SOMEWEAR LABS CUSTOMER TERMS AND CONDITIONS
In these Somewear Customer Terms and Conditions (the “Agreement”) between you and Somewear Labs, Inc. (“Somewear”), you’ll find important information about your Somewear Global Hotspot hardware (the “Somewear Device”), software and services (the “Somewear Services”).
THIS AGREEMENT APPLIES (I) TO PERSONAL, RECREATIONAL, NON-COMMERCIAL SUBSCRIBERS OF SOMEWEAR DEVICES AND SERVICES IF ENTERED INTO BY AN INDIVIDUAL, OR (II) FOR THEIR INTERNAL USE ONLY, GOVERNMENT, COMMERCIAL OR BUSINESS SUBSCRIBERS OF SOMEWEAR PRODUCTS AND SERVICES, IF ENTERED INTO BY A CORPORATION OR GOVERNMENTAL ORGANIZATION. USE BY GOVERNMENT, COMMERCIAL AND BUSINESS SUBSCRIBERS IS LIMITED AS SET FORTH IN THIS AGREEMENT.
THE SOMEWEAR DEVICES AND SOMEWEAR SERVICES MAY ONLY BE USED BY LEGAL RESIDENTS OF THE UNITED STATES AND CANADA.
PLEASE READ THESE LEGAL NOTICES CAREFULLY. BY USING THE SOMEWEAR DEVICES, SOFTWARE AND SERVICES, YOU ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, INCLUDING ANY LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE SOMEWEAR SERVICES OR ANY RELATED SOFTWARE.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SOMEWEAR’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3.6 BELOW.
1.0 YOU UNDERSTAND AND AGREE THAT:
of the Somewear Service (including data plans) to which you subscribed. The term of the Agreement starts when you first activate your Somewear Service for any Somewear Device. The “Somewear Device” is defined to include the Somewear Global Hotspot, any replacement products and/or any associated software.
1.2 Changes. PLEASE NOTE THAT THIS AGREEMENT AND THE SOMEWEAR SERVICES ARE SUBJECT TO CHANGE BY SOMEWEAR IN ITS SOLE DISCRETION AT ANY TIME. Somewear will post notice of any such changes at www.Somewearlabs.com/legal. If Somewear makes changes that are not acceptable to you, you may terminate the Agreement without additional charge at any time after your first 30 days of service. You remain responsible for charges up to the date of termination. PLEASE REGULARLY CHECK THE SOMEWEAR WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1.3 Mobile Device and Cellular Data Plan Required. A mobile device and/or cellular data plan are required to use most functions of the Somewear Device. You will need to download the Somewear mobile device software to you mobile device. You are responsible for all data charges for your mobile device, including charges in connection with your use of the Somewear Device. A mobile device and cellular data coverage is required in order to initiate the Somewear Device and certain Somewear Services, so please be sure that your mobile device has sufficient batteries at all times while you are using your Somewear Device or the Somewear Services.
1.4 Coverage. You may use your Somewear Device anywhere there is coverage (subject to any
applicable restrictions due to export laws, embargos local laws, licensing requirements and regulation, including use, export, import or transfer in accordance with U.S. and Canadian laws).
1.5 Coverage Limitations. Services may become limited or temporarily unavailable without notice from time to time. Somewear does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and the satellites, nor does Somewear own or control the GPS Satellite Constellation, and cannot be responsible for any Service interruptions that are associated with those satellite systems or ground stations and the interconnecting networks. Nor does Somewear own or control the cell phone and email service providers who receive the email and SMS messages generated from Somewear Devices, and are not responsible for any delays by the email and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the satellite systems; (ii) the condition of the satellite systems and ground stations; (iii) the condition of your Somewear Device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Somewear’s or the satellite systems’ control.
1.6 Personal Use. The Somewear Services provided under this Agreement are for personal, recreational, non-commercial use only. You may not sell, rent, lease or otherwise charge for the Somewear Device and/or Somewear Services or any information or services associated with or derived from Somewear Device or Services. Your Somewear Device and its associated communication and SOS services are not authorized to be used in a commercial or business environment under the terms of this Agreement.
