Terms & Conditions
PLEASE READ CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS
Subject to the exclusions contained below, Laipac Technology Inc. warrants to the ﬁrst consumer purchaser the Laipac Products (see www.laipac.com for a full list of Laipac Products) to be free from defects in materials and workmanship under normal consumer usage for the period outlined below.
The ﬁrst consumer purchaser agrees that there have been no affirmations of fact, promises, or representations made by Laipac relating to the Products and becoming part of the basis of the bargain. The descriptions of the Products covered by this Limited Warranty are for purposes of reference only, and there is no express or implied warranty that any Products conform to the description.
THIS LIMITED WARRANTY IS A CONSUMERS EXCLUSIVE AND SOLE REMEDY,
and applies as follows to new Laipac Products purchased by consumers in all countries or territories where an authorized Laipac distributor has been appointed, and which are accompanied by this Limited Warranty.
LENGTH OF COVERAGE
One (1) years from the date of purchase by the ﬁrst consumer purchaser of the Product.
Normal wear and tear: Periodic maintenance, repair and replacement of limited-life consumable products (eg wrist band, decal ﬁnishes, batteries and other accessories) due to normal wear and tear are excluded from coverage.
Abuse and misuse: Defects or damage that result from:
- improper operation, storage, misuse or abuse, accident or neglect, including but not limited to physical damage (cracks, scratches, etc) to the surface of the product;
- contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food;
- use of the Products for commercial purposes or subjecting the Products to abnormal usage or conditions; or
- other acts which are not the fault or negligence of Laipac Technology Inc.
are excluded from coverage
Use of non-branded or non-certified Laipac Products: Defects or damage that result from the use of Non-Laipac branded or certified Products, accessories, software, chargers or other peripheral equipment are excluded from coverage.
Use with genuine OEM supplied equipment: Laipac Products are only warranted to work with genuine Original Equipment Manufacturer (OEM) supplied mobile phones and accessories as originally manufactured. Laipac Products are expressly not warranted for use with any tampered or modified third party devices where such modifications have been made without the approval of the OEM or its authorized representatives.
Unauthorized service or modification of Laipac Products: Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, or modification in any way by someone other than Laipac certified engineer, or its authorized service centers, are excluded from coverage.
Altered or modified Products: Products with:
- serial numbers or date tags that have been removed, altered or obliterated;
- broken seals or seals that show evidence of tampering;
- mismatched board serial numbers;
- non-conforming or non-Laipac housings or parts; or
- any other alterations or modifications not approved by Laipac
are excluded from coverage.
Communication devices: Defects, damages, or the failure of Products due to any communication service, device or signal you may subscribe to or use with the Products is excluded from coverage.
WHO IS COVERED?
This Limited Warranty extends only to the first consumer purchaser, and is not transferable.
WHAT WILL LAIPAC DO?
Consumers who believe their Laipac Products are faulty should contact the Laipac authorized service centers outlined below. Products will be confirmed to be faulty by Laipac in its sole judgment, upon testing by Laipac or its authorized service centers. If a Product is found to be faulty under the terms of this Limited Warranty, Laipac will, at its option, repair or replace any Products that do not conform to this warranty. This shall be the consumers’ sole remedy. Laipac reserves the right to use functionally equivalent reconditioned/refurbished/pre-owned or new Products, accessories or parts in the warranty process. No hardware, data, software or applications added to your Product, including but not limited to personal contact details, speed dial numbers, will be reinstalled. To avoid losing such hardware, data, software, and applications, please create a back up or remove the hardware prior to requesting service.
WHAT OTHER LIMITATIONS ARE THERE?
THE REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER. LAIPAC MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED. THIS EXPRESS LIMITED WARRANTY EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY SUCH IMPLIED WARRANTIES, WHICH EXCEED THE AFORESAID OBLIGATION, ARE HEREBY DISCLAIMED BY LAIPAC, AND EXCLUDED FROM THIS EXPRESS LIMITED WARRANTY. THERE ARE NO OTHER WARRANTIES FOR THIS PRODUCT WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR PERTAINING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTY OR CONTRACT FOR SALE, MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL LAIPAC BE LIABLE, WHETHER IN CONTRACT, IN TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY WARRANTY, FOR: (1) DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID FOR THE PRODUCT; (2) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES AND COSTS) OF ANY KIND; (3) ANY LOSS OF REVENUE OR PROFITS; (4) ANY LOSS OF BUSINESS, OR GOODWILL; (5) ANY LOSS OF INFORMATION, DATA, SOFTWARE, APPLICATIONS; OR (6) ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. THE PRICE PAID FOR THE PRODUCT IS A CONSIDERATION IN LIMITING LAIPAC LIABILITY TO REPAYMENT OF NO MORE THAN THE PURCHASE PRICE PAID BY THE CONSUMER.
