Effective: October 14, 2011. Spot LLC reserves the right to change these terms and conditions at any time. Updates will be posted to http://www.findmespot.com.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ANY PRODUCT SOLD BY SPOT LLC (INDIVIDUALLY REFERRED TO AS THE “SPOT PRODUCT” AND COLLECTIVELY REFERRED TO AS “SPOT PRODUCTS”) AND THIS SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE LIMITATIONS ON USE AND SERVICE CONTAINED IN SECTIONS 1.3, 1.4, 2, 5, 6 AND 8, THE DISCLAIMER OF WARRANTY IN SECTION 5, THE REQUIREMENT OF BINDING ARBITRATION IN SECTION 10.4, AND SPECIFIC EXCEPTIONS CONTAINED IN SECTIONS 1.4, 2.1, 2.2, 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 TO THESE TERMS, DO NOT USE THE SPOT PRODUCT OR THE SERVICE. YOU MAY, WITH THE PROOF OF PURCHASE, RETURN THE SPOT PRODUCT TO THE LOCATION FROM WHICH IT WAS PURCHASED.
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(s) to which you have subscribed (collectively, “Service Plans”), 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 Basic Service (as defined in Section 2.1 herein).
1.2 Changes. SPOT may change the General Terms or pricing for Services (as defined below) at any time. When SPOT makes changes, SPOT will give notice to you by posting the changed General Terms to http://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 http://www.findmespot.com, including changes in the General Terms and the Service 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 shall be deemed to have accepted 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 Product anywhere there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations). Coverage areas may change from time to time, but typically 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 Product is limited (degraded) in accordance with Russian regulations restricting the accuracy of GPS performance for devices utilized in Russia.
1.4 Limitations. Services utilize 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 (together with the U.S. Government’s GPS Satellite Constellation, the “Satellite Systems”), which is owned and operated by Globalstar, Inc. (“Globalstar”) 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 http://www.findmespot.com. Services 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 or interference that are associated with those Satellite Systems or ground stations and the interconnecting networks. Neither does SPOT own or control the cell phone and e-mail service providers who receive the e-mail and short service message (“SMS”) messages generated from SPOT Products, and is not responsible for any delays by the e-mail and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are 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 a minimum subscribe to the SPOT Basic Service to utilize your SPOT Product, including the SOS feature. You may also select additional bundled and/or optional services. Collectively, all of the Services presented in this Section 2 are referred to throughout this Agreement as “Services”.
2.1 SPOT Basic Service. The SPOT Basic Service includes Check-in/OK, Help and SOS messages. If you have a second-generation SPOT Satellite GPS Messenger, a SPOT Communicator, or a SPOT Connect, the SPOT Basic Service also includes Custom Message transmission to your selected contacts. If you have a SPOT HUG, the SPOT Basic Service includes Unauthorized Movement (as more particularly described in Section 2.3). Please note in some regions, premium short service message (“Premium SMS”) charges may apply (please see more information in Sections 11 through 14).
2.1.1 SOS Emergency. This is included as part of your SPOT Basic Service. With a current SPOT Basic Service subscription, you may use your SPOT Product for emergency purposes. SPOT has contracted with a third party provider, Travel Safety Group dba GEOS (“GEOS”), to provide SOS emergency monitoring services. Provision of SOS Emergency services is subject to the terms of this Agreement, including, without limitation, the limitations of liability set forth in Section 6. SPOT intends that the GEOS International Emergency Response Coordination Center (the “IERCC”) will be available at all times in all locations where your SPOT Product 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 the Agreement create a duty to rescue.
188.8.131.52 SOS Monitoring. SPOT transmits SOS Emergency Signals received, along with applicable Registration Data information and available location coordinates, to the IERCC. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of a SOS Emergency Signal, IERCC personnel will: i) contact, if available, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS 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 your Registration Data information and/or location coordinates); iv) if you are traveling outside of your home territory, and it is consistent with GEOS’ procedures, 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.