1.7 Misuse. You agree that you will not use the Somewear Services or the Somewear Device (1) to abuse or misuse the SOS Emergency services, (2) to utilize your Somewear Device for the commercial tracking of assets and/or personnel or anyone other than you, (3) to send messages that are offensive, defamatory, abusive or obscene or intended to harass, (4) for any purpose in violation of law, (5) in any manner that infringes or misappropriates third-party rights, or (6) in any manner which overloads or unreasonably interferes with the Somewear Services or the Satellite Systems. You agree to use the Somewear Services only with the Somewear Device and not to use any other equipment in connection with the Somewear Services unless expressly approved by Somewear. Failure to adhere to these restrictions may result in termination of this Agreement by Somewear. You agree that you will not attempt to unlock or modify, or reverse engineer your Somewear Device in order to modify it or render it capable of performing functions outside the approved Iridium network described in this Agreement, for the purpose of re-selling the Somewear Device to a third-party, or for any purpose otherwise not permitted by this Agreement.
1.8 Iridium Limited Warranty and Limitation of Liability. The Somewear Device requires use of the Iridium satellite network in order to provide the Somewear Services. Your use of the Somewear Device is subject to Iridium’s terms and conditions, including the Iridium Limited Warranty (including, but not limited to, the stated Exclusions; disclaimers; Conditions of Use and Limitations of Liability; Warranty Claim Process; and Privacy and Data Security), available and set forth at http://www.iridium.com/Warranties.aspx.
2.0 SOMEWEAR SERVICES
To utilize your Somewear Global Hotspot and its services, including the SOS Emergency Services, you must subscribe to an Iridium satellite Data Plan through Somewear. Collectively, all of the Services presented in this Section 2 are referred to throughout this Agreement as “Services”. You acknowledge and agree that the form and nature of the Somewear Services may change from time to time without notice to you.
2.1 Text messaging. Text messages are up to 160-character custom text messages that can be transmitted to a person or persons designated by you. Designated persons may include your personal contacts, GEOS, and /or other email and /or phone numbers designated by you as recipients. You are solely responsible for any data or content that you send via text messaging, including any consequences of such messaging.
2.2 Weather forecasts. The Somewear Device utilizes a third party service for weather forecasting. To the maximum extent permitted by applicable law, Somewear does not guarantee that the information displayed on the Somewear website or Somewear Device is 100% accurate and does not make any representations, guarantees, or warrantees regarding the correctness, accuracy, adequacy, usefulness, timeliness, or reliability of such information. You acknowledge that all decisions made using weather information on the Somewear websites and/or Somewear Device will be your sole responsibility.
2.3 Location sharing and tracking. Use of tracking must be for personal, recreational, non-commercial use. Unauthorized commercial use will result in additional charges. Tracking services are not intended for and may not be used for tracking of enterprise assets and/or personnel or any person other than you. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. Successful transmission of location coordinates are subject to proper use of the Somewear Device inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the Satellite Systems; (ii) the condition of the Satellite Systems and ground stations; (iii) the condition of your Somewear Device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Somewear’ or the satellite systems’ control.
2.4 SOS Emergency
The SOMEWEAR LABS SOS Emergency services shall be subject to the terms below as well as the terms of the contracted third party SOS emergency monitoring services provider, GEOS (“GEOS”), located at http://www.geosresponse.com/service-agreement.html.
2.4.1 SOS Emergency. Your Somewear Service (including data plan) includes SOSEmergency service. Somewear has contracted with a third-party provider, GEOS, to provide SOS emergency monitoring services. Provision of SOS Emergency services is subject to the terms of this Agreement. Somewear reserves the right to disclose personal and location data to its third-party service providers, and/or to competent legal authority, as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user. Somewear intends that the GEOS International Emergency Response Coordination Center (the “IERCC”) will be available at all times in all locations where your Somewear Device works; however, it is possible that at some times and some locations, the IERCC will not receive your transmission or that your transmission will be delayed. The emergency responder(s) shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for you or the emergency responder(s). In no event does the Agreement create a duty to rescue.
2.4.2 SOS Monitoring. The Somewear Device transmits SOS Emergency Signals received, along with applicable information your provided when registering your Somewear Device and available location coordinates, to the IERCC. The IERCC maintains a database of emergency responders in regions throughout the world (the “IERCC Database”), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of a SOS Emergency Signal, IERCC personnel will: i) contact, if available, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS Emergency Signal, ii) use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates; iii) contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS’ possession (including your Registration Data information and/or location coordinates); iv) if you are traveling outside of your home territory, and it is consistent with GEOS’ procedures, contact the Embassy of your government consistent with the information you provided upon registration of your Somewear Device either in the location identified by the Location Information or their Washington, DC based
Embassy, and provide them all relevant facts in GEOS’ possession; and, v) provide updates of
location coordinates as available to the identified emergency responder. Upon contacting the
emergency responder(s) and/or, as appropriate, the Embassy, and informing them of all
relevant facts, Somewear and GEOS are released from all further legal responsibility and/or obligation to take any further action whatsoever. Should GEOS have reasonable cause to
believe that an emergency condition does not exist, GEOS reserves the right to solely contact
the primary and secondary contacts identified by you.
