The Terms of Services is a legal agreement between You, as Customer, Administrator, User/End User, and LOCATE SIGNAL and govern your use and access to LOCATE SIGNAL services, including our product, software, hardware, tools, features, and any other services made available through our website.
Your use of the any of the LOCATE SIGNAL Web Portal websites, including www.locatesignal.com, https://www.locatesignal.com/, and any other website that LOCATE SIGNAL may make available to enable or support the LOCATE SIGNAL services (any of which is referred to herein as the “Website”) and/or the associated applications, services and materials (the “Applications”) is contingent upon your acceptance of this LOCATE SIGNAL. Web Portal Use Agreement (the “Agreement”) and the terms and conditions that follow. If you do not agree to these terms and conditions, you are not permitted to use the Website or the Applications.
1.1 You understand and agree that LOCATE SIGNAL or its affiliates and subsidiaries may make available on the Website for your review certain Content (as defined below) derived from and relating to vehicle and user related data generated by the LOCATE SIGNAL tracking device.
1.2 You understand and agree that LOCATE SIGNAL owns all right, title and interest in and to (or where required, appropriate or applicable has been licensed by third parties to use) the Website or the Applications and the products and services made available on or through the Website or the Applications and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”). LOCATE SIGNAL hereby grants you a limited, non-exclusive, non-transferable, worldwide license to use the Website and the Applications solely for the management of information related to your LOCATE SIGNAL Electronic Logging Device, subject to the terms and conditions of this Agreement. Unauthorized use of the Website or the Applications violates copyright, trademark and other laws. All rights not expressly granted to you under this Agreement or an applicable, validly executed license or service agreement between you or your organization and LOCATE SIGNAL are reserved by LOCATE SIGNAL. Except as expressly provided to you in such agreement, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes infringement of LOCATE SIGNAL ’s intellectual property and other proprietary rights. Other than as required to facilitate your permissible use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit or redistribute in any way whatsoever any Content.
1.3 You shall not interfere with or otherwise challenge LOCATE SIGNAL ’s rights on the Website or the Applications. You shall not remove, modify or alter, or cause or allow to be removed, modified or altered, any copyright or trademark notice, author attribution or other notice placed on or contained within the Content or otherwise on the Website or the Applications. Except as expressly authorized by LOCATE SIGNAL in writing, in no event shall you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content. You may not take any action to interfere with or disrupt the Website or the Applications, circumvent security measures, or attempt to exceed the limited authorization and access granted to you by LOCATE SIGNAL.
2.1 Only owners of the LOCATE SIGNAL Electronic Logging Device or such owner’s employees may access or use the Website or the Applications. Your acceptance and agreement below is a representation and warranty from you that both you and your employee(s) are authorized by LOCATE SIGNAL to access and use the Website or the Applications, and that you are the person to whom the user name and password which you use to access the Website or the Applications has been issued by LOCATE SIGNAL.
2.2 At LOCATE SIGNAL ’s discretion, you may be restricted from accessing the Website or certain Applications. 2.3 Materials and features may be added to or withdrawn from the Website or the Applications, and the Website or the Applications may be otherwise changed or discontinued at any time without notice.
2.4 LOCATE SIGNAL may terminate your access to the Website or the Applications at any time, for any reason and without advance notice, and in addition to terminating access, LOCATE SIGNAL may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. 2.5 You agree not to give or make available your username or password or other means to access your account to any unauthorized individuals. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Website or the Applications without your consent or without your permission, you must notify LOCATE SIGNAL immediately by contacting support@locatesignal.com
2.5 You agree not to give or make available your username or password or other means to access your account to any unauthorized individuals. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Website or the Applications without your consent or without your permission, you must notify LOCATE SIGNAL immediately by contacting support@locatesignal.com
3.1 You represent and warrant that all information and data provided by you, or your organization, agents or representatives are accurate and complete, and you acknowledge that LOCATE SIGNAL relied on such information, data and samples in granting you access to the Website or the Applications.
3.2 THE WEBSITE, APPLICATIONS, CONTENT AND ANY RELATED MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND LOCATE SIGNAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. LOCATE SIGNAL DOES NOT GUARANTEE OR WARRANT THE AVAILABILITY OF THE WEBSITE OR THE APPLICATIONS, AND THE WEBSITE OR THE APPLICATIONS MAY CONTAIN BUGS, VIRUSES, ERRORS OR OTHER PROBLEMS FOR WHICH LOCATE SIGNAL DISCLAIMS ALL LIABILITY. YOU AGREE THAT YOU WILL NOT MAKE A CLAIM AGAINST LOCATE SIGNAL FOR INACCURATE CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE APPLICATIONS.
4.1 LOCATE SIGNAL , any third party supplier of LOCATE SIGNAL , and any officer, director, employee, subcontractor, agent, successor, assign, affiliate or subsidiary of LOCATE SIGNAL or any such third party supplier of LOCATE SIGNAL (each, a “Covered Party” and collectively, the “Covered Parties”) shall in no event be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Website or the Applications or any Content or materials available or not included therein, (b) the unavailability or interruption of the Website or the Applications or any features thereof or any Content or materials included therein, (c) your use of the Website or the Applications, Content or materials (regardless of whether you received any assistance from a Covered Party in using theWebsite or the Applications), (d) your use of any equipment in connection with the Website or theApplications, (e) the Content available through the Website or the Applications, or (f) any delay or failure in performance of or based on the Website or the Applications.