184.108.40.206 False SOS Emergency Transmissions. You are solely responsible for any charges that may be assessed by emergency responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from you or your authorized users’ transmission of a SOS Emergency Signal. Should you deliberately or negligently misuse the SOS Emergency service, SPOT 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 button to ‘see if it works’ or otherwise knowingly pressing the SOS button when no emergency situation exists. Should it be determined by SPOT that you have deliberately or negligently misused the SOS Emergency service, SPOT shall, without further notice, bill your credit card the appropriate fee and you shall be responsible to pay any such fee. SPOT and GEOS shall have such other rights and remedies against you for such misuse as may be available at law, and you agree to indemnify, defend and hold harmless SPOT and GEOS and their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives, and agents from any liabilities or penalties arising from such misuse. If you purchase the optional Search and Rescue services, 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 or a SPOT Connect. Type & Send Messages are up to 41 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, or GEOcaching.com. You are solely responsible for any data or content that you send via Type & Send Messaging, including any consequences of such messaging. You shall not send any content in violation of the restrictions in Section 8.5. Type & Send Messaging is subject to provisions of 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.
2.3 Unauthorized Movement. Unauthorized Movement is available to SPOT HUG users and is included in the SPOT Basic Service for such users. For your safety and the safety of others, you shall not use the vessel’s coordinates that are sent to you to track down the vessel and attempt to regain possession of it. When Unauthorized Movement occurs, a notification with your vessel’s GPS position is automatically sent to you and the GEOS Asset Monitoring Center, at which time GEOS alerts you or your designated contacts of the unauthorized movement. You will then be requested to verify that the vessel has been stolen and asked to file a report with the local law enforcement agency. Once the report has been filed, GEOS will work with the local law enforcement agency to recover your vessel.
2.3.1 False Unauthorized Movement. Please note that SPOT reserves the right to suspend all of the services associated with your SPOT HUG, including the suspension of Unauthorized Movement notifications and SOS Emergency services, if your SPOT HUG sends false Unauthorized Movement notifications and you fail to take immediate action to prevent further false Unauthorized Movement notifications. If SPOT does suspend all of the services associated with your SPOT HUG pursuant to this Section 2.3.1, you will be required to reset your SPOT HUG and call SPOT Customer Service at 866-OK1-SPOT (651-7768) before all of the services associated with your SPOT HUG resume operation. Please note that you will continue to be billed and remain liable for all SPOT services associated with your SPOT HUG while such services are suspended pursuant to this Section 2.3.1.
2.4 Sensor Alerts. Sensor Alerts is an optional service available to SPOT HUG users. Sensor Alerts are available to monitor items such as doors, water levels and voltage. Please note that these sensors only provide alerts when the SPOT HUG key fob is outside of the transmitting range of the associated SPOT HUG tracker unit.
2.5 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 Guide and its normal message transmission schedule as often as you wish provided that such use is for your personal, recreational, non-commercial use. You may not use the Track Progress Service for the tracking of assets and/or personnel unless previously authorized to do so by SPOT. Unauthorized commercial use of the Track Progress Service will result in additional charges of up to $0.25 US / €0.30 Euro per data transmission.
2.6 SPOT Assist Services. SPOT Assist Services may be available in your region. Please see Sections 11 through 14 to determine if it is available to you. Please note that if you subscribe to SPOT Assist Services, then you will not have access to your Help Friends and Family contacts. That is not the case, however, if you are using SPOT Connect, which allows you to choose via the SPOT Connect app between using Help SPOT Assist Services and your Help Friends and Family contacts. SPOT Assist Services is 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 button to request emergency assistance.
2.7 GEOS Search and Rescue Membership. Should you choose to purchase the optional Search and Rescue membership provided by GEOS (“GEOS SAR Membership”), 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 and is not responsible for GEOS’ performance of such service. The terms and conditions of the GEOS SAR Membership are located at http://www.geosalliance.com/sar/. The optional GEOS SAR Membership is billed on an annual basis, and is dedicated to the primary registered user. As further provided at http://www.geosalliance.com/sar/ and subject to the terms set forth therein, the scope of GEOS SAR Membership 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 in certain circumstances and is subject to other restrictions and limitations. Additional GEOS Memberships may be purchased directly from GEOS as further provided 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 seeks to 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 firstname.lastname@example.org 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. The GEOS SAR 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. NOTE: The IERCC will not refuse to call out additional emergency response services when advised by first responders that such additional services are necessary. In such cases where a member activates his or her SOS 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 GEOS SAR Membership, the member will be liable for the whole cost.
