established credit, SPOT may not allow you to participate in a Plan with Monthly pre-payment.  Instead, Spot may require that you prepay the first full year.  Verification of credit cards issued by banks outside of the United States or Canada may delay order processing.  Spot may decline any credit card transaction. Spot may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the Service. By authorizing Spot to charge a credit card trial authorization for the fees associated with your subscription, you are authorizing Spot to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Spot of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Spot, or any other company that acts as a billing agent for Spot, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. This authorization amount is typically the equivalent to ten (10) cents. It is not a charge but may appear to reduce your available balance by the authorization amount until your card’s next billing cycle. Please contact your card issuer if you have additional questions regarding when this amount will be removed from your statement.

4.7    Credit Card Authorization.   BY AUTHORIZING SPOT LLC TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT SPOT ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE SERVICE PLAN, OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT SPOT REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS.  further, you authorize SPOT, LLC OR THE AFFILIATE COMPANY IDENTIFIED FOR YOUR REGION IN SECTIONS 10 through 14 TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICE PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICE IN ACCORDANCE WITH SECTION 3.4.

4.8    E-commerce Purchases.  If you purchased your SPOT and/or SPOT Service certificates at http://www.findmespot.com, the Spot e-commerce cart provided you with as estimate of the approximate charges based on the SPOT(s) and/or accessories purchased.  However, the taxes you will be/have been charged are the actual taxes applicable for your location based on the SPOT(s) and/or accessories purchased.   Spot will post this actual tax amount, which may be more or less than the estimated taxes, to your account.  

4.9    Returns.  Should you need information on how to return unopened SPOT and/or accessories purchased from http://www.findmespot.com and/or unused service certificates, please see the FAQ section of www.findmespot.com for full information on returns and shipping, as well as general information.

5.     LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.

5.1 Limited Warranty for the Product.  THE LIMITED WARRANTY ACCOMPANYING YOUR SPOT PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR SPOT PRODUCT.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.  The terms and conditions of the applicable Limited Warranty for your SPOT product may be updated by Spot LLC at anytime and without notice.  If there is any conflict between the terms contained in this Agreement and the terms contained at www.findmespot.com/warranty, than the terms contained at www.findmespot.com /warranty shall supercede and replace the terms contained in this Agreement. 

5.2. Disclaimer of Warranty for the Service and Software.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE SERVICE AND ANY ASSOCIATED SOFTWARE ARE PROVIDED ‘AS IS’ AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICE AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.  SPOT GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR SPOTASSIST HELP TRANSMISSIONS.  SPOT LLC MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.  THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, , AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.    SPOT GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICE OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SPOT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS/911 EMERGENCY SIGNALS AND/OR SPOTASSIST HELP TRANSMISSIONS.

6.        LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT AND ITS SERVICE PROVIDERS, INCLUDING GLOBALSTAR, GEOS, DELORME, GOOGLE MAPS™, NATION SAFE DRIVER, BOAT U.S., GLOBAL MOTION MEDIA AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THIS SERVICE (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICE. SPOT AND ITS SERVICE PROVIDERS, INCLUDING GLOBALSTAR, GEOS, GOOGLE MAPS™, NATION SAFE DRIVER, BOAT U.S.,, GLOBAL MOTION MEDIA AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGIENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEM, THIS SERVICE OR THE SOS/911 EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS, INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:

6.1    MATTERS OUTSIDE OF SPOT’S OR ITS SERVICE PROVIDERS, INCLUDING GLOBALSTAR, GEOS, DELORME, GOOGLE MAPS™, NATION SAFE DRIVER, GLOBAL MOTION MEDIA AND THEIR AFFILIATES REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR

6.2    FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR

6.3    FAILURE, DELAY OR INACCURACY OF THE SPOT PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS/911 EMERGENCY SIGNAL(S), SPOTASSIST TRANSMISSIONS, AND/OR LOCATION COORDINATES, TO THE GLOBALSTAR SATELLITE SYSTEM; OR

6.4    FAILURE OF OR DELAY IN THE GLOBALSTAR SATELLITE SYSTEM AND/OR GROUND STATIONS TO  PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS/911 EMERGENCY SIGNAL(S), SPOTASSIST HELP TRANSMISSIONS, LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND/OR GOOGLE MAPS™ DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR IERCC AS APPROPRIATE; OR

6.5    FAILURE OF OR DELAY IN YOUR E-MAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS/911 EMERGENCY SIGNAL(S), OR FAILURE OR DELAY OF THE SPOTASSIST PROVIDER (NATION SAFE DRIVERS AND/OR BOAT U.S.) IN RESPONDING TO THE SPOTASSIST HELP TRANSMISSION.

6.6    FAILURE OR OF DELAY IN THE DELORME PN-60w PRODUCT TO TRANSMIT ANY SPOT MESSAGE(S) TO THE SPOT COMMUNICATOR.

 

6.7             FAILURE OF OR DELAY ON BEHALF OF THE SPOT SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, GEOS, GOOGLE MAPS, NATION SAFE DRIVER, BOAT U.S., AND/OR GLOBAL MOTION MEDIA, TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED.

6.7    IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF SPOT AND ITS SERVICE PROVIDERS, INCLUDING GLOBALSTAR, GEOS, DELORME,  GOOGLE MAPS, NATION SAFE DRIVER, BOAT U.S., GLOBAL MOTION MEDIA AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY YOU.

6.8     THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

7.    YOUR PRODUCT.

7.1                  Your Product. The SPOT products, including the SPOT Satellite Tracker™ (trademark pending),  SPOT Satellite GPS Messenger™ (trademark pending), and the SPOT Communicator™ (trademark pending), are .manufactured in China for Spot LLC, headquartered at 461 South Milpitas Boulevard, Milpitas, California 95035.  NOTE: Currently, satellite service on the DeLorme PN-60w with SPOT Communicator can only be activated in the United States or Canada. You must activate your SPOT service with a credit card having a United States or Canadian billing address.

 

7.2                  Copyrights, Intellectual Property, Patents and Documentation.  © Spot LLC.  All rights reserved.  The SPOT Satellite Tracker™ (trademark pending), SPOT Satellite GPS Messenger™ (trademark pending),  SPOT Satellite Communicator™ (trademark pending), SPOT Communicator™ (trademark pending), Type and Send™ (trademark pending), Type & Send™ (trademark pending), and related trademarks, names and logos are the property of Spot LLC and are registered and/or used in the U.S. and countries around the world.  DeLorme and the DeLorme PN60w are the copyrights of DeLorme.  GoogleMaps is a trademark of Google Inc.  Geocache is a trademark of Groundspeak, Inc.  Facebook, Twitter and all other trademarks are the property of their respective owners.    The SPOT Products and/or associated software are protected by copyright, international treaties, and various patents, including the patents listed inside the battery compartment of your SPOT Product.  Visit www.findmespot.com for a full list of the applicable patents.  [I can’t find where on the website the patents are listed.  The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at www.findmespot.com, is provided ‘AS IS’ and ‘AS AVAILABLE’ and without condition, endorsement, representation or warranty of any kind by Spot LLC or its Affiliates.  Spot LLC assumes no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation.  In order to protect Spot LLC intellectual property, this documentation may describe some aspects of Spot LLC intellectual property in general terms.  Spot LLC reserves the ability to amend this documentation from time to time without notice to you; however, Spot LLC makes no commitment to provide any such changes, updates, additions, enhancements or other amendments to the documentation to you in a timely manner or at all.