THE CONSUMER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE, OR INJURY TO ANY PERSON OR PROPERTY ARISING OUT OF USE OR POSSESSION OF ANY LAIPAC PRODUCT COVERED BY THIS LIMITED WARRANTY WHICH IS NOT THE FAULT OR NEGLIGENCE OF LAIPAC.
Some states, countries and jurisdictions do not allow the limitation or exclusion of liability, or incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.
The consumer acknowledges and agrees that he or she has read, or has voluntarily chosen not to read, after being given a reasonable opportunity to do so, the instruction manual for this Product which is available at www.laipac.com or that came with the product either in paper or PDF format prior to use.
The consumer further acknowledges and agrees that he or she has read, or has voluntarily chosen not to read, after being given a reasonable opportunity to do so, the Limited Warranty for this Product.
The consumer acknowledges and agrees to all terms stated within this Limited Warranty.
The first consumer purchaser acknowledges and agrees that he or she shall not be deemed to be a merchant.
Laws in Canada, the United States of America and other countries preserve for Laipac certain exclusive rights for copyrighted Laipac software such as the exclusive rights to reproduce and distribute copies of the Laipac software. Laipac software may only be copied into, used in, and redistributed with, the Products associated with such Laipac software. No other use, including without limitation disassembly of such Laipac software or exercise of the exclusive rights reserved for Laipac, is permitted.
EXPORT LAW ASSURANCES
This Product is controlled under the export regulations of Canada and the United States of America. The Governments of Canada and United States of America may restrict the exportation or re-exportation of this Product to certain destinations. For further information contact the Canadian Department of Foreign Affairs and U.S. Department of Commerce.
TRADEMARKS AND PATENTS
Laipac and other trademarks are trademarks of Laipac and may not be used without permission. The Laipac logo is registered in the U.S. Patent and Trademark Office and globally with the World Intellectual Property Organization under the Madrid protocol.
The Laipac, S911, Star Finder word, mark, and logos are owned by the Laipac Technology, Inc. and any use of such marks by Laipac Technology is under license.
The names of other companies, products and services are the property of their respective owners.
Laipac reserves its rights absolutely on any and all of its patents and patents pending globally.
If any clause or provision of this Limited Warranty is negated because a provision or clause, or application thereof, is held invalid, and such invalidity would change or modify the obligations of the parties as contemplated in light of the assumed validity of such provision or clause, or application thereof, the remainder of this Limited Warranty shall not be affected.
HOW TO OBTAIN WARRANTY SERVICE OR OTHER INFORMATION
In order for you to obtain performance under this Limited Warranty, you must contact one of Laipac customer service centers:
|Canada, USA & Rest of the world||+1 (905) 762-1228 or by email to firstname.lastname@example.org|
A full refund minus shipping is applicable when the products are returned to Laipac with valid RMA within 7 days from the invoice’s shipping date. The products have to be in original packing with all accessories in place.
- After 7 days, the authorized refund will be deducted 20% for restocking fee
- After 30 days from the original shipping date, Laipac will not issue refund for returned products
- All Laipac products have 1 year of standard warranty
For an authorized RMA, customers will receive instructions on how to ship the products to Laipac customer service center. Customers are responsible to prepay the freight to ship the products to Laipac customer service center. The outer box of the returned products must have a label with RMA# obtained from Laipac. No returns will be accepted without a valid RMA number. Laipac will be responsible to prepay the freight to ship back the repaired products to customers. Please be noted that all RMA cases will be processed within 4 weeks.
Last updated & effective date: May 15, 2018
You, an individual or a single company or legal entity and the personnel associated with your business (collectively, “you” or “Customer”), will be granted access to use the Service for your internal business purposes, conditioned upon your purchase of one or more Service subscription(s) (each a “Service Subscription”), which may allow a user to access the Service, and your acceptance of these TOU. If you are agreeing to these TOU on behalf of a company or other legal entity, you represent that you have the authority to contractually bind such entity and its personnel.