2.8 SPOT Adventures. As a subscriber to SPOT Basic Service, you may also register/have registered for SPOT's social networking site at http://www.spotadventures.com. Please see the SPOT Adventures Terms of Service at http://share.findmespot.com/spot-adventures/content.html?wiki=TermsOfService for the terms and conditions which apply to your use of the SPOT Adventures site.
2.9 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 a way to commercially track assets and/or 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.
2.10 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.
2.11 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 SPOT Assist services and Premium SMS services. Please check Sections 11 through 14 below to see what optional services are available in your region.
2.12 SPOT Linkage Fee. The SPOT Linkage Fee is applied to optional services that require SPOT to transmit messages from your SPOT Product to an external service provider, such as the GEOS SAR Membership, SPOT Assist roadside and/or SPOT Assist maritime (the “SPOT Linkage Fee”). The SPOT Linkage Fee may be charged separate from the associated service or may be bundled within the total cost of the associated service and is subject to change from time to time. The SPOT Linkage Fee is a flat, non-refundable charge, and shall not be pro-rated should you subscribe to or terminate your service mid-term. Additionally, the SPOT Linkage Fee 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.
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 Product or any that you may add during your Term.
3.1 Term. You agree to remain as a subscriber for the minimum period stated in your Service Plan’s Term, or if no Term is specifically stated in your Service Plan, for a Term of twelve (12) months starting on the date of service activation. Available Service 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 Service 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 Service Plan. All Service Plans are pre paid plans.
3.3 Non-Refundable. Pre-paid Service 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 Service Plan. Pre-paid Service Plans may not be transferred to a third party account; however, upon your request, they may be transferred to another SPOT Product within your own account.
3.4 Cancellation. To cancel your Service Plan, you must notify SPOT in writing or contact SPOT Customer Service at 866-OK1-SPOT (651-7768) within thirty (30) days prior to 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. To notify SPOT in writing, you must email your notice of cancellation to email@example.com and provide your name, your address and the ESN from the SPOT Product for which you want to cancel Services. The ESN for your Spot Product is located in the battery compartment, under the battery of your SPOT Product. You may call SPOT Customer Service at 866-OK1-SPOT (651-7768) if you have questions.
3.5 Changes to Services. You agree that SPOT or its service providers (including Globalstar, GEOS, Google Maps™, Global Motion Media, Nation Safe Drivers, BoatUS) (collectively, the “Service Providers”) may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons, in their complete discretion, without notice to you and without liability for any changes in your ability to use the Services or the SPOT Products, including compatibility issues with the SPOT Products, as a result of such changes.
3.6 Termination by SPOT. You agree that SPOT may terminate this Agreement and the provision of Services to you at any time without notice or liability to you and for any reason.
3.7 Your Responsibility Post-Cancellation or Termination by SPOT. Your SPOT Product can only transmit data; it cannot receive data. This means that SPOT cannot simply send a command to your SPOT Product to prevent it from sending data over the satellite network. Therefore, if your Service is canceled pursuant to Section 3.4 or terminated pursuant to Section 3.6, then you agree to immediately disable the power source from your SPOT Product (either by removing the batteries or the power line). This action is necessary to ensure that your SPOT Product no longer sends information over the satellite network. If you fail to do so, additional charges will apply and spot shall have such other rights and remedies against you as may be available for such failure.
3.8 Additional Charges. Your cell phone 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.
4.1 Timely Payments. You agree to pay, on time, any applicable activation, usage, cancellation, and disconnection fees, plus any applicable taxes, as provided in your Service Plan. Since your Service 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 Service Plan. The applicable currency for your region is specified in Sections 11 through 14. This bill is due and payable in the currency specified in your Service 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 the Services 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 Service Plan.
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 the Services beyond the promotional period.
4.4 Data Transmission / No Credits. SPOT 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,” “Help or SPOT Assist,” “Check-in/OK”, “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 Emergency Signals.
