Terms and Conditions
General Terms and Conditions for Use
Notice to User: Please read THESE TERMS AND CONDITIONS carefully. by accessing, browsing and/or using THE Web Site YOU ARE CURRENTLY VIEWING (the "Site"), you acknowledge that you have read, understand and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. if you do not agree to these terms and conditions, do not subscribe to or attempt to use the services provided by ACR Electronics, Inc. (the "Company" OR "acr"). these terms and conditions include the privacy statement for THE SITE, which is incorporated into these terms and conditions by reference. by accessing this site or becoming a subscriber FOR SERVICES (AS DEFINED BELOW), you consent to have these terms and conditions and the privacy statement provided to you in electronic form.
AMENDMENTS TO TERMS AND CONDITIONS OR PRICING
ACR may change these Terms and Conditions or the pricing relating to your subscription at any time. When ACR makes changes to the Terms and Conditions, ACR will give notice to you by posting the revised Terms and Conditions on the Site. When ACR changes the pricing with respect to your subscription, it will do so by posting revised prices on the Site. Pricing changes will be effective immediately, unless otherwise specified. You accept responsibility for being fully informed of the changing content on the Site. If ACR makes changes that are not acceptable to you, you may terminate the Agreement without charge by giving written notice of termination to ACR within 30 days after the date the unacceptable change was posted on the Site. If you do not give written notice within 30 days, you accept the change effective on the date of its posting. Notwithstanding anything to the contrary contained herein, if you and ACR agree in writing to modify any subject addressed by these Terms and Conditions, such agreement shall supersede these Terms and Conditions.
Correcting and Updating
ACR may need to contact you directly so as to provide you with information relating to the Services. ACR offers users the ability to change certain personal identifiable information collected during the sign up process. You are solely responsible for keeping such information up to date.
Notwithstanding anything to the contrary contained herein, ACR reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, for any reason and without notice.
Purchasing a subscription for services relating to your 406 MHz beacon on this site is strictly voluntary, and is not a substitute for registering your 406 MHz beacon with your proper national authority. Registering your beacon is mandatory. In the United States, failure to register, re-register, or to notify NOAA (U.S.A. national authority) of a change in the status for a USA coded 406 MHz beacon could result in penalties and/or fines being issued to the owner by the federal government. You can find further information regarding the registration process, including where to register your 406 MHz beacon, at http://www.beaconregistration.noaa.gov.
Outside the United States, you MUST register your non-USA coded 406 MHz beacon with the appropriate national authority. If purchased outside the United States, your beacon was most likely properly coded with the country code of your primary residence and registered with the appropriate national authority by your local dealer. Your local dealer can advise you on this if you have questions, or you may contact ACR's Customer Service Department at +1-954-981-3333, ext. 2111 or 1-800-432-0227, ext. 2111.
Notwithstanding anything to the contrary contained herein, ACR shall not be liable in any respect in the event you fail to properly register your beacon with any entity or authority.
If you do not subscribe to the services offered on the Site (the "Services") for a specific period of time, you agree to subscribe for the Services for a term of 12 months starting on the date of subscription.
All subscriptions for Services shall be prepaid in full by credit card. Your subscription will automatically renew at the end of the applicable term for a new term that is the same as the initial one and your credit card shall be charged the applicable price unless you cancel by notifying ACR no later than 30 days after such automatic renewal. When required by law, ACR will provide you with advance notice of the renewal of your subscription.
Prepayments are non-refundable unless ACR elects, in its discretion, to discontinue providing the Services, in which event you will receive a pro rata refund for the unused portion of your subscription, which refund will be your sole remedy.
Should you be utilizing a promotion code, you agree to the terms of the promotion, including any time limitations. You agree to provide your valid credit card information for any additional service beyond the promotional period.
By authorizing ACR 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 credit card.
SMS TEXT RATES
In the United States and Canada, standard SMS text rates apply. For areas outside of the United States and Canada, ACR may not offer SMS text messaging to a cellular phone at the standard fee. [SHOULD THIS PROVISION STATE THAT THE CELLULAR PHONE PROVIDER (NOT ACR) MAY NOT OFFER SMS TEXT MESSAGING AT STANDARD RATES OUTSIDE THE U.S.?] ACR or its partners [WHAT DO YOU MEAN BY PARTNERS?] may be able to provide SMS text outside of the United States or Canada, but this service will be in addition to the standard fees charged for subscription.