 

7.3 Legal Notices and End User License Agreement.  If you have a DeLorme PN-60w with SPOT Communicator, than Your Product is also subject to the Legal Notices and End User License Agreement which can be found at www.findmespot.com.  

7.4                    Support and Customer Service.  You can find more information about your SPOT Product and the associated Service at www.findmespot.com or by contacting SPOT Customer Service at   customerservice@findmespot.com or via phone at: 866-OK1-SPOT (651-7768).   If you have a DeLorme PN-60w with SPOT Communicator, please contact DeLorme Customer Service for questions regarding the operation of your DeLorme PN60w (DeLorme Technical Support:  visit support.delorme.com  for support including access to the DeLorme Technical Support Knowledge Base and  FAQs.   If you cannot find an answer to your problem on the site, please call 207-846-8900 to speak to a Technical Support representative).   

8.    YOUR OBLIGATIONS.

8.1    Familiarization with your SPOT.  You will familizarize yourself with the operation of your SPOT, including reading your SPOT User’s Guide.  You agree you will use the SPOT only in accordance with those instructions. Spot strongly recommends that you also view the SPOT Starter Video available on www.findmespot.com, the FAQs available on www.findmespot.com and practice properly using your SPOT by sending test messages and fixing your GPS coordinates as described in the following Notes.  

Notes:

(1) To send a test message, input your own cellphone (if you have text capability) or e-mail into your OK/Check contact list.  To send the test message: 1) Press the ON/OFF button, 2) Wait 2 seconds, 3) Press OK, 4) Wait until the LED above the OK button goes off (can be up to 20 minutes).  Verify that your cellphone and/or e-mail receives the OK message.  If you did not receive the test message, follow the instructions in your User’s Guide and experiment with different placement of your SPOT.  Repeat steps 1-4) until you receive reliable results.  Test messages allow for you to evaluate your entire messaging system, from the operational condition of the SPOT to the readiness of those you’ve chosen to notify of your messages.  If the LED above the ‘On/Off’ button blinks RED every second, your battery is running low and should be changed.

(2) If you have the SPOT Satellite Personal Tracker, your device needs to download the GPS almanac in order to obtain your GPS location.  Due to the nature of the GPS system, you will need to get a GPS fix the first time you use your unit, after more than two weeks, anytime you change your batteries and anytime you travel more than 600 miles. It is strongly recommended that you do this at the start of each usage session.  It can take up to 20 minutes to obtain a GPS fix.  The easy way to accomplish this is to turn your SPOT Satellite GPS Messenger ‘ON’, wait 2 seconds, and then press ‘OK’ and wait until the LED above the ‘OK’ button goes out – this allows the unit time to acquire the GPS fix.  While unlikely, it is possible that a GPS fix won’t be acquired if you only use other functions (Track Progress, HELP and SOS/911) due to the transmission burst cycle.    
(3) Important Tips.  SPOT needs a clear view of the sky to obtain a GPS signal and provide the most accurate location information.  It is not reliable indoors, in a cave, or in very dense woods,   Orienting SPOT so that the SPOT logo is facing up toward the sky will improve performance as the antenna is located under the logo, and you should keep your SPOT at least 12 inches away from other GPS devices.
(4) Message Schedule.  SPOT had redundancy built in to ensure more of your messages are transmitted.  It is normal for some SPOT messages to get blocked as in everyday conditions, the view of the sky is often blocked due to hills, buildings, or other obstructions.  This is why SPOT automatically sends multiple messages in every mode, giving you excellent overall reliability.  In some modes this means multiple attempts to send the same message, while in other modes it means regularly updating GPS coordinates and sending a new message.  Placement of your SPOT unit can make a difference. Experiment with placement until you are familiar with the reliability of your operating environment.
8.2    Personal Use.  Generally your Plan is for personal, recreational or non-commercial use only.  This means that generally you may not sell, rent, lease or otherwise charge for the SPOT and/or Service or any information or services associated with or derived from the SPOT and/or Service.  The only exceptions are the approved commercial uses described in Section 7.4 herein, and pursuant to the restrictions in Section 7.5 and 7.6 and additional obligations described in Section 7.7.  

8.3    Authorized Commercial Use.  In addition, to your non-commercial use, Spot has approved the following commercial uses under your Plan: 1) rental andor provision of the SPOT and/or Service where the end customer is using the messenger for his or her personal, recreational and non-commercial use; or, 2) lone worker applications where the SPOT Satellite and/or Service is being used by individual workers for their personal use; or, 3) mass activations by companies and/or organizations in which each user is using the device for his or her personal use.  If you engage in a permitted commercial use, you agree to maintain adequate liability insurance and to indemnify Spot against any claims, loss or damages caused or incurred by your authorized users. In addition to these authorized commercial uses, Spot may approve additional uses on a case-by-case basis.  Separate price plans may apply.  Please contact Spot at: 1-866-OK1-SPOT (651-7768) or customerservice@findmespot.com should you wish to utilize your SPOT for a commercial use.

8.4      Restriction Prohibiting Tracking of Personnel and/or Assets.   SPOT may not be used at any time or under any circumstances for the commercial tracking of personnel or assets.  Tracking of assets or personnel is not allowed pursuant to SPOT’s license with Google Maps™.  Unauthorized commercial use will result in additional charges of up to US $0.25 / € 0.20 per data transmission.  Spot may also immediately terminate your Service without refund.

8.5    Misuse.  You agree that you will not use the Services or the SPOT (1) to abuse or misuse the SOS/911 Emergency Services, (2) to abuse or misuse the SPOTassist Services; (3) to utilize your SPOT for the commercial tracking of assets and/or personnel (4) to send messages that are offensive, defamatory, abusive or obscene or intended to harass (5) for any purpose in violation of law, (4) in any manner that infringes or misappropriates third party rights, or (6) in any manner which overloads or unreasonably interferes with the Services or the Systems.  You agree to use the Services only with the SPOT and not to use any other equipment in connection with the Services unless expressly approved by Spot.  Failure to adhere to these restrictions may result in termination of this Agreement by Spot.

8.6    Authorized Users.  You are solely responsible, and assume any liability, for any user authorized by you to utilize the SPOT and/or Service.  In addition, you agree to pass usage instructions and service plan terms and conditions to all of your authorized users.  Some optional SPOT services such as the GEOS SAR benefit are only available to the primary, registered user.  You must carefully read the applicable terms for any such Optional/Bundled Service to see if restrictions apply.