4.2 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION), WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE WEBSITE, APPLICATIONS OR CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY AND REGARDLESS OF WHETHER ANY COVERED PARTY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.1 By using the Website or the Applications, you (and your organization) agree to defend, indemnify and hold harmless any Covered Party, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your use of the Website or theApplications, (ii) incomplete or inaccurate information or data provided by you, (iii) unauthorized access to, or re-use of any reports, data, calculations, estimates, documents, Content or materials available on or through the Website or the Applications or (iv) your breach of this Agreement.
5.2 LOCATE SIGNAL reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim from which it is entitled to indemnification.
The data and information that you access using the Website or the Applications, including but not limited to all standards, reports, compositions, analyses, figures and related data shall be the exclusive property of LOCATE SIGNAL , except as otherwise agreed to by LOCATE SIGNAL in a written agreement
The information accessed by you on the Website is specific to you. The confidentiality provisions contained in the Website’s Privacy Policy, which is incorporated herein by reference, shall govern LOCATE SIGNAL ’s treatment of your information. You acknowledge that information that you submit to the Website or Applications may be accessed by or shared with LOCATE SIGNAL ’s contractors for purposes of performing maintenance on the Website or the Applications.
The Website or the Applications may provide links to other websites or applications and those sites may or may not be under the control of LOCATE SIGNAL. LOCATE SIGNAL is not responsible for the contents or accuracy of any linked site or application or any link contained in any linked site or application, and the inclusion of any link does not imply endorsement. If you decide to access any third-party website or use any other application linked to or referenced in the Websites or the Applications, you do so entirely at your own risk.
9.1 LOCATE SIGNAL may revise this Agreement from time to time. If any updates to this Agreement are unacceptable to you, (i) you should refuse to accept the updated terms proposed by LOCATE SIGNAL, (ii) you must cease use of the Website and Applications, and (iii) you may terminate this Agreement. Your continued use of the Website or the Applications after the date on which the terms of this Agreement have changed constitutes your acceptance of any revised or updated terms and conditions of use. The Website or the Applications would not be made available to you without the limitations set forth herein. As such, by your use of the Website or the Applications you agree that the limitations set forth herein are reasonable and necessary.
9.2 Except as otherwise provided herein, all notices and other communications hereunder shall be provided and deemed delivered pursuant to the terms and conditions of the Privacy Policy.
9.3 The failure of LOCATE SIGNAL to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it later.
9.4 Neither you nor your respective organization may assign its rights or delegate its duties without the prior written consent of LOCATE SIGNAL.
9.5 If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
9.6 Any claim relating to the Website or Applications shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles, and all legal proceedings related to this Agreement or use of the Website or Applications may only be brought in California. You hereby consent to the exclusive jurisdiction of such courts in any such action or proceeding and irrevocably waive any objection based upon inconvenience of the forum or otherwise to venue therein.
9.7 This Agreement and any supplemental terms or related statements also available on the Website through which the Applications are offered, and with which you should also consult, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede any other agreement regarding the Website or Applications or the use thereof.
1. Disruptions in Satellite Services. The provision of Services that utilize third party satellite systems and associated services (“Satellite Services”) to Subscriber relies on the proper functioning of LOCATE SIGNAL ’s own equipment, as well as the proper functioning of the equipment forming the satellite system provided by LOCATE SIGNAL ’s licensor (“Licensor”) and not under LOCATE SIGNAL ’s control. LOCATE SIGNAL ’s obligations to provide Satellite Services to Subscriber is subject to each of the following:
(a) The proper functioning of the satellite system owned by Licensor.
(b) The proper functioning of any third-party gateway operator or terrestrial carrier system relied upon to complete a transmission or call (such as long-distance, roaming, exchange or interconnection providers); and
(c) The availability of capacity on the Licensor satellite system.
2. System Limitations. Be advised of the following constraints on LOCATE SIGNAL ’s ability to provide Satellite Services without disruption:
(a) Each of LOCATE SIGNAL ’s system and the Licensor satellite system is inherently capacity constrained.
(b) Satellite Services may be refused or limited, without liability to LOCATE SIGNAL or Licensor, due to capacity limitations, including capacity limitations due to any repair, testing, upgrade or modification work on either LOCATE SIGNAL ’s system or Licensor’s satellite system.
(c) Emergency access on the Licensor system by public safety organizations may pre-empt Subscribers’ use on the system.
(d) Satellite Services are subject to disruptions and/or deficiencies caused by atmospheric or terrain conditions or in-building conditions.
3. Equipment. All satellite equipment should be operated with a clear view of the sky and no obstructions. Equipment used on the Licensor system may be “Registered Products” or “Certified Products”.
(a) “Certified Products” have been tested to ensure that their performance meets Licensor’s certification performance specifications. LOCATE SIGNAL equipment has been certified for the Licensor system.
(b)“Registered Products” are approved for operation on the Licensor System but have no associated performance requirements.
4. Roaming. Every nation has the sovereign right to specify limits on roaming. It is the Subscriber’s responsibility to be cognizant of, and compliant with any laws or requirements imposed by the location that they roam into, and to confirm that they are allowed to use the equipment in that location. Licensor is not liable for confiscation of equipment, lost revenue, fines, penalties or any other consequences resulting from illegal or disallowed roaming usage.
5. Limitation of Liability. Subscriber acknowledges and agrees that its sole remedy for damages due to any failure, disruption or degradation in Satellite Services shall be limited to the charges imposed for the affected Satellite Services for the period such failure, disruption or degradation occurred. IN NO EVENT SHALL LOCATE SIGNAL OR ITS LICENSOR BE LIABLE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR LOSS OF PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.