2.4.3 False SOS Emergency Transmissions. You are solely responsible for any charges that may be assessed by emergency responders for either false SOS Emergency Signals and/or in relation to search and rescue activities resulting from you or your authorized users’ transmission of a SOS Emergency Signal. Should you deliberately or negligently misuse the SOS Emergency service, the SOS service provider, GEOS, reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the SOS button to ‘see if it works’ or otherwise knowingly pressing the SOS button when no emergency situation exists. Should it be determined by Somewear that you have deliberately or negligently misused the SOS Emergency service, Somewear shall provide your credit card information on record to GEOS. GEOS shall then, without further notice, bill your credit card the appropriate fee, calculated at a rate of $340 per hour, or stated part thereof, for a minimum charge of one (1) hour and maximum charge of two (2) hours, for each such false SOS Emergency Signal event, and you shall be responsible to pay any such fee.
2.5 Transmission Speeds. For Data Plans that include unlimited texting or tracking, data transmission speeds may be reduced for the remainder of any billing period in which your message transmission volume exceeds 1000 text messages (or the approximate equivalent amount of data). This volume threshold is subject to change, so please periodically visit Somewearlabs.com for updates. If your message transmission volume results in transmission speed reduction for two (2) or more consecutive billing periods, data transmission speeds may be reduced for subsequent billing periods until your transmission volume falls below threshold levels. SOS transmission speed will not be impacted by reduced data transmission speeds.
3.0 SOMEWEAR GLOBAL HOTSPOT DATA PLAN
Your Somewear Service, consists of, at minimum, the Somewear Global Hotspot data plan and any
data limits, or optional services selected by you either when you activate your Somewear Device or any that you may add during your Term.
3.1 Activate with Somewear Only. You must activate your Somewear Device directly with Somewear using the activation portal at www.Somewearlabs.com/getstarted and choosing one of the available Data Plans. Activation of the Somewear Devices on non-Somewear Iridium accounts may severely impact the functioning of your Somewear Device and, to the maximum extent permitted by applicable law, will void any warranties. Injury or death could result from an improperly activated Somewear Device. Activation of Somewear Devices on non-Somewear Iridium accounts violates the terms of your agreement with Somewear.
3.2 Changes to Services. You agree that Somewear or its service providers (including Iridium, and GEOS) may make changes to the Somewear Services and Data Plans in order to comply with applicable laws, to maintain or improve the Somewear Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Somewear Services or the Somewear Device, including compatibility issues with the Somewear Device, as a result of such changes.
3.3 Term. The Term of the plan is one (1) month starting on the date of service activation. You are committed for one (1) month of service unless otherwise agreed.
3.4 Activation and Annual Fees. An activation fee will be charged to you upon initial activation of a Somewear Device on any monthly or annual Data Plan.
3.5 Upgrade or Downgrade. You may upgrade a Data Plan for any Somewear Device to a more inclusive Data Plan of the same type at any time. No charge applies to changing to a more inclusive annual Data Plan; a fee applies to changing to a less inclusive annual Data Plan. To downgrade an annual Data Plan to a less inclusive annual Data Plan, a change plan fee will be charged to you. Any downgrade of an annual Data Plan will take effect immediately and your account will be credited on a prorated basis for any applicable price difference, less applicable fees. No change plan fee will be charged to downgrade a monthly Plan (or other Data Plan that is not an annual Data Plan) to a less inclusive Data Plan of the same type. Any downgrades of a non-Annual Data Plan will take effect at the end of the applicable billing period and are subject to an additional one (1) month term commitment.
3.6 Renewal. All Data Plans automatically renew at the end of their Term for an additional month to month Term unless you cancel by notifying Somewear as provided in Section 3.8 where required by law, Somewear will provide you with notice of the renewal of your Service Plan.
3.7 Non-Refundable. Pre-paid Data Plan fees are non-refundable unless Somewear cancels the service, in which event you will receive a prorated refund for airtime for the unused portion of the Plan. Pre-paid Data Plans may not be transferred to a third-party account.