4.5 Taxes. Your Service Plan price for the Services 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 the Services 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 Service 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 Services. 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 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. SPOT SHALL HAVE THE RIGHT TO CONTINUE TO MONITOR YOUR CREDIT RATING AND CREDIT HISTORY DURING THE TERM. further, you authorize SPOT OR THE AFFILIATE COMPANY IDENTIFIED FOR YOUR REGION IN SECTIONS 12 AND 13 TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICEs PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICEs IN ACCORDANCE WITH SECTION 3.4.
4.8 E-commerce Purchases. If you purchased your SPOT Product and/or 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 Product(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 Product (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, and you are responsible for payment of such additional amount.
4.9 Returns. Should you need information on how to return an unopened SPOT Product and/or accessories purchased from http://www.findmespot.com and/or unused service certificates, please see the FAQ section of http://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 SPOT 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 SPOT PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, SPOT DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR SPOT PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR SPOT PRODUCT, OR ANY WARRANTIES YOU’RE YOUR SPOT PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR SPOT PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPOT OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY.
THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, SPOT LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE SPOT PRODUCT.
The terms and conditions of the applicable Limited Warranty for your SPOT Product may be updated by SPOT at anytime and without notice. If there is any conflict between the terms contained in this Agreement and the terms contained at http://www.findmespot.com/warranty, then the terms contained at http://www.findmespot.com/warranty shall supersede and replace the terms contained in this Agreement.
5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES 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 REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES 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 AND DISCLAIMED BY SPOT AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. SPOT AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, 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 AND THE SERVICE PROVIDERS MAKE 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 USE OF THE SERVICE. THE SOFTWARE 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 SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. SPOT AND THE SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES 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 SPOT ASSIST HELP TRANSMISSIONS.
6. LIMITATION OF LIABILITY.
6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SPOT AND ITS SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY 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 THE SPOT PRODUCT OR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES. SPOT AND ITS SERVICE PROVIDERS 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 SYSTEMS, THESE SERVICES OR THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:
6.1.1 MATTERS OUTSIDE OF SPOT’S OR ITS SERVICE PROVIDERS’ 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
6.1.2 FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR
6.1.3 FAILURE, DELAY OR INACCURACY OF THE SPOT PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), SPOTASSIST TRANSMISSIONS, AND/OR LOCATION COORDINATES, TO THE GLOBALSTAR SATELLITE SYSTEM; OR
6.1.4 FAILURE OF OR DELAY IN THE GLOBALSTAR SATELLITE SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), SPOTASSIST HELP TRANSMISSIONS, LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND/OR GOOGLE MAPS™ DISPLAY, AND TO TRANSMIT SUCH TRANSMISSIONS TO THE IDENTIFIED POINTS OF CONTACT AND/OR IERCC AS APPROPRIATE; OR
6.1.5 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 EMERGENCY SIGNAL(S), OR FAILURE OR DELAY OF THE SPOTASSIST PROVIDER (NATION SAFE DRIVERS AND/OR BOATUS) IN RESPONDING TO THE SPOTASSIST HELP TRANSMISSION; OR
6.1.6 FAILURE OF OR DELAY IN THE DELORME EARTHMATE PN-60W GPS PRODUCT TO TRANSMIT ANY SPOT MESSAGE(S) TO THE SPOT COMMUNICATOR; OR
6.1.7 FAILURE OF OR DELAY IN YOUR SMARTPHONE TO TRANSMIT ANY SPOT MESSAGE(S) TO THE SPOT CONNECT; OR
6.1.8 FAILURE OF OR DELAY ON BEHALF OF THE SPOT SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICES FOR WHICH EACH IS CONTRACTED; OR
6.1.9 FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
6.1.10 FAILURE TO PROPERLY INSTALL OR CONFIGURE THE SPOT PRODUCTS, INCLUDING SPOT HUG AND ITS ASSOCIATED DOOR, LOW VOLTAGE AND HIGH WATER SENSORS; OR
6.1.11 FAILURE OF SPOT OR ITS SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SERVICE(S) HAVING BEEN CANCELLED PURSUANT TO SECTIONS 2.3.1, 3.4 OR 3.6; OR
6.1.12 NON-COMPATABILITY OF SPOT PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD PARTY SOFTWARE; OR
6.1.12 FAILURE OR INADEQUACY OF POWER SUPPLY FOR SPOT PRODUCTS AND/OR ASSOCIATED PRODUCTS (INCLUDING THE DELORME EARTHMATE PN-60W GPS, THIRD-PARTY ACCESSORIES AND SMARTPHONES).