USE OF THE SERVICE AND THE SITE ARE OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THE TOU WITHOUT ANY MODIFICATIONS. THE TOU CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (INCLUDING, WITHOUT LIMITATION, SECTIONS 5.4, 10, 11, 12, 14.1, ETC.). THESE PROVISIONS FORM AN ESSENTIAL PART OF OUR BARGAIN.
A current copy of the TOU can be accessed and viewed at any time from the home page of the Site. We recommend that you print and retain copies of the TOU for your records. If you do not agree to the TOU, you agree not to use or access the Service or the Site nor are you authorized to do so.
1. Application Services
1.1 General Description. The Service is an application software-based service. The Service application software is designed to gather and process data and information (“Data”) that you may upload to the Service or that is automatically transferred from Laipac devices that you cause to be activated and to be connected to the Service (“Devices”). After activation of a Service Subscription, the Service will be provided to you and your Authorized Users (defined in Section 3) and the Data will be accessible to you and your Authorized Users with content, functionality, reports and services, as may be changed from time to time. Service Subscriptions require activation. To have them activated you must (i) accept the payment terms and conditions applicable to your Service Subscription, (ii) accept these TOU, and (iii) consent to the transmission and use of the Data generated from your Devices as further described in Section 6.1 below.
The Service may be offered under a variety of Service Subscription plans (“Service Plans”) and, therefore, may be subject to additional terms and conditions either posted at our Laipac Store for the Site or contained in other ordering documentation. The availability of the Service may be affected, inter alia, by planned and unplanned maintenance periods, technology upgrades and as otherwise set forth in these TOU or any description of the Service.
1.2 Third Party Communications Systems
Some features of the Service may require use of a third party communications system, such as internet access, telephonic or other wireless communications, or a satellite-based communication system (each, a “Communications Service”). UNLESS THE COMMUNICATION SERVICE IS EXPLICITLY MADE PART OF A SERVICE PLAN, CUSTOMER SHALL PURCHASE THESE COMMUNICATION SERVICES. LAIPAC HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF THE COMMUNICATIONS SERVICES OR EQUIPMENT FURNISHED BY ANY THIRD-PARTIES. THE PROVIDERS OF SUCH COMMUNICATIONS SERVICES AND/OR EQUIPMENT ARE EXCLUSIVELY RESPONSIBLE FOR SUCH SERVICES AND EQUIPMENT.
1.3 Data Exchange and Third Party Interfaces
The Service may permit the communication, transfer and exchange of data between the Service and certain third-party manufactured devices or systems. Laipac does not exercise control over the form or quality of data generated or transmitted by or to third-party manufactured assets, devices or other third-party developed solutions such as custom reports or interfaces (collectively, “Third-Party Data”). Therefore, if your Services Subscription permits use of the Service data exchange component you understand and agree to the following:
- Data may only be exchanged between the Service application and third-party manufactured assets, devices or systems approved for use with the Service by Laipac;
- Even though Laipac may have approved such use, Third Party Data may not be in a format that may be processed in the Service, and Data may not be in the format to be processed on the third party assets, devices, or systems, and usability or visualization of the data may be impaired.
- Laipac is not responsible for the quality or accuracy of, or the ability to receive, access or use Third-Party Data that may be reported into the Services or Data exported to or through third party manufactured devices or systems or other third party solutions (e.g., custom reports or interfaces), whether a deficiency is due to third-party caused service outages, third-party software interface incompatibilities or failures, or otherwise;
- Laipac may control all Third Party Data transmitted to and from the Service, and may stop or block any Third Party Data that Laipac believes may adversely affect performance of the Service.
2. Nature of Application & Hosting
The Service is hosted by or on behalf of Laipac and includes the Service application software that is licensed under Section 5 below, and third party software or services (to the extent permitted by the third party suppliers) (“Third Party Software/Services”). The Service also may interact with software, which may include firmware, programs or apps run on your Devices. Via the Site, we may make available software or data services of third party suppliers (“Third Party Suppliers”). You acknowledge that the Data and the Service may be transmitted through networks and signals that are not specifically protected or encrypted and where third party interception may be possible. You consent to such transmission and waive any claims that you may have against us with respect to such transmission. Subject to the specifics of the Services Subscription and the Service Plan you may make the Service available to Authorized Users on the basis of several factors including, without limitation, Web access, computer use, assets, operating system, Devices activated and maintained by you, username, password and/or other factors. The Service is subject to change from time to time as further described in Section 8 below, and by accessing or using the Service and the Site, you consent to our adding, changing or removing any services made available in conjunction with or through them.