3.8 Cancellation. To cancel your Data Plan, you can deactivate your device in the online Somewear portal. You may also email hello@Somewearlabs.com to cancel.
3.9 Termination by Somewear. You agree that Somewear may terminate this Agreement and the provision of Services to you at any time without notice or liability to you if you are in breach of this Agreement. In the event this Agreement is terminated or you cancel any Data Plan, you must cease using the Somewear Services immediately.
3.10 Additional Charges. Your cell phone service provider and/or internet provider may charge you or your recipients additional fees in relation to any SMS messages, social connectivity messages and/or other emails and/or data sent by you. Please familiarize yourself with any such applicable plans, services and associated fees before using your Somewear Device or the Somewear Services. You are responsible for any such applicable charges and fees.
4.0 USE OF YOUR SOMEWEAR DEVICE.
4.1 Familiarization with your Somewear Device. You understand and agree that it is your responsibility to familiarize yourself with the operation of your Somewear Device, including reading your User Manual, available at Somewearlabs.com/FAQ. You agree that you will use the Somewear Device only in accordance with those instructions. It is also highly recommended that you review the Help available at Somewearlabs.com and practice properly using your Somewear Device by sending test messages and fixing your GPS coordinates as described.
4.2 Important Tips. Your Somewear Device needs a clear view of the sky to obtain a GPS signal and provide the most accurate location information. It is not reliable indoors or in a cave. Orienting your Somewear Device so that the Somewear logo and on/off LED are oriented to the sky will improve performance, and you should keep your Somewear Device at least 12 inches away from other GPS devices and mobile phones. Please read your Quick Start Guide or User Manual and follow the instructions to pair your Somewear Device with a smartphone.
4.3 Message Schedule. Redundancy is built into your Somewear Device to ensure more of your messages are transmitted. It is normal for some Somewear messages to be blocked by everyday conditions; the view of the sky is often blocked due to hills, buildings, or other obstructions. This is why Somewear automatically retries messages until it receives a satellite acknowledgement. Placement of your Somewear unit can make a difference. Experiment with placement until you are familiar with the reliability of your operating environment.
5.1 Timely Payments. You agree to pay all applicable activation, usage, cancellation, and disconnection fees, plus any applicable taxes, surcharges, and fees on time as provided in your Data Plan. Since your Data Plan will renew automatically at the end of each term if you don’t cancel in accordance with Section 3.6 above, Somewear will bill your credit card at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of your Data Plan. This bill is due and payable in the currency specified in your Data Plan. If your plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance.
5.2 Late Payments. You agree to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if your bill is not paid within ten (10) days after the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. Somewear may suspend the Somewear Services in the event of late payment in accordance with any applicable standards or codes. If it does so, Somewear may charge a reactivation fee for each suspended Data Plan.
5.3 Event of Credit Card Failure. You will be notified by Somewear via an email message sent to your last known email address the first time your credit card fails. A second notice will be sent 7 days later, followed by a final notice 14 days after the first notice, if the credit card continues to fail. If Somewear does not hear from you that you have rectified the problem, any Somewear Device associated with the credit card will be deactivated 30 days from the first notice.
Cancellation of a Data Plan due to a credit card failure will not relieve you of any otherwise applicable fees that may be due and will result in late payment fees and a reactivation fee. Additionally, until all applicable payments and fees have been paid in full, (i) you will not be able to activate any Somewear Device or use the Somewear Services and (ii) no Somewear Device currently linked to your account may be activated on any other account.
5.5 Promotions. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations, and you agree to provide your credit card information for any additional services and to extend the Somewear Services beyond the promotional period.
5.6 Data Transmission/No Credits. Somewear will exercise a commercially reasonable level of care but makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of type, will not be credited regardless of cause. Somewear shall not be liable for any damages that may result from such dropped data transmission.
5.7 Taxes and Fees. Your Data Plan price for the Somewear Services does not include all sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Somewear Services. You are required to pay these taxes not already collected for you by Somewear and these taxes may be added to the final price charged to you in your bill.
Your Data Plan price for the Somewear Services may not include certain applicable surcharges and/or fees associated with the Somewear Services, including fees associated with the Federal Universal Service Fund. Such surcharges and/or fees may be added to your bill by Somewear in accordance with all applicable laws, standards and codes.