6.3 IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF SPOT AND ITS SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT OF THE FEE FOR SERVICES PAID BY YOU.
6.4 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 SPOT PRODUCT.
7.1 Your SPOT Product. All SPOT Products are manufactured in China for Spot LLC, headquartered at 300 Holiday Square Blvd., Covington, Louisiana 70433.
7.2 Copyrights, Intellectual Property, Patents and Documentation. © Spot LLC. All rights reserved. The SPOT Satellite Tracker™, SPOT Satellite GPS Messenger™, SPOT Satellite Communicator™, SPOT Communicator™, SPOT HUG™, SPOT Connect™ and Type & Send™ are the property of SPOT. All SPOT products described herein are the products of Spot LLC, which is not affiliated in any manner with Spot Image of Toulouse, France or Spot Image Corporation of Chantilly, Virginia. DeLorme and the DeLorme Earthmate PN-60w GPS 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. As between you and SPOT, you agree that SPOT owns all intellectual property relating to your SPOT Product and/or associated software, and you shall not attempt to challenge the validity or enforceability of any such rights. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at http://www.findmespot.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by SPOT or its affiliates. SPOT assumes no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation. In order to protect SPOT intellectual property, this documentation may describe some aspects of SPOT intellectual property in general terms. SPOT reserves the ability to amend this documentation from time to time without notice to you; however, SPOT 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 Software License. The software (including firmware) included in your SPOT Product is licensed to you, not sold. You are granted a limited, non-transferable, non-exclusive license to use the software in connection with your use of your SPOT Product in accordance with the Agreement. If your SPOT Product requires that you agree to a separate End User License Agreement, then you agree to be bound by the terms of the End User License Agreement.
7.4 Support and Customer Service. You can find more information about your SPOT Product and the Services at http://www.findmespot.com or by contacting SPOT Customer Service at firstname.lastname@example.org or via phone at 866-OK1-SPOT (651-7768). If you have a DeLorme Earthmate PN-60w GPS with SPOT Communicator and have questions regarding the operation of your DeLorme Earthmate PN-60w GPS, please visit http://support.delorme.com for access to the DeLorme Technical Support Knowledge Base and FAQs or contact a DeLorme Technical Support representative at 207-846-8900.
8. YOUR OBLIGATIONS.
8.1 Familiarization with your SPOT Product. You agree to familiarize yourself with the operation of your SPOT Product, including reading your SPOT User Guide. You agree you will use the SPOT Product only in accordance with those instructions. SPOT strongly recommends that you also view the SPOT Starter Video available on http://www.findmespot.com, the FAQs available on http://www.findmespot.com and practice properly using your SPOT Product by sending test messages and fixing your GPS coordinates.
8.2 Personal Use. Your Service Plan is for personal, recreational or non-commercial use only. You shall not sell, rent, lease or otherwise charge for the SPOT Product and/or the Services or any information or services associated with or derived from the SPOT Product and/or the Services. The only exceptions are the approved commercial uses described in Section 8.3 herein and pursuant to the restrictions in Section 8.4 and 8.5 and additional obligations described in Section 8.6.
8.3 Authorized Commercial Use. In addition to your non-commercial use, SPOT has approved the following commercial uses under your Service Plan: 1) rental and/or provision of the SPOT Product and/or the Services 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 Product and/or the Services 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 and the Service Providers against any claims, loss or damages caused or incurred by your authorized users. You are also responsible for the compliance with this Agreement 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 866-OK1-SPOT (651-7768) or email@example.com should you wish to utilize your SPOT Product for commercial use.
8.4 Restriction Prohibiting Tracking of Personnel and/or Assets. Your SPOT Product 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 $0.25 US / €0.30 Euro per data transmission. SPOT may also immediately terminate the Services without refund and exercise all other remedies available.
8.5 Misuse. You agree that you will not use the Services or the SPOT Product (1) to abuse or misuse the SOS Emergency services, (2) to abuse or misuse the SPOT Assist Services; (3) to utilize your SPOT Product 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) to transmit viruses or other disabling, damaging or harmful code, (6) for any purpose in violation of law, (7) in any manner that infringes or misappropriates third party rights, or (8) in any manner which overloads or unreasonably interferes with the Services or the Satellite Systems. You agree to use the Services only with the SPOT Product 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, and SPOT may exercise all other remedies available.