3. Authorized Users and Use; Limitations.
3.1 Authorized Users. You agree that the Service will be accessed and used only by you. For that purpose you may designate authorized users whom you authorize to access and use the Service (“Authorized User”), always provided that you have purchased a sufficient number of Services Subscriptions for the Authorized Users or Devices connecting to the Services. You agree that the access credential of one of your Authorized Users can only be used by that Authorized User and you shall assure that the access credentials of one Authorized User can only be used by such Authorized User and no other person. Point of delivery for the Service is the Site and, unless Service Plan explicitly entails connection to the Site, connecting to and accessing the Service through Devices and computers or otherwise is within your sole responsibility, regardless of the nature of such connection. We are not responsible for the network connection or for issues, problems or conditions arising from or related to the network connection, including but not limited to bandwidth issues, network outages, firewalls and/or other conditions that are caused by the Web and/or network connection.
3.2 Limitations on Use. Transmission of information using a Device may be subject to legal requirements that may vary from location to location, including radiofrequency use authorization. You must limit use of any Device to those locations where all legal requirements for the use of the Device and the Service communication network have been satisfied. In the event that a Device is used at a location where (i) legal requirements are not satisfied or (ii) transmitting or processing of such information across multiple locations would not be legal, we disclaim any and all liability related to such failure to comply and Laipac may discontinue the transmission of information from that Asset.
4. Registration; Payment
4.1 Customer Account. In order to log on to the Site and use the Service, an account for you will be created and activated and at which time you will be notified by email and provided with instructions on how to complete the registration process. You may create access credentials or connections for you and your Authorized Users and Devices, always subject to you purchasing the sufficient number of Service Subscriptions. In the process of creating the account and access credentials you will be asked to provide Laipac with true, accurate, current and complete registration information in relation to you and your Authorized Users and to update such information as necessary. Should we have reasonable grounds to suspect that any information provided in relation to you or an Authorized User is inaccurate, incomplete or untrue, we have the right to suspend or terminate your or the Authorized User’s right to access and use the Service.
4.2 Site Access & Password; Security. You are responsible for maintaining, and you shall cause all Authorized Users to maintain, the confidentiality of your and your Authorized Users’ usernames and passwords and are fully responsible for all activities that occur on the Site under your designated Authorized Users’ usernames and passwords. We may require you to change your designated Authorized Users’ usernames in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Laipac of any unauthorized use of any Authorized User’s username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session. You are responsible for disabling the accounts of any Authorized User no longer employed by you. You acknowledge that Laipac is not responsible for tracking your Authorized User’s use of the Service, and that Laipac cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
4.3 Payment. You agree to pay all charges and fees in accordance with the payment terms applicable to the Service Subscriptions that you acquire. If data transmission is included in a Service Plan, such transmission may be subject to certain volume limits. You agree to reimburse Laipac for any charges for data transmission in excess of these limits as well as any activation and de-activation charges that may be imposed by the communication service provider because of your conduct in violation of the service provider’s terms and conditions.
5. Grant of License; License Restrictions
5.1 Limited License to Customer. Subject to your compliance with the TOU, the terms of your Service Subscription(s) and payment of all applicable fees, Laipac grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to use the Service application software accessed through the Site for business purposes and purposes otherwise consistent herewith. All rights not expressly granted to you herein are reserved by Laipac and its suppliers and licensors.
5.2 License Restrictions – No Misuse of Services. Your use of the Service is limited to those uses expressly permitted under your Service Subscription and these TOU. As a condition of your use of the Service you agree that you will not use it for any purpose that is unlawful or prohibited by the TOU. We may restrict or cancel the Service to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by us or any other party (including attorney’s fees) as a result of such misuse or fraudulent use. You may not: (i) reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Service, or any Third Party Software/Services; (ii) merge the Service software or Third Party Software/Services with other software; (iii) sublicense, lease, sell, rent, loan, or otherwise transfer the Service or associated software or Third Party Software/Services to any third party; (iv) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for the Service software, Third Party Software/Services or Site; (v) otherwise use or copy the Service or associated software or Third Party Software/Services except as expressly allowed under the TOU, including this Section 5; (vi) use the Service or associated software or Third Party Software/Services in a “service bureau” or similar structure whereby third parties obtain use of the Service or Third Party Software/Services through you; (vii) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Service, associated software, and/or the Site; (viii) damage, disable, overburden, interfere with, disrupt or impair the Service or Site, or servers or networks connected to them, in any manner; (ix) interfere with any other party’s access, use or enjoyment of the Service or the Site in any manner; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations related to export; or (xi) impersonate any person or entity or misrepresent your affiliation with a person or entity.