5.8 Credit Approval / Credit Card Trial Authorization. Initiation or continuation of the Somewear Services is subject to credit approval by Somewear. If you elect to pay via credit card, Somewear requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Somewear may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the Somewear Services. By authorizing Somewear to charge a credit card trial authorization for the fees associated with your subscription, you are authorizing Somewear to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Somewear of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Somewear, or any other company that acts as a billing agent for Somewear, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full.
5.9 Credit Card Authorization. BY AUTHORIZING SOMEWEAR TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT SOMEWEAR ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE DATA PLAN, OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY (IF THIS IS PERMITTED BY THE LAW OF YOUR LOCAL JURISDICTION), AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT SOMEWEAR REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. FURTHER, YOU AUTHORIZE SOMEWEAR TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICE PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICE IN ACCORDANCE WITH SECTION 3.8.
5.10 Cost of Collection. You agree to pay Somewear for all collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Somewear in exercising any of its rights under this Agreement.
7.0 SOFTWARE END USER LICENSE AGREEMENT
7.1 Ownership and Grant of License. Somewear Devices utilize proprietary software, proprietary firmware and proprietary communication protocols in order to access Somewear messaging functions and the Somewear Service (collectively any such software, firmware and/or communication protocols required for use of the Somewear Device and/or Somewear Services are referred to as the “Software”). The Software may be owned by Somewear or by a third-party. This Agreement grants you a license (“License”) that permits you to use the Software as required for your Somewear Device and the Somewear Services, whether through a GPS device or directly through a Somewear Device, including through an application installed on your smartphone. This License is non-exclusive, non-sub licensable and non-transferable. This License is subject to the limitations and conditions of this Agreement. All rights not specifically granted in this Section 7 are reserved by Somewear and its affiliates or the respective third-party owner of such Software. You acknowledge and agree that Somewear and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights (including future copyright), inventions, patents, designs, circuits and other eligible layouts, database rights, data, content and intellectual property rights as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation dated 14 July 1967 (as amended from time to time), including any application or right to apply for registration of any of these rights. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Your use of the Software is solely controlled by this Agreement. The Software is licensed, not sold. If you are using a Somewear Device in conjunction with a smartphone application, then your use of the Software is subject to any terms and conditions imposed upon by the terms of your agreement with your smartphone manufacturer or service provider. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. Please note that map data is merely a graphical representation of geographic features appearing on the face of the earth. Map data may include features, such as roads and trails that are located on private property. Nothing in this License grants the use of, or is intended to imply the right to use, any such private property. It is your responsibility to discern and respect all landowner restrictions. You are solely responsible for complying with all legal requirements relating to land use and for your own safety and for the consequences of your actions in your use of map data. To the extent that data includes information regarding fish and game laws, or the availability of certain property for hunting or fishing, we make no representation or warranty regarding the accuracy of that information. You should always review the most recent version of any applicable fish and game regulations in the jurisdiction where you are recreating.
7.2 Other Restrictions on Use. You agree that you will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third-party rights. Some of the geographic data to which you may have access is licensed from third parties, and is subject to any and all restrictions imposed on us by such third parties, which can be found at the following link: www.Somewearlabs.com/legal (https://www.mapbox.com/tos/#maps)
7.3 Software Changes and Updates. You agree that Somewear or third-party providers may make changes to the Software and Somewear Services in order to comply with applicable laws, to maintain or improve the Software and/or the Somewear Services or for other business reasons. Except to the extent changes to the Somewear Services are material (as described in Section 2 above), such changes may be made without notice to you and without liability for any changes in your ability to use the Software, Somewear Device and/or the Somewear Services, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this Agreement and the amendments that may accompany it and may be subject to additional payments and conditions. Somewear recommends that you ensure that all of your Somewear Devices have the most recent Software version available and that your Somewear Device has the most recent firmware version available. Somewear reserves the right to require you to install the most recent Software version in order to obtain continued service. Any such mandatory Software updates will be at no additional cost to you.
7.4 Term and Termination. The License commences upon the earlier of your use (including installation or access) of the Somewear Device and/or Somewear Services, or upon your downloading of any associated Software updates, and is effective until terminated by you or by Somewear in accordance with this Agreement. If you want to terminate the License, you may do so by ceasing to utilize the Somewear Device and terminating the associated Somewear Services as set forth in Section 3.8. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. If terminated by Somewear, Somewear will notify you in accordance with any applicable standards or codes, which may include placing a notice on your account or sending an email message to your last email address known to Somewear. Somewear will have no liability if you do not receive Somewear’ notification.