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites (collectively, "Linked Sites"). The Linked Sites are not under the control of ACR and ACR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACR of the site or any association with its operators.
USE OF SITE; NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to ACR that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Without the express prior written authorization of ACR, you may not:
- Use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
- Use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this Site, server or activities conducted therein;
- Take any action that imposes an unreasonable or disproportionately large load on this Site or its network infrastructure or that adversely affects our services or other customers;
- Decompile, reverse engineer, modify or disassemble any of the software in or associated with this Site and/or server; or
- Otherwise exceed your limited access to the Site as authorized by ACR.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ACR has no obligation to monitor the Communication Services. However, ACR reserves the right to review materials posted and to remove any materials in its sole discretion. ACR reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ACR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ACR's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACR does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ACR spokespersons, and their views do not necessarily reflect those of ACR.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ACR OR POSTED ON THE SITE
ACR does not claim ownership of the materials you provide to ACR (including feedback and suggestions) or post, upload, input or submit to the Site (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACR, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. ACR is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at ACR’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
NO WARRANTIES; LIMITATION ON LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. ACR MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF acr (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE amount you PAID acr to OBTAIN THE SERVICES.
THE BEACON TESTING AND MANAGEMENT SERVICES PROVIDED BY THIS WEB SITE ARE EXPLICITLY FOR TESTING 406MHz BEACONS, AND ARE NOT TIED INTO THE NATIONAL OR INTERNATIONAL SEARCH AND RESCUE NETWORK. ACR AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR, AND WILL NOT, ALERT, FORWARD OR NOTIFY THE RESPONSIBLE SAR AUTHORITIES IN THE EVENT OF IT DETECTING A REAL ALERT FROM ANY BEACON, OR BEING ADVISED OF A REAL ALERT AND OR EMERGENCY BY ANY MEANS.
Specifically, neither ACR nor its affiliates guarantee that the beacon testing or data storage and retrieval parts of this Site and related services will be uninterruptible or error free, nor will ACR be liable for:
- Any data entry errors made by a user of this site while entering key personal or beacon data (such as the 15 character Uniform Identification Number (UIN)).
- The failure of any 406 MHz Beacon "Self Test" to either transmit a signal or for this signal to be picked up by the satellites in the Cospas-Sarsat network or for this signal to be received and correctly decoded by ACR's hardware components and software services.
- The incorrect storage or processing of either customer provided data or received data from the Cospas-Sarsat satellite network.
- The failure of any notification service, whether web based, by email, by SMS messaging or by any other means of communication to advise the customer of the outcome of any test or use of the services provided by ACR.
- Any failure to provide data (such as alert notification, contact details, medical conditions or trip plans) to the rescue services in the event of an alert, whether false or real, or for any failure of the rescue services to make use of any such data that is supplied.
If you have any questions relating to these Terms and Conditions, your subscription or the Services, please contact ACR's Customer Service Department at +1-954-981-3333, ext. 2111 or 1-800-432-0227, ext. 2111. [TO BE REVIEWED BY CLIENT. PLEASE INDICATE PREFERENCE FOR CONTACT. EMAIL OR PHONE?]
To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts of the State of New York sitting in the County of New York and of the United States for the Southern District of New York in all disputes arising out of or relating to the use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACR as a result of these Terms and Conditions or use of the Site. If any part of these Terms of Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions and your subscription constitute the entire agreement between you and ACR with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ACR with respect to the Site.
You may not assign or sublease any of your rights relating to your subscription without ACR's prior written consent. ACR shall have the right, at any time, to assign any of its rights or obligations relating to your subscription or these Terms and Conditions to a third party or affiliate.
The copyright in all material provided on this Site, including, but not limited to, text, graphics, images, audio or video clips, photographs or other materials, is held by ACR or by the original creator of the material. Except as otherwise provided herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ACR or the copyright owner; provided, however, that permission is granted to display and download the materials on this Site for personal, non-commercial use only so long as the materials are not modified and all copyright and other proprietary notices contained in the materials are retained.
The trademarks, service marks, trade dress and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ACR and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. You may not "frame" or "link" to the Site, or use any of the Trademarks as metatags or "hidden text," without ACR's prior written consent.
RESERVATION OF RIGHTS
All rights not expressly granted herein are hereby reserved.
©2013 ACR Electronics Inc.
All rights reserved worldwide.