8.7    Indemnity for Lost, Stolen or Destroyed SPOT(s).  You are responsible for and will indemnify Spot for all damages, losses, costs and expenses and any action, claim or judgment which may be made against Spot by anyone in connection with your use or misuse of the SPOT, the Services or your violation of this Agreement.  You are responsible for use by anyone else of your SPOT, and you will immediately contact Spot at: 1-866-0K1-SPOT (651-7768) or customerservice@findmespot.com if your SPOT is lost, stolen or destroyed.  You are responsible for the cost of replacing it and for all fees and charges incurred before you notify us and for two hours thereafter. 

 

9.    SPOT User Account, Websites

 

9.1     SPOT Websites.  Your use of the SPOT websites, including the SPOT Shared Pages, www.findmespot.com and www.spotadventures.com and your SPOT user account and/or any microsite applicable to your region, including the use of the  SMS,  e-mail messages or Google Maps™ features, is governed by the terms and conditions of use contained on each such  website, including the terms and conditions governing your use of the embedded Google Maps™ software as specified http://maps.google.com/help/terms_maps.html and the General Public License governing the use of the embedded open source software.  Please note that the Google Maps™ license terms do not allow for you to utilize Google Maps™ to display the messages/waypoints if the intended use is for the commercial tracking of personnel and assets.

9.2     Complete and Accurate Information.  You acknowledge and accept that the information required in your SPOT user account, including your Registration Data, contact information, designated contacts, social connectivity settings, supported SPOT Service options and pre-programmed messages, is essential for proper provision of the Service.  You accordingly certify that the information supplied by you is accurate in all respects.  It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date.  Changing your address from one country to another country (for example from the US to Canada) may require service level changes and might incur additional charges on your account.  When composing SPOT messages, you acknowledge and agree that it is your sole responsibility to ensure that you select the intended designated contact from your available contacts and are satisfied with the content of your SPOT message prior to sending it. Please contact customer care for assistance.

 

9.3 Synchronization of Data.   If you have a DeLorme PN-60w with SPOT Communicator, you acknowledge that it is your sole responsibility to ensure that you have followed the synchronization process outlined in your User Guide to export any updates and/or changes to your SPOT Registration Data, contact information, designated contacts, social connectivity settings, supported SPOT Service options and pre-programmed messages from your SPOT account to your DeLorme PN60w.

 

9.4 Content License from You.  You agree that you are solely responsible for (and that Spot LLC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and any associated software and for the consequences of your actions by doing so.  You acknowledge that the SPOT messages may include your location information.  You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Software and/or Service.  You acknowledge and agree that by submitting, posting or displaying the content you give Spot LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service and any associated software.  Furthermore, you agree that this license includes a right for Spot LLC to make such Content available to other companies, organizations or individuals as required for the provision of Service, including any www,geocaching.com and/or any social connectivity sites designated by you.  In order to provide the Service, Spot may be required to transmit or distribute your content over various public networks and in various media.  Spot LLC may also be required to make changes to your Content if so required by the technical requirements of connecting networks, devices, services or media.   

 

9.5 Third Party Licenses and Content.  If, as part of your use of the Service and any associated software. you download a piece of software, access software online, or purchase goods, which are provided by a third-party then your use of these other services, software or goods may be subject to separate terms between you and the third-party provider.  This third-party content may be protected by intellectual property rights which are owned by the third-party.  Any reference or links to any third-party content, does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Spot LLC or its licensors.  Third-party product and service information are the sole responsibility of each individual third-party vendor.  You hereby acknowledge that your SPOT messages sent via the Software may utilize Google Maps.  You agree to be bound by the  Google Maps API Terms of Use as listed at  http://www.google.com/intl/en_ALL/help/terms_local.html. In addition, it is possible that you may find some third-party content offensive, indecent or objectionable, and that, in this respect, you use the Services at your own risk.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of Spot. Spot neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized Spot employees acting in their official capacities. You understand and acknowledge that Spot is not responsible for and does not monitor third party content for accuracy or reliability.

9.6                  Web Browsers.  You must have a compatible web browser to access your SPOT user account via the internet at www.findmespot.com.   The following are compatible web browsers: FireFox 3, Internet Explorer 7 & 8, Safari 3 & 4.  It is possible that other browers such as Chrome 2.0 and Opera 9/10.0 will also work to access the www.findmespot.com website, and your user account, but compatibility is not assured.  Check the FAQ section of the www.findmespot.com website or contact SPOT Customer Care for the most recent list of compatible browsers.

9.7    Privacy, Data Protection.  SPOT is committed to maintaining your privacy.  In order to access the Service, you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Spot LLC will always be accurate, correct and up to date.  You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Software and Service. Accordingly, you agree that you will be solely responsible for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify Spot LLC.  SPOT will keep your personal data private and confidential, provided however that SPOT will provide such information to GEOS, the IERCC provider, and that GEOS may provide such information as required to emergency responders in the event that you or your authorized user triggers a SOS/911 Emergency Signal, including your name, registration information, location and message history.  SPOT may also provide your information to any SPOT assist provider , such as Nation Safe Drivers and/or Boat U.S., that is required for the SPOT assist provider to provide your service, including your name, registration information, location and message history.  SPOT may also provide information regarding your data transmissions to your immediate family members and/or emergency responders should it be reasonably determined that an emergency may exist.  SPOT may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as SPOT User demographic data or SPOT usage data for marketing, advertising or other business purposes.  SPOT may collect information about your transmissions, including location, to monitor service quality; however, SPOT will not monitor the content of your Type & Send, pre-programmed SMS and/or e-mail messages to your Contacts.  Under the Shared Page feature, SPOT may provide your tracking messages per your selections.  SPOT may provide your billing information to its parent company and subsidiaries if required for provision of the Service, or to a credit bureau in order to determine your credit-worthiness, or to a collection agency should your account become past due, or to GEOS, the SOS/911 Emergency Service Provider, in the event that you deliberately or negligently misuse the SOS/911 Emergency Service.  With the exception of information provided to GEOS, aggregated information, and/or billing information, SPOT will not sell or otherwise pass your personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if we consider it necessary to do so to prevent risk of death or serious personal injury to you or others.  There are no other circumstances under which we will provide or sell personal information to third parties.  You consent to the foregoing collection, use and disclosure of your personal information and to our collection, use and disclosure of your personal information as set out in this section. SPOT may also have separate privacy policies regarding the handling of your data for, Spot’s bundled services as stated in the applicable terms and conditions regarding each such SPOT bundled service. Please refer to here to see these other privacy policies, including the privacy policy applicable to the www.findmespot.com website and the privacy policy applicable to www.spotadventures.com.

9.8    Third Party Content.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties and other users on SPOT Shared Pages, http://www.findmespot.com and/or http://www.spotadventures.com are those of the respective authors and not of Spot. Spot neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Web Site by anyone other than authorized Spot employees acting in their official capacities. You understand and acknowledge that Spot is not responsible for and does not monitor third party content for accuracy or reliability.

10.    GENERAL

10.1                  Commercial Items / US Government Restricted Rights.  The SPOT product, any associated software and/or documentation have been developed entirely with private funds. The use of the SPOT product and any associated software and related documentation by any entity of the Unites States Government is restricted by the terms of this Agreement.  The SPOT product, any associated software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights reserved under the copyright laws of the United States.