8.6 Authorized Users. You are solely responsible, and assume any liability, for any user authorized by you to utilize the SPOT Product and/or the Services. You are also responsible for the compliance with this Agreement by your authorized users. In addition, you agree to pass usage instructions and Service Plan terms and conditions to all of your authorized users. Some optional services such as the GEOS SAR Membership 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 Lost, Stolen or Destroyed SPOT Products. You are responsible for use by anyone else of your SPOT Product, and you will immediately contact SPOT at 866-OK1-SPOT (651-7768) or firstname.lastname@example.org if your SPOT Product is lost, stolen or destroyed. You are responsible for the cost of replacing your SPOT Product and for all fees and charges incurred before you notify us and for two hours thereafter.
8.8 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless SPOT and the Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives 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 (i) your or anyone’s use of your SPOT Product, the Services and any associated software, (ii) any breach of any of the terms and conditions of this Agreement, (iii) any injury or death to you or loss of property, or (iv) any negligent, reckless or tortuous act or omission committed by you or any authorized user.
9. SPOT User Account, Websites.
9.1 SPOT Websites. Your use of the SPOT websites, including the SPOT Shared Pages, http://www.findmespot.com and http://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 service options and pre-programmed messages, is essential for proper provision of the Services. 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 Earthmate PN-60w GPS 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 Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages from your SPOT account to your DeLorme Earthmate PN-60w GPS.
9.4 Content License from You. You agree that you are solely responsible for (and that SPOT has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services 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 acknowledge and agree that by submitting, posting or displaying the content you give SPOT a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services and any associated software. Furthermore, you agree that this license includes a right for SPOT to make such content available to other companies, organizations or individuals as required for the provision of the Services, including www.geocaching.com and/or any social connectivity sites designated by you. In order to provide the Services, SPOT may be required to transmit or distribute your content over various public networks and in various media. SPOT may also be required to make changes to your content if so required by the technical requirements of connecting networks, devices, services or media.
9.6 Web Browsers. You must have a compatible web browser to access your SPOT user account via the internet at http://www.findmespot.com. The following are compatible web browsers: Chrome 10, 11 & 12; FireFox 3, 4 & 5; Internet Explorer 7, 8 & 9; and Safari 4 & 5. It is possible that there are other compatible web browsers. Check the FAQ section of http://www.findmespot.com or contact SPOT Customer Service for the most recent list of compatible web browsers.
9.7 Privacy, Data Protection. SPOT is committed to maintaining your private information. In order to access the Services, 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 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 the Services. 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. SPOT will keep your personal data confidential, provided however that SPOT will provide such information to GEOS, the IERCC provider and other Service Providers, and that GEOS may provide such information as required to emergency responders in the event that you or your authorized user triggers a SOS Emergency Signal, including your name, registration information, location and message history and may disclose such information as otherwise provided in this Agreement. SPOT may also provide your information to any SPOT Assist provider, such as Nation Safe Drivers and/or BoatUS, 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 Services, 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 Emergency service provider, in the event that you deliberately or negligently misuse the SOS 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 SPOT considers 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 SPOT will provide or sell personal information to third parties. You consent to the foregoing collection, use and disclosure of your personal information and to SPOT’s collection, use and disclosure of your personal information as set out in this Section 9.7. You also consent to the privacy policies listed at http://www.findmespot.com and http://www.spotadventures.com pertaining to your use of those websites.
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 SPOT Shared Pages, http://www.findmespot.com and/or http://www.spotadventures.com 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.
10.1 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. 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, the Services 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 and the Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives 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 (i) your use of the SPOT Product, the Services and any associated software, (ii) any breach of any of the terms and conditions of this Agreement, (iii) any injury or death to you or loss of property, or (iv) any negligent, reckless or tortuous act or omission committed by you or any authorized user.