5.4 Time Limited Service Subscription. In the event that use of the Service provided to you is time limited (such as that provided on a trial basis or to beta testers, resellers and distributors for sales demonstration purposes or to prospective end user customers for evaluation purposes) (the “Time Limited Service”), then you may use the Time Limited Service in accordance with the TOU solely for the purpose for which it is provided to you, and only for the limited period of time specified by Laipac. Laipac may revoke your access to and authorization to use Time Limited Service at any time. In the event that you subsequently acquire a paid Service Subscription, then your continued use of the Service will continue to be governed by the TOU and associated Service Subscription terms and conditions. Resale, transfer or other distribution of the Time Limited Service is prohibited.
6. Consent to Transmission and Use of Data; License and Aggregate Data
6.1 Consent to Data Transmission and Use. Once your Service Subscription and Devices are activated, your Devices gather and transmit Data concerning their conditions and their operation. The Data transmitted is as set forth in the service description and may include, without limitation: location coordinates, speed, address, battery life, distance travelled, g-force, power off, GPS signal, cellular strength, movement, engine hours, compass coordinates, historic locations, geofence alerts, etc.
The Data is transmitted to Laipac or to one or more of its affiliates, and/or your local dealers. In some cases, such as when you acquire your Service Subscription from the manufacturer of your Assets or its dealers, Data may also be transmitted to the Asset manufacturer or its dealers.
Data is transmitted and used for the following purposes: (a) providing Services to you; (b) checking or maintaining Devices; (c) evaluating or improving the Service, the Devices, and/or other products and services; (d) complying with legal requirements and valid court orders, as applicable; (e) performing market research; or (f) developing and offering you new products and services.
We may share some or all of the collected Data with our dealer(s), our affiliates and their dealers, and our vendors worldwide who provide the Services, Devices, or related products and services to you.
By authorizing activation of the Devices, you hereby consent to the transmission, use and transfer of the Data for the purposes and in the manners described above. In addition, with the activation of the account, you consent, and you shall cause the Authorized Users to consent, to the transmission, processing and use of your and the Authorized Users personal data solely for purposes of administering the account, access credentials and other purposes anticipated in these TOU.
6.2 License and Aggregate Data. To the extent that you have any ownership or other interests in the Data, you hereby grant to Laipac, its dealers, its affiliates and their dealers, a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Data, including, but not limited to, using the Data for any internal business purpose, and for the analysis and improvement of the Service, Devices, other products or service capabilities. You hereby acknowledge and agree that Laipac and its affiliates may disclose to third parties aggregate data based upon Data, so long as you and your Authorized Users are not identifiable from the disclosed aggregate data. You further consent to Laipac’s, its affiliates’, their subcontractors’, its business partners and third party providers’ disclosure of the Data, provided that neither you nor any of your designated Authorized Users will be identifiable from any disclosed Data. All other Data and information that is collected, transmitted, recorded, or accessed by or through the Service that is not Data identifiable to you and/or your Authorized Users, and all data, reports, derivative works, compilations, modifications and other materials created from or with use of Data will be, in each case, the sole and exclusive property of Laipac; and you, on your behalf and on behalf of your Authorized Users, hereby assign all of your and their right, title and interest, if any, in and to such items to Laipac without any fees and without rights to future royalties.
7. Privacy and User Data
7.1 To understand Laipac’s general data privacy practices, please review Laipac’s Privacy Statement, which can be viewed at any time from the home page of this Site.
7.2 You acknowledge that the Data may be retraceable to individuals (“Personal Data”). Each time an Authorized User logs on to the Service and the Site, certain information, including the username, will be processed in the Service application software. This information is used to manage the Authorized User’s account, Services and other personalized features. Laipac may match the username to personally identifiable information in order to provide the Authorized User with Services that the Authorized User is entitled to use and to provide relevant Data and information. Additionally, the Service may permit collection of location-based Data in connection with your Devices and the Services provided (“Location Data”) so that the geographic location of the user may be identifiable.