 

10.2 Export Restrictions.  The SPOT product and any associated software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations, including the  restrictions on destinations, end users, and end use.  You agree not to export or re-export the SPOT product and any associated software to any country in violation of the export control laws of the United States of America.  The SPOT product and any associated software may not be exported or re-exported into any U.S. embargoed countries or  to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SPOT product, Service and any associated software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

10.3 Indemnity.  To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Spot LLC and its affiliates, licensors and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with your use of the SPOT product, Service and any associated software.

10.4    Governing Law.  Unless otherwise specified in Sections 10 through 14, this Agreement is governed by the laws of the State of Delaware without giving effect to conflicts of laws principles.  

10.5    Official Language.  The parties expressly request that this Agreement and any document related thereto be drafted in the English language.  / Les parties requièrent expressément que le présent contrat et tous les documents y afférents soient rédigés en langue anglaise.  (French) / Los partidos expreso piden que este acuerdo y relativo al documento además estén elaborados en la lengua inglesa. (Spanish) / Die Parteien fordern ausdrücklich, dass diese Vereinbarung und irgendwie dokumentabhängige dazu in der englischen Sprache gezeichnet werden. (German) / I partiti espressamente chiedono che questi accordo ed affatto inerente ai documenti a ciò be sono disegnati nella lingua inglese (Italian)  / Os partidos pedem expressa que estes acordo e relativo ao documento estejam esboçados a isso na língua inglesa. (Portuguese) /  De partijen verzoeken uitdrukkelijk om dat deze daaraan verwante Overeenkomst en om het even welk document in Engelstalig worden opgesteld. (Dutch) / Τα συμβαλλόμενα μέρη ρητώς ζητούν να συνταχθούν αυτή η συμφωνία και οποιοδήποτε έγγραφο σχετικές επιπλέον στη αγγλική γλώσσα.(Greek).  / 党は明白にこの一致および文書が英語でそれに起草されるように関連しているように要求する。(Japanese) / 당은 급행으로 이 계약 및 어떤 문서든지 영어에서 다시 설계도가 그려진ㄴ다는 것을 관련되었다는 것을 요구한다. (Korean) /  Партии курьерски спрашивают, чтобы это согласование и любой документ отнесли к тому были начерчены в английском языке. (Russian)  If you have been provided with a translation of the English language version of the Terms this was done for your convenience only.  You agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Spot.  If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

10.6.    Notices.  
Except as specified in Sections 10 through 14, all legal notices to SPOT must be sent to: notices@findmespot.com or to Spot LLC, 461 South Milpitas Blvd., Suite 2, Milpitas, CA 95035, Attn: Contracts.   For questions or concerns, please contact SPOT at: customerservice@findmespot.com or 1-866-OK1-SPOT (651-7768).

10.7    Entire Agreement.  This Agreement (including the Plan, the General Terms and any addenda included with the General Terms) constitutes the entire agreement between the Parties with respect to the subject matter hereof.   Any headings are provided for convenience only.  

10.8    No Waiver, Survival.   The failure of Spot to exercise or enforce any right under this Agreement shall not constitute a waiver of such right.  All rights and remedies granted to Spot are cumulative and not alternate.  If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one.  Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.  

10.9    Assignment.  You may not assign this Agreement or any of your rights or obligations hereunder, but Spot may assign this Agreement and any of its rights and obligations hereunder.  This agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.

11.    ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN THE UNITED STATES.

This language applies to customers whose billing address is located within the United States of America.  Your service shall be billed in United States Dollars.  In addition to the Services listed in Section 2, the following optional services are also available in your region:

11.1    SPOT ASSIST NSD Roadside Assistance.  Should you choose to purchase the optional SPOT Assist NSD roadside assistance service, the terms of this section apply to you.   SPOT Assist roadside assistance is provided by Nation Safe Drivers (NSD).   If you select SPOT Assist, any HELP messages will go to NSD.  You will not be able to end Help messages to Friends and Family.   The roadside assistance plan you selected specifies the coverage area, type of roadside assistance provided and number of covered events.  If you request roadside assistance via the HELP button on your SPOT Product, your membership will be automatically verified by NSD. Only the Primary Subscriber of Record for your SPOT Product is able to request roadside assistance via the toll-free Number.  If not able to verify eligibility, the NSD dispatcher has discretion to still dispatching roadside assistance. In this event, you will have to pay for the cost of the service.  After the specified number of roadside events, a tow truck will be dispatched but you will be responsible for any required payments. SERVICE LIMITATIONS AND EXCLUSIONS: You must be with your vehicle when the service provider arrives, as they cannot service an unattended vehicle.  Your vehicle must be within 300 meters of the first GPS location transmitted by the SPOT Product.  Your vehicle must be within 100 meters of a regularly maintained roadway. The NSD roadside assistance is not offered in roadless areas regularly not traveled, such as vacant lots, beaches, open fields or other places which are hazardous for tow trucks to reach.  Response times are normally under two (2) hours but can vary depending on the remoteness of your location, the weather and current towing call volume.  During natural disasters or other area-wide emergencies, the local authorities (not NSD) will prioritize all towing calls.  If for some reason, NSD does not provide service for which you were eligible and you incurred a roadside service related expense, you may submit the expense to NSD for reimbursement in accordance with their procedures and reimbursement guidelines.  You must follow the GPS fix instructions in the SPOT User’s Guide applicable to your SPOT.   Without a location, NSD is not able to dispatch roadside assistance. Please see http://www.findmespot.com/assist for more important information about your service. IMPORTANT: Roadside Assistance is to be used only for roadside services, it is not to be considered an emergency response service. Roadside Assistance is not an automobile liability insurance contract, a warranty or a physical damage insurance contract.  Press SOS/911 if injured and if your life is in danger, including due to the risk of exposure or hypothermia.

11.2  SPOT Assist BoatUS Marine Assistance.  Should you choose to purchase the optional SPOT Assist Marine services offered through BoatUS, the terms of this section apply to you.   SPOT Assist Towing assistance is provided by BoatUS and its service providers.  If you select SPOT Assist, any HELP messages will be transmitted to BoatUS; and, you will not be able to send Help messages to Friends and Family.   The Boat U.S. Membership, On-Water Towing and Trailer Assist plan you selected (the “Towing Services”) specifies the coverage area, type of assistance provided, level of reimbursement/coverage provided and number of covered events.   All SPOT Services, including your access to the BoatUS Towing Services through your SPOT device, shall terminate at the end of the associated SPOT Service term.   If you subscribe to BoatUS Towing Services through your SPOT User Account, your BoatUS membership term will correspond with the BoatUS policies and shall terminate at the end of your term on the last day of the month in which you originally signed up for service.  BoatUS Towing Services are not pro-rated, so if you sign up for BoatUS Towing Service at a different time than your original contract date, you will have two separate renewal dates: 1) for your SPOT contract; and 2) for your BoatUS Towing Service.  As a convenience to our SPOT customers, SPOT shall auto-renew your SPOT Service and your BoatUS Towing Services at the end of the associated SPOT Service term.   SPOT shall continue to auto-renew both your SPOT Service and your BoatUS Towing Service until each is canceled in accordance with the SPOT cancellation policies. Any SPOT subscriber who wishes to link their SPOT to their BoatUS Towing Services, shall also be charged the Section 2.8 Linkage Fee.  IMPORTANT: BoatUS Towing Services are to be used only for On-Water Towing and Trailer Assist services.  They are not to be considered an emergency response service. BoatUS Towing Services are  not insurance, a guarantee of assistance or rescue, a contract, a warranty or a physical damage insurance contract.  Press SOS/911 if injured and if your life is in danger, including due to the risk of exposure or hypothermia.