10.4 GOVERNING LAW AND BINDING ARBITRATION. Unless otherwise specified in Sections 11 through 14, this Agreement is governed by the laws of the State of Louisiana without giving effect to conflicts of laws principles. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES SPOT SUPPLIES (“CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED OR THE RELIEF OR REMEDIES SOUGHT, SHALL, TO THE EXTENT POSSIBLE, BE SETTLED AMICABLY BY THE PARTIES HERETO. IN THE EVENT OF A FAILURE TO REACH AMICABLE SETTLEMENT OF A CLAIM, SUCH CLAIM SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND THUS THIS PROVISION WAIVES ANY RIGHT TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. THIS PROVISION ALSO MEANS THAT NEITHER YOU NOR SPOT WILL BE ABLE TO PURSUE A CLAIM AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) EITHER IN ARBITRATION OR IN COURT, NOR WILL YOU OR SPOT BE ABLE TO PURSUE A CLAIM AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT, AND YOU AND SPOT WAIVE ANY RIGHT TO DO SO. IF THE PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON, THEN ANY CLASS DISPUTE WILL NOT BE RESOLVED THROUGH ARBITRATION.
This binding arbitration provision applies to any and all Claims that you have against Spot, its affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that Spot has against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.
The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association (“AAA”) and such Claim(s) shall be administered by the AAA under its Commercial Arbitration Rules, including where appropriate the Consumer-Related Disputes Supplementary Procedures, in effect at the time the Claim(s) was filed. Rules and forms for the arbitration may be obtained from www.adr.org, and Claims may be filed at American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Voorhees, NJ 08043, email@example.com. Any arbitration hearing that you attend shall be held at a location which is reasonably convenient to you and Spot as mutually agreed upon in writing. In the event you and Spot are unable to agree on a location for the arbitration hearing, a place shall be chosen by the arbitrator or arbitrator administrator. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, and the relationship between you and Spot concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
In the event the AAA decides not to administer a Claim, the parties agree that such Claim shall be submitted to litigation in Federal courts located in New Orleans, Louisiana or state court in St. Tammany Parish, Louisiana, unless a different forum is expressly set forth under Sections 11 through 14, and the parties further agree to waive any inconvenient forum defense. IF THE CLAIM IS SUBMITTED TO LITIGATION UNDER THIS PARAGRAPH, THE PARTIES AGREE AND HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH PROCEEDING.
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 these General Terms will govern your relationship with SPOT. If there is any contradiction between what the English language version of these General Terms say and what a translation says, then the English language version shall take precedence.
10.6 Notices. Except as specified in Sections 11 through 14, all legal notices to SPOT must be sent to: firstname.lastname@example.org or to Spot LLC, 300 Holiday Square Blvd., Covington, Louisiana 70433, Attn: Legal. For questions or concerns, please contact SPOT at email@example.com or 866-OK1-SPOT (651-7768) or such other contact information as may be posted on http://www.findmespot.com from time to time.
10.7 Entire Agreement. This Agreement (including the Service 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. This Agreement shall not be deemed to create any rights in favor of any third parties or any obligations of SPOT to any third parties.
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.