You hereby agree that you shall clearly, conspicuously, and regularly notify all Authorized Users and other personnel, persons or entities using the Service and using your Devices of the foregoing collection, transmission and use of the Data, including any Personal Data and Location Data contained therein; that you have obtained and will obtain all necessary consents from your designated Authorized Users and other personnel, persons or entities using the Service, or Devices who may be affected thereby, and that in doing so you have otherwise complied fully with your obligations under applicable law relating to the transmission and use of personal data. You agree to indemnify, defend and hold harmless each of the Laipac Parties (as defined in Section 10 below) from and against all claims, demands, actions or causes of action arising out of your breach of the foregoing obligations.
7.3 The Service may be administered by Laipac from its offices or those of its affiliates or service providers at various locations within in the United States of America. Laipac may also make use of an affiliate or one or more external service providers to host the Service. Consequently, Data is collected, sent, processed and stored in the United States and may be collected, sent, processed and stored outside the USA. You acknowledge that in the event of conflict of privacy laws or practices in your jurisdiction and those in the domicile of the entity hosting the Service, the law applicable in the domicile of the entity hosting the Service will have precedence at all times.
8 Modification of Services
8.1 Laipac may, at any time, modify, suspend or permanently discontinue the Service or Site, or any portion of them, with or without advance notice. Subject to Section 14.2 below, neither no Laipac Party will be liable to you or to any third party for any such modification, suspension or discontinuance.
8.2 Laipac may modify and update the TOU if circumstances under which the TOU is entered into change following purchase of your Service Subscription, and Laipac will provide you with reasonable notice of any such changes. Your continued use of the Service following the posting of any such changes will constitute confirmation of your acceptance of the updated TOU, unless you notify Laipac in writing within 30 days of the notice that you do not accept them. In that case the TOU in effect at the time of your purchase or last renewal of the Service Subscription (whichever is later) will remain in effect through the remainder of your then current subscription term, unless Laipac, at its option, exercises its right to terminate your Service Subscription(s) in accordance with Section 14.2 below.
9 Network Coverage, GNSS Satellites, Interruption of Service
9.1 You acknowledge that the Services and network access may be subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. To the extent that Devices or other hardware units receive signals from Global Navigation Satellite System (“GNSS”) you further acknowledge that Laipac is not responsible for the operation or failure of operation of any GNSS satellites or the availability of GNSS satellite signals.
9.2 Laipac will not be liable to you or any third party for any loss or damage arising from the Service, or its interruption, transmission errors (including Location Data inaccuracies), downtime of the Service due to maintenance or defects or any other cause, including, but not limited to, interruption caused by the underlying communications system carrier. Laipac does not assume and will not have any liability arising from events beyond Laipac’s control or the control of Laipac’s subcontractors, licensors or business partners, including events such as acts of God, acts of any governmental entity, acts of public enemy, strikes or weather conditions.
10 No Warranties; Customer Responsibility for Devices, Risk of Loss and “Alert” Feature Configuration.
LAIPAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, DEALERS, AFFILIATES AND AGENTS (EACH A “LAIPAC PARTY” AND COLLECTIVELY THE “LAIPAC PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE AND SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE APPLICATION, SITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LAIPAC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (iii) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE APPLICATION, SITE AND SERVICES, AND (iv) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE AND SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; AND (v) THAT YOU WILL ACCESS THE SITE AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.
YOU FURTHER AGREE THAT, IF THE SERVICES ARE USED TO TRACK THE LOCATION; PERFORMANCE; HEALTH AND STATUS OF YOUR DEVICES,YOU ARE SOLELY RESPONSIBLE FOR THE PROPER MAINTENANCE, OPERATION AND SUPPORT OF SUCH DEVICES.NOTWITHSTANDING YOUR USE OF THE SERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED HROUGH IT (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE DEVICES, YOU ASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF SUCH DEVICES. ACCORDINGLY, YOU ARE RESPONSIBLE FOR ANY RISK OF LOSS FOR ANY ASSETS REQUIRED TO COMMUNICATE WITH OR THROUGH THE SERVICE, FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, VEHICLE AND EQUIPMENT FAILURE, THEFT, FIRE, COLLISION, TAMPERING, AND VANDALISM.