11.2.1    BoatUS On-Water Towing.  The following Terms and Conditions apply to your On-Water Towing Services.  These Towing Services are applicable to On-Water Towing Services throughout the United States, Canada, Bahamas and Reimbursement Worldwide. BoatUS On-Water Towing Services provide a range of benefits and PAID SERVICES to an enrolled BoatUS Member in good standing, 24 hours a day, seven days a week.  PAID SERVICES include: Payment for towing BoatUS Member’s disabled boat from the point of breakdown at sea to port of choice; at sea battery jumpstarts; delivery of fuel, engine fluids and basic engine parts to avoid a tow, subject to availability; soft ungrounding assistance; and towing the disabled boat immediately after breakdown from a restricted use dock to the BoatUS Member’s homedock or repair facility. A restricted use dock is one from which BoatUS Member must move immediately, i.e. fuel or restaurant docks and docks without overnight facilities. Thirty days following initiation of, or upgrade to, Unlimited Gold Service Level, Paid Service includes payment of the cost to tow BoatUS Member’s boat from any dock or mooring to the BoatUS Members port of choice not to exceed a total towing distance of 25 miles. All other service levels (US $50, US $150 and Unlimited) include payment up to 50% of the cost to tow the BoatUS Member’s disabled boat from an unrestricted use dock or mooring, i.e. home docks or marinas, for the purpose of repairs, thirty days following Membership initiation or upgrade in service level. Paid Services apply to any recreational boat owned, borrowed or chartered by the BoatUS Member and includes 24 Hour Towing Dispatch Service.  Paid Services are available when using BoatUS Licensed Towing Companies (TowBoatUS® and Vessel Assist®) up to the SERVICE LEVEL on BoatUS Member’s card at the time of the breakdown or soft ungrounding. Service Levels include Paid Services up to US $50, US $150, UNLIMITED and UNLIMITED GOLD. UNLIMITED and Unlimited Gold Service Level Paid Services are provided for when the boat is disabled and towed within an UNLIMITED SERVICE AREA. An UNLIMITED SERVICE AREA is defined as at least 50 coastal miles (25 miles in any direction from a Licensed Company’s port). Extended UNLIMITED SERVICE AREAS, 30 miles or more offshore, are available in many locations and can be found online at BoatUS.com/towing or by calling the BoatUS Towing Department at 1-800-888-4869. RESTRICTIONS AND EXCLUSIONS TO PAID SERVICES. Paid Services apply per Incident. An Incident is an event or series of events arising from the same breakdown. BoatUS Member is responsible to pay expenses incurred in excess of Service Level active at the time of breakdown or soft grounding.  For non emergency assistance when a BoatUS Licensed Towing Company is not available, BoatUS Member must contact 24 Hour Dispatch via VHF relay or 800-391-4869 prior to accepting assistance from another towing company. Upon authorization, BoatUS Member is eligible for Paid Services up to US $125 per hour from breakdown location to the nearest repair facility and soft ungrounding up to US $10 per foot of boat length, up to BoatUS Member’s Service Level (US $2,500 for UNLIMITED and US $3,000 for UNLIMITED GOLD). If towing service is not available, BoatUS will contact a government agency. To receive reimbursement consideration, invoice must be submitted within 90 days.  In an emergency situation, BoatUS Member must contact Coast Guard or a government agency immediately.  Your Towing Service is not a promise of rescue and is restricted to Paid Services which can be provided with equipment immediately available to the towing company. Paid Services will be provided during normal boating season and within the safe parameters of the towing company capabilities, but will not be rendered when the disabled vessel cannot be safely or reasonably reached or secured and/or properly serviced without damage or danger to either vessel or persons. Your Towing Service is not an insurance policy and does not provide for liability or damages arising out of injury to persons, boats or property and may not be transferred or assigned to another party.  Your Towing Service becomes effective 11:59 PM on the day of payment and does not apply to: pre-existing conditions, including but not restricted to, towing after disabled vessel is pushed away from dock or mooring; battery jump starts, dive service, and fuel delivery at a dock; towing from a repair or storage facility, for seasonal haul out or routine maintenance (with the exception of the Unlimited Gold Service Level), or for storm preparation; salvage, including but not restricted to hard groundings, or assistance requiring more than one vessel, pumps, divers, airbags or other special equipment; the cost of fuel or supplies; charges for escort, navigation assistance, search for lost vessels, retrieving anchors or other equipment; charges to repair, haul, launch, commission, decommission, moor, dock or other marina charges; U.S. or Foreign Customs Fees; when the BoatUS Member is a guest or paid captain on any boat; any boat used for commercial purposes; Paid Services being paid for by another company.   The BoatUS Member is required to use care and diligence in the operation and maintenance of the boat.  BoatUS may, at its sole discretion, withdraw the BoatUS Member’s Service Level for abuses, including excessive use.  Your Towing Service expires concurrent with BoatUS Membership.  (v01/09)

