1.1.C3LS SHALL NOT BE LIABLE FOR INTERRUPTIONS IN, OR INTERFERENCE WITH, THIRD PARTY TELECOMMUNICATIONS CARRIERS CELLULAR, SATELLITE, TERRESTRIAL, OR OTHER TRANSMISSIONS OVER WHICH C3LS HAS NO CONTROL, i.e., FOR TRANSMISSION LIMITATIONS OR ERRORS CAUSED BY NETWORK CONGESTION, WEATHER, ATMOSPHERIC CONDITIONS (I.E., SPACE DEBRIS, SOLAR FLARES, AND OTHER ATMOSPHERIC ANOMALIES OR DISTURBANCES), MAGNETIC INTERFERENCE, TERRAIN, STRUCTURES, LOCALIZED “GAPS” IN TELECOMMUNICATIONS NETWORK COVERAGE, CIVIL DISTURBANCE, TERRORISM, “ACTS OF GOD”, OR OTHER NATURAL OR ARTIFICIAL CONDITIONS OVER WHICH C3LS HAS NO CONTROL. CUSTOMER ACKNOWLEDGES C3LS’S RIGHT TO ALLOCATE ACCESS TO TELECOMMUNICATIONS NETWORKS IN THE EVENT OF NETWORK CONGESTION OR EMERGENCY PREEMPTION BY GOVERNMENTAL AUTHORITIES.
1.2.CUSTOMER AGREES THAT IN VIEW OF TECHNOLOGICAL LIMITATIONS INHERENT IN WIRELESS TRANSMISSIONS, NEITHER C3LS NOR ANY THIRD PARTY FURNISHING EQUIPMENT, SOFTWARE, FIRMWARE, OR SERVICES TO C3LS CAN GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS TRANSMISSIONS, AND THEREFORE NEITHER C3LS NOR ANY THIRD PARTY IS LIABLE FOR ANY LACK OF PRIVACY OR SECURITY RELATING TO USE OR APPLICATION OF EQUIPMENT OR C3LS SERVICE.
1.3.C3LS SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF CUSTOMERS, END USERS, OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CELLULAR, SATELLITE, OR TERRESTRIAL TELECOMMUNICATIONS CARRIER OR ENTITY FURNISHING EQUIPMENT, SOFTWARE, FIRMWARE, OR SERVICES TO C3LS, DISTRIBUTORS, DEALERS, AGENTS, CUSTOMERS, END USERS, EMERGENCY MANAGEMENT SERVICES, LAW ENFORCEMENT AGENCY, OR ANY OTHER GOVERNMENTAL AUTHORITY, NOR SHALL C3LS BE LIABLE FOR ANY DAMAGES ATTRIBUTABLE, IN WHOLE OR IN PART, TO THE FAILURE OF SAID EQUIPMENT, SOFTWARE, FIRMWARE, OR SERVICES. C3LS IS NOT LIABLE IF SERVICE BECOMES UNAVAILABLE OR IS INTERRUPTED BECAUSE A CARRIER TERMINATES ITS AGREEMENT WITH C3LS, SUSPENDS OR STOPS PROVIDING SERVICE TO C3LS, EXERCISES ITS RIGHT TO PREVENT CUSTOMER, OR AN END USER FROM RECEIVING OR UTILIZING SERVICE, CHANGES ITS TECHNOLOGY. OR DOES ANYTHING THAT CAUSES C3LS OR CUSTOMER’S EQUIPMENT OR SERVICE TO BECOME INCOMPATIBLE WITH ITS TECHNOLOGY.
1.4.TO THE EXTENT CUSTOMER INTEGRATES, INCORPORATES, OR COMBINES SOLUTIONS WITH THIRD PARTY PRODUCTS, SERVICES, OR APPLICATIONS, CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT ANY SUCH COMBINATION OR APPLICATION OPERATES AS INTENDED. C3LS EXPRESSLY STATES THAT C3LS SOLUTIONS ARE NOT OFFERED AS A GUARANTEED SAFETY OR LIFE SERVICE PRODUCT. IN THE EVENT C3LS PROVIDES ANY C3LS SOLUTIONS OR OTHER ASSISTANCE, SUPPORT, OR SERVICE TO EMERGENCY RESPONSE AUTHORITIES, ETC., CUSTOMER ACKNOWLEDGES AND AGREES THAT ALL LIMITATIONS OF LIABILITY STATED IN THIS AGREEMENT APPLY.
1.5.C3LS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER C3LS WAS ADVISED OF, OR COULD HAVE REASONABLY FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL C3LS’S TOTAL, CUMULATIVE, AGGREGATE LIABILITY TO CUSTOMER, FOR ANY DAMAGES OF ANY NATURE, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO C3LS FOR SERVICES HEREUNDER DURING THE NINETY (90) DAY PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO THE SUBJECT CLAIM(S).