WITHOUT LIMITING THE FOREGOING, DUE TO VARIABLES BEYOND LAIPAC’S REASONABLE CONTROL IN RESPECT TO YOUR CONFIGURATION OF THE “ALERT” FEATURE OF THE SERVICES, YOUR USE AND MAINTENANCE OF DEVICES, AND INHERENT POSITIONAL INACCURACIES OF GNSS OR OTHER LOCATION-BASED SERVICES, LAIPAC WILL HAVE NO RESPONSIBILITY OR LIABILITY ARISING FROM ANY THEFT OR OTHER CASUALTY RESULTING FROM THE ERRONEOUS TRANSMISSION OR NON-TRANSMISSION OF ALERT MESSAGES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THE TOU.
11 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE LAIPAC PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THE TOU OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN IF LAIPAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION 11 IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THE TOU AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL LAIPAC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO LAIPAC FOR YOUR ACCESS OR USE OF THE SERVICE WITHIN THE 12 MONTHS PRIOR TO THE EVENT CAUSING THE DAMAGE OR LOSS.THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM A LAIPAC PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
12 Customer Indemnification
UPON OUR REQUEST YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE LAIPAC PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (A) USE OF THE SERVICE OR THE SITE, (B) VIOLATION OF THE TOU, OR (C) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Laipac in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. Laipac may, at it own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Laipac in asserting any available defenses
13 Intellectual Property Rights
13.1 You hereby agree and acknowledge that Laipac and its licensors (and as applicable, Third Party Suppliers) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Service and the Site. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein. Laipac or its licensors, as the case may be, will own all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Laipac, including without limitation assigning (and you hereby assign) to Laipac all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Service or the Site. Notwithstanding the foregoing, Laipac’s Intellectual Property Rights as they pertain to the Data, include only the rights granted to Laipac under Section 5 above.
13.2 You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Service or the Site belong to Laipac or the respective owners of such Marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Laipac or the owner of the Mark, as applicable, is strictly prohibited. Laipac may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Authorized Users who may be infringing the Intellectual Property Rights of others.
14 Suspension, Discontinuation or Cancellation of Service to Customer; Cancellation Fee
14.1 Laipac may suspend your access to the Site and terminate your license to use the Services without liability, if
- violate the TOU, or breach the terms of your Service Subscription(s) or any other valid agreement with Laipac for use of the Service;
- fail to pay Service Subscription fees or other amounts owed when due, (whether due to Laipac directly or to the dealer or distributor through whom you acquired your Service Subscription);
- the Communications Carrier through which you are able to access and use the Service terminates your communications service; or
- Laipac has reason to believe that you, your Authorized Users, any of your agents or any third party is abusing the Service or using it fraudulently or unlawfully.
If you pay Service Subscription fees to the dealer or distributor from whom you acquired your Service Subscription (rather than to Laipac directly) you acknowledge and agree that Laipac may rely in good faith upon the dealer’s or distributor’s notice to Laipac of your non-payment of Service Subscription fees and as a result may suspend your access to the Service and terminate your license to use it without liability. In addition, subject to Section
14.2 below, Laipac may discontinue the Service in whole or in part, and/or cancel your Service account with or without notice for any reason at any time. YOU AGREE THAT NEITHER LAIPAC NOR ITS AFFILIATES NOR DEALERS, NOR ANY OTHER INDIVIDUAL OR ENTITY FROM WHOM YOU PURCHASED OR OTHERWISE ACQUIRED YOUR SERVICE SUBSCRIPTION WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ITS CANCELLATION OR TERMINATION FOR ANY OF THE ABOVE-CITED REASONS EXCEPT AS EXPRESSLY PROVIDED HEREIN. IF YOUR ACCOUNT IS CANCELLED FOR ANY REASON, YOU AGREE NOT TO RE-REGISTER FOR AN ACCOUNT TO THE SERVICE WITHOUT WRITTEN PERMISSION FROM LAIPAC.
14.2 If your Services Subscription and Service account are terminated for Laipac’s convenience and no fault on your part, then you will have no obligation to pay Service Subscription fees for any period following the date of termination, and you will be reimbursed a proportion of the subscription fees received by Laipac based upon the un-lapsed term of the currently active Service Subscription as of the date of termination. You will, however, remain obligated to pay Service Subscription fees for the term of Service Subscription until the date of termination.
14.3 Should you cancel your account and/or the Service Subscriptions in whole or in part, or if we cancel or terminate your account and Service Subscription(s) due to your violation of the TOU, breach of the terms of your Service Subscription or any other valid agreement with Laipac, or your insolvency, bankruptcy (or similar action or proceeding), or your ceasing to do business in the ordinary course, you will be charged a cancellation fee equal to the amount of the subscription fee charges payable through the remaining term of your then currently active Service Subscription(s). Any such cancellation charges will become immediately due and payable.