10.10 Severability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on you and SPOT.
11. ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN THE UNITED STATES OR CANADA. This language applies to customers whose billing address is located within the United States of America or Canada. Your Services 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 (“SPOT Assist NSD”) offered through Nation Safe Drivers (“NSD”), the terms of this Section 11.1 apply to you. The SPOT Assist NSD terms may change from time to time so please contact NSD for the current terms. If you select SPOT Assist NSD, any HELP messages will go to NSD. You will not be able to send 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 dispatch 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 Guide applicable to your SPOT Product. 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: SPOT Assist NSD is to be used only for roadside services; it is not to be considered an emergency response service. SPOT Assist NSD is not an automobile liability insurance contract, a guarantee of assistance or rescue, a contract, a warranty or a physical damage insurance contract. Press SOS 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 BoatUS Marine Assistance Services (“SPOT Assist BoatUS”) offered through BoatUS, you will be considered a BoatUS Member, and the terms of this Section 11.2 will apply to you. The SPOT Assist BoatUS terms may change from time to time so please contact BoatUS for the current terms. If you select SPOT Assist BoatUS, any HELP messages will be transmitted to BoatUS; and, you will not be able to send Help messages to Friends and Family. The BoatUS Membership, On-Water Towing and Trailer Assist plan you selected (the “BoatUS Services”) specifies the coverage area, type of assistance provided, level of reimbursement/coverage provided and number of covered events. All Services, including your access to the BoatUS Services through your SPOT Product, shall terminate at the end of the associated service Term. If you subscribe to BoatUS 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 Services are not pro-rated, so if you sign up for BoatUS Service at a different time than your original contract date, you will have two separate renewal dates: 1) for your Service Plan; and 2) for your BoatUS Services. As a convenience to SPOT customers, SPOT shall auto-renew your Services and your BoatUS Services at the end of the associated service term. SPOT shall continue to auto-renew both your Services and your BoatUS Services until each is canceled in accordance with the SPOT cancellation policies. Any SPOT subscriber who wishes to link their SPOT Product to their BoatUS Services, shall also be charged the Section 2.12 Linkage Fee. IMPORTANT: SPOT Assist BoatUS is only to be used for On-Water Towing and Trailer Assist Services; it is not to be considered an emergency response service. SPOT Assist BoatUS is not an insurance contract, a guarantee of assistance or rescue, a contract, a warranty or a physical damage insurance contract. Press SOS 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 BoatUS On-Water Towing Services (“On-Water Towing Services”). On-Water Towing Services are applicable throughout the United States, Canada, Bahamas and Reimbursement Worldwide. 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 Services include payment of the cost to tow BoatUS Member’s boat from any dock or mooring to the BoatUS Member’s 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 http://www.BoatUS.com/towing or by calling the BoatUS Towing Department at 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 the Service Level active at the time of breakdown or soft grounding. For non-emergency assistance when a BoatUS Licensed Towing Company is not available, the 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, an invoice must be submitted within 90 days. In an emergency situation, the BoatUS Member must contact the Coast Guard or a government agency immediately. Your On-Water Towing Service is not a promise of rescue and is restricted to Paid Services that 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 On-Water 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 On-Water 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 On-Water Towing Service expires concurrent with BoatUS Membership.
11.2.2 BoatUS TRAILER ASSIST®. The following terms and conditions apply to your BoatUS Trailer Assist Services (“Trailering 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. BoatUS Trailer Assist includes Paid Services up to $50, included with BoatUS basic Membership, or Unlimited included with BoatUS Trailering Service. 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 – 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 Trailering 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 Trailering 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 the 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 Service 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 Service BoatUS Members. Your Trailering 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 Trailering 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 Trailering Service for abuses including excessive use. Your Trailering Service becomes effective at 11:59 PM on the date of purchase and expires concurrent with BoatUS Membership.
12. ADDITIONAL TERMS THAT APPLY TO CUSTOMERS IN EUROPE. This Section 12 applies to customers whose billing address is located within Europe, 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 Agreement shall be read as referring to the SPOT affiliated company, Globalstar Europe Satellite Services, Ltd., an Ireland company. Your Services 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.
12.1 Premium SMS Services. SPOT offers its Premium SMS services in Europe. SPOT’s Premium SMS services are 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 services by utilizing e-mail destinations instead of SMS destinations for your contacts. Full details of the Premium SMS services and supported operators for your region are available at http://international.findmespot.com/.
13. 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 Agreement 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 Services 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 Brazil.
13.1 Premium SMS Services. SPOT offers its Premium SMS services in Brazil. SPOT’s Premium SMS services are 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 services by utilizing e-mail destinations instead of SMS destinations for your contacts. Full details of the Premium SMS services and supported operators for your region are available at http://international.findmespot.com/.
14. ADDITIONAL TERMS THAT APPLY TO SPOT INTERNATIONAL CUSTOMERS. This Section 14 applies to customers whose billing address is located in any country not previously identified in Sections 11, 12, 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 Services. The Premium SMS services charges apply in your region. Your Services 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:
14.1 Premium SMS Services. SPOT offers its Premium SMS services in your region. SPOT’s Premium SMS services are 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 services by utilizing e-mail destinations instead of SMS destinations for your contacts. Full details of the Premium SMS services 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 for any reason, please visit http://www.findmespot.com, or contact SPOT Customer Service via e-mail at firstname.lastname@example.org or via toll-free phone at 866-OK1-SPOT (651-7768).