9.0 ADDITIONAL TERMS AND CONDITIONS
9.1 It is understood and agreed that you accept without malice or prejudice these terms and conditions. We have retained the right to change these terms and conditions without notice, and you agree to be obligated by any such (reasonable) changes. Please read this agreement and keep a copy for safe keeping, you may need it for information to assess legal procedures related to any disputes that may occur and will have to be agreed on by legal counsel or by binding arbitration.
9.2 The DEVICE is designed to be used globally with the proper SIM card and corresponding connectivity and is not to be considered a substitute for 911 Emergency Service, whereas 911 only works in the USA. Other Countries may be obligated to use Guard Services. If 911 should be dispatched by an Emergency Response Center, there could be a delay in the reaction time reaching 911 Emergency Services. All Emergency Services will require a certain amount of time for everyone involved in the procedure to respond to them in a timely manner.
9.3 The DEVICE will work only if; your account is current, your device battery is charged, (The device is turned on), and has the proper SIM card and the proper network access. Your DEVICE may not function properly in some remote or compromised areas. You agree that once you sign up for service, an Emergency operator will be able to remotely track your approximate location whenever your device is turned on and that we are obligated to give this information to third party service providers in case of an Emergency or service incident, that needs to have attention. We cannot guarantee that we can track your exact location at all times and in some cases, we may only be able to provide the information provided from your personal records, or from a cell tower located near the incident.
9.4 You agree not to use the Emergency Service for any reason other than the service that it was intended to be used for, or in any way that may interfere with the services provided to our other customers. If you participate in any actions that are illegal or in any way interfere with the operating system you agree that you will be responsible for any liability claims that occur plus any expenses legal or otherwise resulting in whole or in part from your actions.
9.5 You are responsible to pay for any Emergency services charges and (unless the law provides otherwise) It is understood that you are also responsible for paying all charges directly or indirectly for any services provided to you by others (such as emergency service providers, or to your cellular carrier).
9.0The Device will work only if;
The Emergency response service, will work only if your account is current, your device battery is charged, (The device is turned on), and has the proper sim card and the proper network access. Your Companion may not function properly in some remote or compromised areas. You agree that once you sign up for service, an Emergency operator we will be able to remotely track your approximate location whenever your device is turned on and that we are obligated to give this information to third party service providers in case of an Emergency or service incident, that needs to have attention. We cannot guarantee that we can track your exact location at all times and in some cases, we may only be able to provide the information provided from your personal records, or from a cell tower located near the incident.
9.1 Your use of emergency response services;
9.2 You agree not to use the Emergency Service for any reason other than the service that it was intended to be used for, or in any way that may interfere with the services provided to our other customers. If you participate in any actions that are illegal or in any way interfere with the operating system you agree that you will be responsible for any liability claims that occur plus any expenses legal or otherwise resulting in whole or in part from your actions.
9.3Your obligation relative to disputed charges;
9.4 If you object to any fees or charges for services, you must tell us in writing within 45 days after the charge is incurred, or you are automatically waiving the rights to the dispute.
9.5Your obligation is to pay for Taxes and Government fees;
9.6 You agree to pay all federal, state and local taxes, and other fees and service charges that are required by law to collect and remit to the government from the services provided for you. These charges may change from time to time without notice.
9.7 You understand and agree that you are 100% responsible for others who use your Device;
9.8 You are solely responsible for any and all uses of the services associated with your device, even if you are not the one using it. Additionally if you later claim the use was not authorized. You are still 100% responsible for the services that have been authorized by you. You agree that our emergency responders may share your personal information with any authorized person, calling the service or the call in numbers on your behalf.
9.9 Your contract will stipulate clearly and place usage limits for your Device. If we place usage limits for a service, and you then use such service more than that specified by the limited amount, we will automatically charge you at our then current rate for your excessive usage of the limit amount specified. You agree that we may use any credit or debit card or other payment method of yours that we have on file for payment of such overage charges.
9.10 Interactions with emergency responders;
9.11 We may record and monitor conversations between you and our service agents, Emergency service providers, the police, or other third parties. Please note that our agents may also remain on the line if they conference in a third party to assist in completing a service request. Please understand that the company is not required to release any audio or physical records that are created as part of our service without a subpoena (unless otherwise required by law). We will do our best to accommodate you, If English is not your first language and you require translation services, we cannot guarantee the availability, timely manner or competence of a third party translator.