14.3 Deletion of Customer Data
Laipac has set forth data retention limits in its service description, and if no such limit has been defined 13 months after upload into the Service. Laipac may permanently delete any and all information, Data and content maintained in or under your account from its servers after that period of time and upon any termination of the Service or your Service Subscription. Laipac accepts no responsibility for such deleted information, Data or content.
15 Deletion of Customer Data
Laipac has set forth data retention limits in its service description, and if no such limit has been defined 13 months after upload into the Service. Laipac may permanently delete any and all information, Data and content maintained in or under your account from its servers after that period of time and upon any termination of the Service or your Service Subscription. Laipac accepts no responsibility for such deleted information, Data or content.
The Service is administered by Laipac from its offices or those of its affiliates at various locations within Canada and United States of America. Laipac makes no representation that Services are appropriate or available for use in locations outside Canada or United States, and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Service or its content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Canadian export laws and regulations. If you choose to access the Service from locations outside Canada and United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
17 Notices and Electronic Communications
When you visit the Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may update your e-mail address by visiting the location on the Site where you have provided contact information. If you do not provide Laipac with accurate information, Laipac cannot be held liable if it fails to notify you. You may have the right to request that Laipac provide such notices to you in paper format, and may do so by contacting Laipac Technology Inc. , Attention: Customer Service, 20 Mural St. Unit 5, Richmond Hill, Ontario L4B 1K3 Canada, Email: email@example.com Any other communications should also be sent to that address.
Should you choose to respond to Laipac or its vendors with comments, questions, suggestions, ideas or the like relating to this Web site or the products and services available through this Web site, you agree that such information will be considered non-confidential, that neither Laipac nor its vendors will have an obligation to respond to your communications, and that either will be free to reproduce, use, disclose and distribute the information to others without limitation (including for developing, manufacturing, and marketing products and services incorporating such information) without liability to you or any other party for payment or other compensation.
18 U.S. Government Restricted Rights [Applies only to U.S. Government Licensees]
The Service application, Site and the Services, their content and other materials, are deemed “commercial computer software” and “commercial computer software documentation” pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and any successor sections). Use of the Service and the Site including, but not limited to, its reproduction and display, by the United States of America and/or any of its instrumentalities, regardless of form, is governed by the TOU.
19 Choice of Law and Forum
The TOU is/are governed by and construed in accordance with the laws of the Ontario province and applicable Canada federal law, without reference to “conflicts of laws” provisions or principles. You hereby consent and agree to the exclusive jurisdiction of, and venue in, the province of Ontario Canada. Notwithstanding the foregoing Laipac may choose to file a complaint against you or take any other legal action (including, without limitation, requesting injunctions or immediate relief in summary proceedings) against you before any competent court in your jurisdiction for any claim or action arising out of or relating to the TOU or your use of the Service.
Use of the Service is subject to the Canada Export Administration Regulations. You agree to the following: (a) you are not a citizen, national or resident of, and am not under the control of, the government of Iran, North Korea, Syria, Sudan nor any other country to which the Canada has prohibited export; (b) you will not export or re-export materials from the Site, directly or indirectly, neither to the above mentioned countries nor to citizens, nationals or residents of those countries; (c) you are not listed on Canada and United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers; (d) you will not export or re-export Site materials, directly, or indirectly, to persons on the above mentioned lists; and (e) you will not use the Site and Site materials for, and will not allow the Site and Site materials to be used for, any purposes prohibited by Ontario law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
21 General Provisions
The TOU, the terms of your Service Subscription and/or any other valid agreement between you and Laipac for use of the Service, constitute the entire agreement between you and Laipac and govern your use of the Service and Site, superseding any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Laipac with respect to the subject matter hereof. No change, modification, or waiver of the TOU, will be binding on Laipac unless made in writing, with Laipac’s approval. Any rights not otherwise expressly granted under the TOU are reserved by Laipac and its licensors. The failure of Laipac to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Laipac, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and/or your Service Subscription must be filed within one (1) year after such claim or cause of action arose or be forever barred. Mention of products or services other than those of Laipac is for information purposes only and constitutes neither an endorsement nor a recommendation.
22 Official Language
The official language of the TOU is English. For purposes of interpretation, or in the event of a conflict between English and versions of TOU in any other language, the English language version shall be controlling.