11.2.2    BoatUS TRAILER ASSIST®. The following BoatUS Trailer Assist Service Terms and Conditions apply to your service.   BoatUS TRAILER ASSIST, for boat trailering breakdowns, provides a range of benefits to an enrolled BoatUS Member in good standing, 24 hours a day, seven days a week. Trailer Assist includes PAID SERVICES up to $50, included with BoatUS basic Membership, or UNLIMITED included with BoatUS Trailering Club. UNLIMITED includes payment to have BoatUS Member’s tow vehicle and/or boat trailer serviced on the road or towed to the nearest repair facility or safe location up to 100 miles from the breakdown location.   PAID SERVICES include payment for:  • 24-Hour Dispatch Assistance – 1-800-391-4869 for calls in the United States and Canada.  • Towing – If either the towing vehicle or BoatUS Member’s boat trailer are disabled (or stuck at a ramp) while engaged in Trailering the boat, and cannot be serviced on the roadside, payment will be made for the vehicle and/or boat trailer to be towed to the nearest repair facility, or safe location.  • Flat Tire Assistance – BoatUS Member’s spare tire (mounted on a wheel) will be placed on the hub, or air will be added if the flat tire is not punctured while Trailering the boat. As an added benefit, after first thirty days of enrollment, flat tire assistance will be provided for a BoatUS Member’s boat trailer when disabled at its normally kept “home” location.  • Battery Boost – A service vehicle will provide a jump start if BoatUS Member’s towing vehicle will not start, leaving the towing vehicle and boat trailer stranded away from home.  • Fuel Delivery – A fuel supply will be delivered where possible, if BoatUS Member’s towing vehicle runs out of fuel while trailering BoatUS Member’s boat.  BoatUS Member is responsible for the cost of the fuel.  • Lockout – If BoatUS Member’s ignition key is locked within the towing vehicle, while Trailering BoatUS Member’s boat, a service person will attempt to gain entry into the passenger compartment.  RESTRICTIONS AND EXCLUSIONS TO PAID SERVICES. Paid Services apply to BoatUS Member’s boat trailer or towing vehicle when either suffers a breakdown while trailering the boat in the United States, Canada or Mexico. “Trailering the boat” is defined as towing the boat’s trailer to and from the boat as well as using the trailer to move the boat. BoatUS Member’s “boat trailer” is defined as a boat trailer legally owned, registered, licensed and operated by BoatUS Member for personal boating recreation. Your Towing Service does not include: cases involving pre-existing conditions; vehicles, boats or boat trailers which are rented, borrowed or engaged in commercial activity; activities other than Trailering BoatUS Member’s boat.  In an emergency situation, BoatUS Member must contact a government agency. Your Towing Service is not a promise of rescue and is not an insurance policy and provides no indemnification for liability or damages arising out of injury to persons, vehicles, trailers, boats or property. Service Providers utilized by BoatUS are independent contractors and are not employees of BoatUS or its affiliates. Liability for loss, damage or unsatisfactory workmanship remains with Service Provider.  BoatUS will dispatch a Service Provider to complete the above listed Paid Services where available. If dispatch is not successful or the breakdown occurs in Mexico, Trailering Club BoatUS Members will have the option of having the boat trailer and/or towing vehicle towed to the nearest repair facility or safe location within 100 miles of the original breakdown and receive reimbursement for Paid Services up to U.S. $500. For tows over 100 miles, a maximum payment of U.S. $500 will be made for BoatUS Trailering Club BoatUS Members.  Your Towing Service does not provide payment for: repairs; diagnosis; battery charging; the delivery or cost of parts to the disabled vehicle or boat trailer; more than one service vehicle; service at a repair facility; towing of the trailer from, or vehicle related breakdowns at, a BoatUS Member’s home, a storage facility or a repair facility; cases where insurance or other prepaid towing services are paying for the same incident; wreck removal due to highway accidents or other cause. Paid Services listed in this agreement may be restricted due to height & width restrictions of the vehicle, boat and or trailer and may vary based on State, Canadian Province and/or Federal Department of Transportation regulations.  Your Towing Service is not intended to replace proper use and maintenance of BoatUS Member’s boat, boat trailer and towing vehicle. BoatUS may, at its sole discretion, withdraw your Towing Service for abuses including excessive use. Your Towing Service becomes effective at 11:59 PM on the date of purchase and expires concurrent with BoatUS Membership. (v1/08)

11.3  SPOT Product Replacement Program.  Should you choose to subscribe to the optional SPOT Product Replacement Program, the terms of the SPOT Equipment Replacement Program Extended Limited Warranty or Service Contract Terms and Conditions apply to this program.  These terms can be found at the bottom of this Service Plan and on the FAQ section of www.findmespot.com.

12.    ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN CANADA.

This section applies to customers whose billing address is located within the provinces and territories of Canada.  
Your service shall be billed in United States Dollars.  In addition to the Services listed in Section 2, the following optional services are also available in your region:

12.1    SPOT ASSIST NSD Roadside Assistance. Should you choose to purchase the optional SPOT Assist NSD roadside assistance service, the terms of this section apply to you.   SPOT Assist roadside assistance is provided by Nation Safe Drivers (NSD).   If you select SPOT Assist, any HELP messages will go to NSD.  You will not be able to end Help messages to Friends and Family.   The roadside assistance plan you selected specifies the coverage area, type of roadside assistance provided and number of covered events.  If you request roadside assistance via the HELP button on your SPOT Product, your membership will be automatically verified by NSD. Only the Primary Subscriber of Record for your SPOT Product is able to request roadside assistance via the toll-free Number.  If not able to verify eligibility, the NSD dispatcher has discretion to still dispatching roadside assistance. In this event, you will have to pay for the cost of the service.  After the specified number of roadside events, a tow truck will be dispatched but you will be responsible for any required payments. SERVICE LIMITATIONS AND EXCLUSIONS: You must be with your vehicle when the service provider arrives, as they cannot service an unattended vehicle.  Your vehicle must be within 300 meters of the first GPS location transmitted by the SPOT Product.  Your vehicle must be within 100 meters of a regularly maintained roadway. The NSD roadside assistance is not offered in roadless areas regularly not traveled, such as vacant lots, beaches, open fields or other places which are hazardous for tow trucks to reach.  Response times are normally under two (2) hours but can vary depending on the remoteness of your location, the weather and current towing call volume.  During natural disasters or other area-wide emergencies, the local authorities (not NSD) will prioritize all towing calls.  If for some reason, NSD does not provide service for which you were eligible and you incurred a roadside service related expense, you may submit the expense to NSD for reimbursement in accordance with their procedures and reimbursement guidelines.  You must follow the GPS fix instructions in the SPOT User’s Guide applicable to your SPOT.   Without a location, NSD is not able to dispatch roadside assistance. Please see http://www.findmespot.com/assist for more important information about your service. IMPORTANT: Roadside Assistance is to be used only for roadside services, it is not to be considered an emergency response service. Roadside Assistance is not an automobile liability insurance contract, a warranty or a physical damage insurance contract.  Press SOS/911 if injured and if your life is in danger, including due to the risk of exposure or hypothermia.

12.2  SPOT Assist BoatUS Marine Assistance.   Should you choose to purchase the optional SPOT Assist Marine services offered through BoatUS, the terms of this section apply to you.   SPOT Assist Towing assistance is provided by BoatUS and its service providers.  If you select SPOT Assist, any HELP messages will be transmitted to BoatUS; and, you will not be able to send Help messages to Friends and Family.   The Boat U.S. Membership, On-Water Towing and Trailer Assist plan you selected (the “Towing Services”) specifies the coverage area, type of assistance provided, level of reimbursement/coverage provided and number of covered events.   All SPOT Services, including your access to the BoatUS Towing Services through your SPOT device, shall terminate at the end of the associated SPOT Service term.   If you subscribe to BoatUS Towing Services through your SPOT User Account, your BoatUS membership term will correspond with the BoatUS policies and shall terminate at the end of your term on the last day of the month in which you originally signed up for service.  BoatUS Towing Services are not pro-rated, so if you sign up for BoatUS Towing Service at a different time than your original contract date, you will have two separate renewal dates: 1) for your SPOT contract; and 2) for your BoatUS Towing Service.  As a convenience to our SPOT customers, SPOT shall auto-renew your SPOT Service and your BoatUS Towing Services at the end of the associated SPOT Service term.   SPOT shall continue to auto-renew both your SPOT Service and your BoatUS Towing Service until each is canceled in accordance with the SPOT cancellation policies. Any SPOT subscriber who wishes to link their SPOT to their BoatUS Towing Services, shall also be charged the Section 2.8 Linkage Fee.  IMPORTANT: BoatUS Towing Services are to be used only for On-Water Towing and Trailer Assist services.  They are not to be considered an emergency response service. BoatUS Towing Services are  not insurance, a guarantee of assistance or rescue, a contract, a warranty or a physical damage insurance contract.  Press SOS/911 if injured and if your life is in danger, including due to the risk of exposure or hypothermia.