9.12 Interactions with other service providers;
9.13 Our agents may link, conference or transfer you to other service providers such as the Police, Fire Department, Ambulance service, 911 Emergency services, or for concierge or towing services. Our operators will use reasonable efforts to contact appropriate service providers for help when you need or ask for it. We cannot guarantee that any service providers will respond in a timely manner or at all. Furthermore, C3LS can’t guarantee that we will provide the best service provider or guarantee any level of service from a third party service provider. The laws in some jurisdictions’ require an emergency situation to be confirmed before emergency service providers will dispatch service. We will not contact Emergency service providers in these locations in response to your call if we cannot verbally hear and verify your request for assistance, or otherwise confirm that an emergency exists. We will attempt to have an agent contact you after you/we have completed a 911 call to make sure that you do not need additional assistance but the company cannot guarantee full service in all cases or for proper functionality for every device in service.
9.14 About the software;
9.15 C3LS, requires software usage access on your Device that we may need or want to change from time to time. We may do this remotely, over the air (OTA) or through a third party service provider without notifying you first. You do not own the software or can you acquire any rights to use or modify the software on your own.
9.16 Additionally, we may elect to terminate your service without prior notice to you for a variety of reason. This means, for example, we can terminate your service immediately if you 1) breach any part of this agreement, 2) you haven’t paid amounts that are due to C3LS, 3) interfere with our efforts to provide service, 4) interfere with our business, 5) or if your service or wireless phone number is used for illegal or improper purposes. 6) You do not have any right to have service reactivated, even if you cure any or all of the problems. Whether we allow you to have service again will be entirely up to C3LS’s discretion. We have the right to suspend you’re services for any reason. We also retain the right to suspend your service, for network or system maintenance or improvement, or if there should be network congestion, or if we suspect the service is being used for inappropriate reasons, any of those actions will allow us the right to terminate your service.
9.17Limitations of Liability
9.18 You and C3LS are each waiving important rights. Unless forbidden by law in a particular state, both parties agree as follows: 1) we are not liable for the actions or inactions of any service provider we contact for you, or for our inability to contact any service provider in any particular situation. 2) We are not liable to you for any injuries to persons or property arising out of or relating to your use of the Device or the Get Smart services. 3) The maximum liability to you under any circumstance (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or product liability) is limited to an amount equal to the portion of the charges to you for the services remaining for the period of service during which such damages occur. 4) Unless otherwise provided in this agreement, your maximum liability to C3LS under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or product liability) is limited to any charges due and owing by you to C3LS. 5) Neither you nor C3LS can recover punitive damages, treble, consequential, indirect, or special damages, or attorney’s fees. You and C3LS agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement. 6) No one is liable to you for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, buildings, hills, tunnels, network congestion, weather, or any other disasters we do not control. 7) notwithstanding anything else in this agreement, you agree to excuse any non-performance by C3LS or any service provider caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility, shortage, or other causes beyond the control of us or our service providers. 8) you agree that neither C3LS nor any of the services or the provider who sends you data or information from/through the Device, is liable for any errors, defects, problems, or mistakes in that data or that information it provides. 9) you agree that the limitations of liability and indemnities in this agreement will survive after the agreement has ended. These limitations of liability apply not only to you, but to anyone using the Device device on your behalf, or to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your Device. Some states do not allow an exclusion or limitation of incidental or consequential damages of certain other damages, some of the limitations listed may not apply to these situations.
9.19 Governing Law
9.20 To the fullest extent permitted by law and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of Florida, in accordance with the Federal Arbitration Act, without regard to its conflict of law and by any applicable tariffs, wherever filed.
9.21 Our Relationship With You
9.22 This agreement does not create any fiduciary relationships between you the user and C3LS. It does not create any relationship of principal and agent, partnership, or employer and employee, as well.
9.23 We Can Assign This Agreement
9.24 C3LS can assign this agreement or your obligations to pay it in whole or in part to anyone we designate. You cannot assign this agreement or obligations to it, to any other person or entity without our prior written consent.
9.25 This Is The Entire Agreement
9.26 This agreement is the entire agreement between you the user and C3LS. It supersedes all other agreements or representations, oral or written, between the parties, past or present, and may not be amended except in a written document signed by C3LS. If any part of this agreement is considered invalid, the rest of it will remain enforceable. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some instances, we might decide to provide you service voluntarily even if you the user would not otherwise qualify. This will not be a waiver or require us to repeat this service again.
9.27 Monthly subscription charges;
9.28 To subscribe to the Get Smart services, you will be charged a recurring monthly subscription service fee, plus any applicable taxes. As a reminder, you can use your Device as much as required but C3LS will place usage limits in cases of excessive use of the service. There is a fee associated with activating your service and there will be a fee when it is re-activated. Your Get Smart and it’s services will not work outside of the United States, but the Device will work globally if it has the proper Sim Card and related network connectivity.