8.0 Somewear USER ACCOUNT; WEBSITES; CONTENT.
8.1 Somewear Websites. Your use of the Somewear websites is governed by the terms and conditions of use contained on each such website.
8.2 Complete and Accurate Information. You acknowledge and accept that the information required in your Somewear account, including your registration data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages, is essential for proper provision of the Somewear Services. You accordingly certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date. Changing your address from one country to another country (for example from the US to Canada) may require service level changes and might incur additional charges on your account. When composing Somewear Global Hotspot messages, you acknowledge and agree that it is your sole responsibility to ensure that you select the intended designated contact from your available contacts and are satisfied with the content of your Somewear Global Hotspot message prior to sending it. Please contact customer care for assistance.
8.3 Content License from You. You agree that you are solely responsible for (and that Somewear has no responsibility to you or to any third-party for) any content that you create, transmit or display on or through the Somewear websites, the Software and/or the Somewear Services (“Content”) and for the consequences of your actions by doing so. You acknowledge that the Somewear Global Hotspot messages may include your location information. You retain copyright and any other rights you already hold in Content which you submit, post or display. You acknowledge and agree that by submitting, posting or displaying any such Content, you give Somewear a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such Content. Furthermore, you agree that this license includes a right for Somewear to make such Content available to other companies, organizations or individuals as required for the provision of Somewear Services, including any social connectivity sites designated by you. Somewear may also disclose such personal data or Content as may be in the possession of Somewear to third-party service providers and/or competent legal authority in connection with your use of the SOS services associated with your Data Plan in order to assist in the effectuation of a rescue, or where necessary to prevent or lessen a serious threat to public health or public safety, or to the life or health of the individual concerned or another individual, or in relation to a request made in accordance with applicable law, or as otherwise required or permitted by applicable laws. In order to provide the Somewear Services, Somewear may be required to transmit or distribute your content over various public networks and in various media. Somewear may also be required to make changes to your Content if so required by the technical requirements of connecting networks, devices, services or media. Somewear reserves the right to disclose personal and location data as well as remotely activate SOS features when notified by competent legal authority that a distress situation exists for the user.
8.4 Third-Party Licenses and Content. If, as part of your use of the Somewear websites, the Software and/or the Somewear Services you download a piece of software, or purchase goods, which are provided by a third-party, your use of such other services, software or goods may be subject to separate terms between you and the third-party provider. This third-party content may be protected by intellectual property rights which are owned by such third-party. Any reference or links to any third-party content does not constitute its endorsement, sponsorship or recommendation by Somewear, its affiliates or its licensors. Third-party product and service information are the sole responsibility of each individual third-party vendor. It is possible that you may find some third-party content offensive, indecent or objectionable, and you acknowledge that your use of the Somewear Services is at your own risk. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties are those of the respective authors and not of Somewear. Somewear neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement by anyone other than authorized Somewear employees acting in their official capacities. You understand and acknowledge that Somewear is not responsible for and does not monitor third-party content for accuracy or reliability.
9.0 DISCLAIMER OF WARRANTIES; LIABILITY
9.1 DISCLAIMER OF WARRANTY AND LIABILITY FOR THE SOMEWEAR SERVICES, SOFTWARE, AND WEBSITES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOMEWEAR DEVICES AND SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOMEWEAR SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR GIVES NO WARRANTY OR GUARANTEE IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SOMEWEAR SERVICES, DATA PLANS, AND ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE SOMEWEAR DEVICES OR SOMEWEAR SERVICES TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR MAKES NO WARRANTIES OR GUARANTEES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD-PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SOMEWEAR, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. SOMEWEAR DEVICES, SOMEWEAR SERVICES AND SOFTWARE ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
ALL WEATHER FORECASTING ON THE SOMEWEAR WEBSITES AND/OR SOMEWEAR DEVICES ARE PROVIDED BY A THIRD-PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR AND ITS LICENSOR DO NOT GUARANTEE THAT THE INFORMATION DISPLAYED ON THE SOMEWEAR WEBSITES OR SOMEWEAR DEVICES IS 100% ACCURATE AND DO NOT MAKE ANY REPRESENTATIONS, GUARANTEES OR WARRANTEES REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, OR RELIABILITY OF SUCH INFORMATION. YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING WEATHER INFORMATION ON THE SOMEWEAR WEBSITES AND/OR SOMEWEAR DEVICE WILL BE YOUR SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMEWEAR AND ITS LICENSORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND/OR DEATH, RESULTING FROM YOUR USE OF THE WEATHER INFORMATION ON THE SOMEWEAR WEBSITES, SOMEWEAR SERVICE AND/OR SOMEWEAR DEVICE OR YOUR RELIANCE THEREON.