12.2.1    BoatUS On-Water Towing.  The following Terms and Conditions apply to your On-Water Towing Services.  These Towing Services are applicable to On-Water Towing Services throughout the United States, Canada, Bahamas and Reimbursement Worldwide. BoatUS On-Water Towing Services provide a range of benefits and PAID SERVICES to an enrolled BoatUS Member in good standing, 24 hours a day, seven days a week.  PAID SERVICES include: Payment for towing BoatUS Member’s disabled boat from the point of breakdown at sea to port of choice; at sea battery jumpstarts; delivery of fuel, engine fluids and basic engine parts to avoid a tow, subject to availability; soft ungrounding assistance; and towing the disabled boat immediately after breakdown from a restricted use dock to the BoatUS Member’s homedock or repair facility. A restricted use dock is one from which BoatUS Member must move immediately, i.e. fuel or restaurant docks and docks without overnight facilities. Thirty days following initiation of, or upgrade to, Unlimited Gold Service Level, Paid Service includes payment of the cost to tow BoatUS Member’s boat from any dock or mooring to the BoatUS Members port of choice not to exceed a total towing distance of 25 miles. All other service levels (US $50, US $150 and Unlimited) include payment up to 50% of the cost to tow the BoatUS Member’s disabled boat from an unrestricted use dock or mooring, i.e. home docks or marinas, for the purpose of repairs, thirty days following Membership initiation or upgrade in service level. Paid Services apply to any recreational boat owned, borrowed or chartered by the BoatUS Member and includes 24 Hour Towing Dispatch Service.  Paid Services are available when using BoatUS Licensed Towing Companies (TowBoatUS® and Vessel Assist®) up to the SERVICE LEVEL on BoatUS Member’s card at the time of the breakdown or soft ungrounding. Service Levels include Paid Services up to US $50, US $150, UNLIMITED and UNLIMITED GOLD. UNLIMITED and Unlimited Gold Service Level Paid Services are provided for when the boat is disabled and towed within an UNLIMITED SERVICE AREA. An UNLIMITED SERVICE AREA is defined as at least 50 coastal miles (25 miles in any direction from a Licensed Company’s port). Extended UNLIMITED SERVICE AREAS, 30 miles or more offshore, are available in many locations and can be found online at BoatUS.com/towing or by calling the BoatUS Towing Department at 1-800-888-4869. RESTRICTIONS AND EXCLUSIONS TO PAID SERVICES. Paid Services apply per Incident. An Incident is an event or series of events arising from the same breakdown. BoatUS Member is responsible to pay expenses incurred in excess of Service Level active at the time of breakdown or soft grounding.  For non emergency assistance when a BoatUS Licensed Towing Company is not available, BoatUS Member must contact 24 Hour Dispatch via VHF relay or 800-391-4869 prior to accepting assistance from another towing company. Upon authorization, BoatUS Member is eligible for Paid Services up to US $125 per hour from breakdown location to the nearest repair facility and soft ungrounding up to US $10 per foot of boat length, up to BoatUS Member’s Service Level (US $2,500 for UNLIMITED and US $3,000 for UNLIMITED GOLD). If towing service is not available, BoatUS will contact a government agency. To receive reimbursement consideration, invoice must be submitted within 90 days.  In an emergency situation, BoatUS Member must contact Coast Guard or a government agency immediately.  Your Towing Service is not a promise of rescue and is restricted to Paid Services which can be provided with equipment immediately available to the towing company. Paid Services will be provided during normal boating season and within the safe parameters of the towing company capabilities, but will not be rendered when the disabled vessel cannot be safely or reasonably reached or secured and/or properly serviced without damage or danger to either vessel or persons. Your Towing Service is not an insurance policy and does not provide for liability or damages arising out of injury to persons, boats or property and may not be transferred or assigned to another party.  Your Towing Service becomes effective 11:59 PM on the day of payment and does not apply to: pre-existing conditions, including but not restricted to, towing after disabled vessel is pushed away from dock or mooring; battery jump starts, dive service, and fuel delivery at a dock; towing from a repair or storage facility, for seasonal haul out or routine maintenance (with the exception of the Unlimited Gold Service Level), or for storm preparation; salvage, including but not restricted to hard groundings, or assistance requiring more than one vessel, pumps, divers, airbags or other special equipment; the cost of fuel or supplies; charges for escort, navigation assistance, search for lost vessels, retrieving anchors or other equipment; charges to repair, haul, launch, commission, decommission, moor, dock or other marina charges; U.S. or Foreign Customs Fees; when the BoatUS Member is a guest or paid captain on any boat; any boat used for commercial purposes; Paid Services being paid for by another company.   The BoatUS Member is required to use care and diligence in the operation and maintenance of the boat.  BoatUS may, at its sole discretion, withdraw the BoatUS Member’s Service Level for abuses, including excessive use.  Your Towing Service expires concurrent with BoatUS Membership.  (v01/09)