9.2 This disclaimer of warranty and liability in this Section 9 shall not apply to intentional or reckless acts or gross negligence on the part of Somewear.
10 LIMITATION OF LIABILITY
10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SOMEWEAR AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP), LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE OR THE SOMEWEAR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SOMEWEAR SERVICES) OR THE USE OF THE SOFTWARE OR THE SOMEWEAR SERVICES BY YOU OR BY ANOTHER PERSON, WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE OR SOMEWEAR SERVICES. SOMEWEAR AND ITS LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THE SOFTWARE, THE SOMEWEAR SERVICES (INCLUDING WITHOUT LIMITATION THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS), INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SOMEWEAR SERVICES CAUSED BY:
(a) MATTERS OUTSIDE OF SOMEWEAR’S OR ITS LICENSORS’ OR SERVICE PROVIDERS’, REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
(b) FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR
(c) FAILURE, DELAY OR INACCURACY OF THE SOMEWEAR DEVICE TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), AND/OR LOCATION COORDINATES, TO THE SATELLITE SYSTEMS; OR
(d) FAILURE OF OR DELAY IN THE SATELLITE SYSTEMS AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), LOCATION COORDINATES, MESSAGES AND DISPLAY, AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND/OR GEOS INTERNATIONAL EMERGENCY RESPONSE COORDINATION CENTER (“IERCC”) AS APPROPRIATE; OR
(e) FAILURE OF OR DELAY IN YOUR EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO SOS EMERGENCY SIGNAL(S); OR
(f) FAILURE OF OR DELAY IN YOUR SOMEWEAR DEVICE TO TRANSMIT OR RECEIVE ANY MESSAGE(S); OR
(g) FAILURE OF OR DELAY BY SOMEWEAR’S LICENSORS OR SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED; OR
(h) FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
(i) FAILURE TO PROPERLY INSTALL THE SOFTWARE OR CONFIGURE THE SOMEWEAR DEVICES; OR
(j) FAILURE OF SOMEWEAR AND ITS SERVICE PROVIDERS TO PROVIDE THE SOMEWEAR SERVICES, INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SOMEWEAR SERVICES HAVING BEEN CANCELLED OR TERMINATED PURSUANT TO SECTIONS 3.8 OR 3.9; OR
(k) NON-COMPATIBILITY OF SOMEWEAR DEVICES WITH SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE; OR
(l) FAILURE OR INADEQUACY OF POWER SUPPLY FOR SOMEWEAR DEVICES AND/OR ASSOCIATED PRODUCTS.
10.2 IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF SOMEWEAR AND ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF THE SERVICE FEES PAID BY YOU TO SOMEWEAR.
10.3 THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SOMEWEAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE; PROVIDED, HOWEVER, THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL NOT APPLY TO INTENTIONAL OR RECKLESS ACTS OR GROSS NEGLIGENCE ON THE PART OF SOMEWEAR.
11.0 HARDWARE LIMITED WARRANTY
The warranty period for the Somewear Device is nine (9) months from your date of purchase with respect to the correction of defects in the materials or workmanship. THIS REMEDY IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
In our sole discretion, Somewear reserves the right to either repair or replace the unit with a new or refurbished Somewear Device. Such repairs or replacement will be made at no charge to the customer for parts or labor. You will be responsible for any shipping charges incurred to send the device to and from Somewear. The repaired or replaced Somewear Device will be warranted for ninety (90) days from the date the Somewear Device is shipped to the customer, or for the balance of the original warranty, whichever is longer. This warranty is voided if a repair or modification is performed by someone other than Somewear.
This warranty does not cover failures of a Somewear Device due to negligence, abuse, misuse, accidents, tampering, alteration or unauthorized disassembly or modification. This warranty also does not cover cosmetic damage, such as scratches, nicks and dents. The Somewear Devices may not be used for commercial applications or rentals unless authorized in writing by Somewear.
This warranty applies to the original purchaser of the product ONLY. Products purchased through online auctions (that means purchases not made through somewearlabs.com, on Amazon from Somewear Labs, or an approved reseller) are not eligible for warranty coverage. Online auction conﬁrmations are not accepted for warranty veriﬁcation. To obtain warranty service, an original or copy of the sales receipt from the original retailer is required.
SOMEWEAR DISCLAIMS ANY AND ALL LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR PROFITS, EVEN IF SOMEWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITED WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
This warranty gives you specific legal rights and you may also have other rights which vary by jurisdiction. Some states do not allow the exclusion or limitation of relief such as incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
To obtain warranty service, contact Somewear Product Support for shipping instructions and an RMA tracking number. Securely pack the device and a copy of the original sales receipt, which is required as the proof of purchase for warranty repairs. Send the device to the Somewear warranty service station. Somewear reserves the right to refuse warranty if a receipt is not provided or if the receipt is incomplete/illegible.
The terms and conditions of the Somewear Device Limited Warranty may be updated by
Somewear at any time and without notice. If there is any conflict between the terms contained in
this Agreement and the terms contained at https://Somewearlabs.com/legal, then the terms
contained at https://Somewearlabs.com/legal shall supersede and replace the terms contained in
12.1 Commercial Items/US Government Restricted Rights. The Somewear Device, the Somewear Services and any associated software and/or documentation have been developed entirely with private funds. The use of the Somewear Device, the Somewear Services and any associated software and related documentation by any entity of the United States Government is restricted by the terms of this Agreement. The Somewear Device, the Somewear Services and any associated software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11.2 Export Restrictions. Access or use of the Somewear Devices and/or the Somewear Services in locations outside of the United States and Canada is done so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Somewear Devices and Somewear Services which, in whole or in part, is illegal or penalized is prohibited. You may not use or otherwise export or re-export the Somewear Devices, the Somewear Services or the software except as authorized by United States or Canada law and the laws of the jurisdiction(s) in which the Somewear Devices, Somewear Services, or software was obtained. You represent and warrant that you are not (a) located and will not use the Somewear Device or Somwear Services in any country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use any Somewear Device, the software or the Somewear Services for any purposes prohibited by United States or Canadian law. Additionally, you represent and warrant that no Somewear Device, Software or Somewear Services will be exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's restricted lists.
12.3 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Somewear and its affiliates, licensors, service providers and suppliers their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or in connection with your unauthorized use of any Somewear Device and/or the Somewear Services and any associated software.
12.4 Governing Law.
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS SECTION 12.4, ALL LEGAL ISSUES ARISING FROM OR RELATED TO THE USE OF THE SOMEWEAR SERVICES AND/OR ANY RELATED SOFTWARE WILL BE CONSTRUED IN ACCORDANCE WITH AND DETERMINED BY THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED WITHIN THE STATE OF CALIFORNIA WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. BY USING THE SOMEWEAR SERVICES AND/OR ANY RELATED SOFTWARE, YOU AGREE THAT THE EXCLUSIVE FORUM FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF YOUR USE OF THE SOMEWEAR SERVICES OR ANY RELATED SOFTWARE IS THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA, OR ANY CALIFORNIA STATE COURT SITTING IN SAN FRANCISCO COUNTY. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
12.5 Entire Agreement. This Agreement constitutes the entire agreement between you and Somewear with respect to the subject matter hereof. Any headings are provided for convenience only.
12.6 No Waiver, Survival. The failure of Somewear to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to Somewear are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination.
11.7 Assignment. You may not assign, subcontract or otherwise transfer this Agreement or any of your rights or obligations hereunder, but Somewear may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.
11.8 Copyrights, Intellectual Property, Patents and Documentation. © Somewear Labs, Inc. All rights reserved. “Somewear” and related trademarks, names and logos are the property of Somewear Labs, Inc., and are registered and/or used in the U.S. and countries around the world. The Somewear Devices, the Software and other devices and/or associated software and data, including geographic data, are protected by copyright, international treaties, and various patents. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at Somewearlabs.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by Somewear or its affiliates. Somewear and its affiliates assume no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation. Somewear’s trademarks and other related graphics, logos, service marks and trade names used on or in connection with Somewear Device or in connection with the Services are the trademarks of Somewear and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Company Properties are the property of their respective owners.
11.9 Support and Customer Service. We want to hear from you! For more information about your Somewear Device and the associated Service, please visit Somewearlabs.com or contact Somewear Customer Service:
Sales and customer service: hello@Somewearlabs.com or http://www.Somewearlabs.com/support/. Representatives are available Monday -Friday 9:00 a.m.-5:00 p.m. Pacific Time (U.S.).
We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.