12.2.2    BoatUS TRAILER ASSIST®. The following BoatUS Trailer Assist Service Terms and Conditions apply to your service.   BoatUS TRAILER ASSIST, for boat trailering breakdowns, provides a range of benefits to an enrolled BoatUS Member in good standing, 24 hours a day, seven days a week. Trailer Assist includes PAID SERVICES up to US $50, included with BoatUS basic Membership, or UNLIMITED included with BoatUS Trailering Club. UNLIMITED includes payment to have BoatUS Member’s tow vehicle and/or boat trailer serviced on the road or towed to the nearest repair facility or safe location up to 100 miles from the breakdown location.   PAID SERVICES include payment for:  • 24-Hour Dispatch Assistance – 1-800-391-4869 for calls in the United States and Canada.  • Towing – If either the towing vehicle or BoatUS Member’s boat trailer are disabled (or stuck at a ramp) while engaged in Trailering the boat, and cannot be serviced on the roadside, payment will be made for the vehicle and/or boat trailer to be towed to the nearest repair facility, or safe location.  • Flat Tire Assistance – BoatUS Member’s spare tire (mounted on a wheel) will be placed on the hub, or air will be added if the flat tire is not punctured while Trailering the boat. As an added benefit, after first thirty days of enrollment, flat tire assistance will be provided for a BoatUS Member’s boat trailer when disabled at its normally kept “home” location.  • Battery Boost – A service vehicle will provide a jump start if BoatUS Member’s towing vehicle will not start, leaving the towing vehicle and boat trailer stranded away from home.  • Fuel Delivery – A fuel supply will be delivered where possible, if BoatUS Member’s towing vehicle runs out of fuel while trailering BoatUS Member’s boat.  BoatUS Member is responsible for the cost of the fuel.  • Lockout – If BoatUS Member’s ignition key is locked within the towing vehicle, while Trailering BoatUS Member’s boat, a service person will attempt to gain entry into the passenger compartment.  RESTRICTIONS AND EXCLUSIONS TO PAID SERVICES. Paid Services apply to BoatUS Member’s boat trailer or towing vehicle when either suffers a breakdown while trailering the boat in the United States, Canada or Mexico. “Trailering the boat” is defined as towing the boat’s trailer to and from the boat as well as using the trailer to move the boat. BoatUS Member’s “boat trailer” is defined as a boat trailer legally owned, registered, licensed and operated by BoatUS Member for personal boating recreation. Your Towing Service does not include: cases involving pre-existing conditions; vehicles, boats or boat trailers which are rented, borrowed or engaged in commercial activity; activities other than Trailering BoatUS Member’s boat.  In an emergency situation, BoatUS Member must contact a government agency. Your Towing Service is not a promise of rescue and is not an insurance policy and provides no indemnification for liability or damages arising out of injury to persons, vehicles, trailers, boats or property. Service Providers utilized by BoatUS are independent contractors and are not employees of BoatUS or its affiliates. Liability for loss, damage or unsatisfactory workmanship remains with Service Provider.  BoatUS will dispatch a Service Provider to complete the above listed Paid Services where available. If dispatch is not successful or the breakdown occurs in Mexico, Trailering Club BoatUS Members will have the option of having the boat trailer and/or towing vehicle towed to the nearest repair facility or safe location within 100 miles of the original breakdown and receive reimbursement for Paid Services up to U.S. $500. For tows over 100 miles, a maximum payment of U.S. $500 will be made for BoatUS Trailering Club BoatUS Members.  Your Towing Service does not provide payment for: repairs; diagnosis; battery charging; the delivery or cost of parts to the disabled vehicle or boat trailer; more than one service vehicle; service at a repair facility; towing of the trailer from, or vehicle related breakdowns at, a BoatUS Member’s home, a storage facility or a repair facility; cases where insurance or other prepaid towing services are paying for the same incident; wreck removal due to highway accidents or other cause. Paid Services listed in this agreement may be restricted due to height & width restrictions of the vehicle, boat and or trailer and may vary based on State, Canadian Province and/or Federal Department of Transportation regulations.  Your Towing Service is not intended to replace proper use and maintenance of BoatUS Member’s boat, boat trailer and towing vehicle. BoatUS may, at its sole discretion, withdraw your Towing Service for abuses including excessive use. Your Towing Service becomes effective at 11:59 PM on the date of purchase and expires concurrent with BoatUS Membership. (v1/08)

12.3  SPOT Product Replacement Program.  Should you choose to subscribe to the optional SPOT Product Replacement Program, the terms of the SPOT Equipment Replacement Program Extended Limited Warranty or Service Contract Terms and Conditions apply to this program.  These terms can be found at the bottom of this Service Plan and on the FAQ section of www.findmespot.com.

13.    ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN EUROPE.
This language applies to customer whose billing address is located within this region, including all countries of the European Union, including but not limited to, Albania, Algeria, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Greenland, Holy See (Vatican City State), Hungary, Iceland, Ireland, Italy, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Mauritania, Monaco, Morocco, Netherlands, Norway, Poland, Portugal, Republic of Moldova, Romania, San Marino, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey, United Kingdom, Ukraine, Western Sahara.  In these countries, the reference to “Spot” in the above Service Plan Terms and Conditions shall be read as referring to the Spot affiliated company, Globalstar Europe Satellite Services, Ltd., an Ireland company.  Your service shall be billed in Euros.  The reactivation fee if your service is suspended shall be € 30.00 Euro.  The penalty for each data transmission for a unauthorized prohibited commercial use, including use for tracking of personnel or assets, shall be up to € 0.20 per data transmission.  In addition to the Services listed in Section 2, the following optional services are also available, or apply, in your region:

13.1    Premium SMS Service.  Spot offers its Premium Short Message Service (SMS) in your region.  SPOT’s premium Short Message Service (SMS) is used to send text messages to mobile phones.   Your basic satellite service plan will include two-hundred (200) SMS messages annually.  You will be charged a per message fee to your credit card on file with Spot for each message beyond two-hundred (200) annually as specified when you activate your Service.   You may decline SMS service by utilizing e-mail destinations instead of SMS destinations for your contacts.  Full details of the premium SMS service and supported operators for your region are available at http://international.findmespot.com/.

14.    ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN BRAZIL.
This language applies to customers whose billing address is located within Brazil.  For Brazilian customers, the reference to “Spot” in the above Service Plan Terms and Conditions shall be read as referring to Globalstar do Brasil, S.A., a Brazil company., with headquarters at Rua Visconde de Ouro Preto nº5/9ºandar, na cidade do Rio de Janeiro, inscrita no CNPJ sob o nº 02.231.030/001-34.  Your service shall be billed in Reals.   Any charges listed elsewhere in this Agreement in USD or Euro shall be converted from the USD amount specified into Reals in accordance with the applicable exchange rate.  The applicable governing law and jurisdiction for any disputes shall be the Rio De Janeiro, Estado do Rio de Janeiro.   In addition to the Services listed in Section 2, the following optional services are also available, or apply, in your region:

14.1    Premium SMS Service.  Spot offers its Premium Short Message Service (SMS) in your region.  SPOT’s premium Short Message Service (SMS) is used to send text messages to mobile phones.   Your basic satellite service plan will include two-hundred (200) SMS messages annually.  You will be charged a per message fee to your credit card on file with Spot for each message beyond two-hundred (200) annually as specified when you activate your Service.   You may decline SMS service by utilizing e-mail destinations instead of SMS destinations for your contacts.  Full details of the premium SMS service and supported operators for your region are available at http://international.findmespot.com/.

15.    ADDITIONAL TERMS THAT APPLY TO SPOT INTERNATIONAL CUSTOMERS.
This section applies to customers whose billing address is located in any country not previously identified in Sections 10, 11, 13 or 13 above.  In these countries, the reference to “Spot” in the above Service Plan Terms and Conditions shall be read as referring to Spot, LLC, a Colorado, USA company.  The SPOT International Rate Plans shall apply to your service.  The premium SMS charges apply in your region.  Your service shall be billed in United States Dollars.   In addition to the Services listed in Section 2, the following optional services are also available in your region:

15.1    Premium SMS Service.  Spot offers its Premium Short Message Service (SMS) in your region.  SPOT’s premium Short Message Service (SMS) is used to send text messages to mobile phones.   Your basic satellite service plan will include two-hundred (200) SMS messages annually.  You will be charged a per message fee to your credit card on file with Spot for each message beyond two-hundred (200) annually.   You may decline SMS service by utilizing e-mail destinations instead of SMS destinations for your contacts.  Full details of the premium SMS service and supported operators for your region are available at http://international.findmespot.com.

Should you have any questions concerning this Agreement, or if you desire to contact Spot LLC for any reason, please visit Spot LLC on the World Wide Web at http://www.findmespot.com, or contact Spot Customer Service via e-mail at customerservice@findmespot.com or via toll-free phone at 866-OK1-SPOT (651-7768).

v2010.07.21

Spot LLC reserves the right to change these terms and conditions at any time. 

Updates will be posted to http://www.findmespot.com.