Terms of Service
The following terms of service and the Privacy Policy (together, the "Terms") govern your access and use of and describe your rights and responsibilities while using Our Services (as defined below). By registering and using the LocMarine 4G service, including certain proprietary software of LocMarine (the "Service"), you are hereby agreeing to be bound by the following terms and conditions ("Terms of Use"). These Terms of Use is an agreement between you and LocMarine Telematics LLC (collectively with its successors and assigns, "LocMarine", "Service Provider", "we" or "us"), and is in addition to, and not in lieu of, the written service agreement between you and/or your organization, on the one hand (collectively, "you" or "End User"), and LocMarine, on the other hand, regarding the Service (as amended and in effect, the "Service Agreement"), the terms and conditions of which are hereby incorporated by reference thereto.
By installing the LocMarine Device or having the LocMarine App installed (for example, and not by way of limitation, by permitting LocMarine or its authorized Partner to install the Device on hardware owned, controlled, or operated by End User), and/or by using the Device or a program containing the Device, and/or by downloading the App and/or by activating the App by checking and/or clicking the "AGREE" or similar box or button upon the installation of the App, you are binding the business entity that you represent (i.e., End User) to the terms and conditions of this Agreement.
LocMarine is only willing to provide the Service only to parties that have accepted all the terms and conditions herein this Agreement. Further, by clicking on the "AGREE" button upon launching the LocMarine Pro App, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms herein this Agreement, LocMarine is unwilling to provide the Service to you and you are advised to discontinue your use of the Service.
The Service Contract has a minimum Contract Period during which the End User is obligated to pay the Service Charge. The Service Agreement may be entered into online during the purchase of the LocMarine Device or online during the installation of the LocMarine Device/App.
LocMarine may, in its sole discretion and at intervals of its sole choosing, modify the Service and/or these Terms of Use at any time and without prior notice. It is your responsibility to monitor such changes and to determine whether or not to continue to access and use the Service based upon any such changes. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may update automatically and if such Service is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.
ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF USE, YOU CONSENT TO ANY SUCH MONITORING.
1. DEFINITIONS
"Agreement" means the entire understanding and agreement between LocMarine and you that incorporates the Terms and any agreed variations;
"Service Provider" means LocMarine;
"Service" means the system we make available under this agreement for monitoring and reporting applicable sensor data, the Service Provider's telecommunication infrastructure and System which notifies the End User of an occurrence onboard detected by the installed LocMarine Device and which relays to the End User other information relating to the LocMarine Device and the vessel on which the Device is installed;
"LocMarine Device" means, collectively or individually, as the context so requires, any and all hardware that is sold by or distributed through Service Provider for use of the Service.
"LocMarine System" means, collectively, the servers and other hardware and infrastructure through which the Service is provided by the Service Provider.
"Visitors" means Users that not logged into or otherwise, created an account through our Service.
"Action Plan" means the predetermined plan of action if any major event occurs aboard the applicable boating vessel upon which the LocMarine Device is installed.
"User Content" includes any such content posted to the LocMarine Support Community as well as any other part of the LocMarine Service.
"Contract Period" means the period during which the End User has subscribed and paid to use the Service as set forth in the Service Agreement.
"Distributor" means any representative of Service Provider which is authorized by Service Provider to distribute LocMarine Devices.
"Early Termination Fee" means the fee charged to the End User if or when the End User terminates its Service Agreement prior to the expiration of the then-effective Contract Period. The current Early Termination Fee is $0.
"Network" means the public telecommunications system through which the LocMarine Service is made available.
"Service Charge" means the fees paid or payable by the End User for the Service during the Contract Period as set forth in the Service Agreement.
"Website" means www.locmarine.com, Locmarine.us and App mean LocMarine and both enable the End User to access information provided via the service and from the Service Provider and other third-parties.
2. SERVICES
During the term of this Agreement, LocMarine will provide to you 7 days per week, 24 hours per day monitoring aboard the applicable boating vessel upon which the Locmarine device is installed in accordance with the provisions set forth herein this Agreement. The Service includes cellular (GSM) communication between the LocMarine Device and the LocMarine Systems, text (SMS) message communication between the LocMarine System and the End User's mobile phone, e-mail communication between the LocMarine System and the End User, and access to the LocMarine's web portal on the Website through the Internet. The Service also includes access to support during the Contract Period, free software upgrades, and the right to use the Service.
3. SERVICE AVAILABILITY AND DEVICE USAGE LIMITATIONS
The ability of the LocMarine device to accurately track the applicable boating vessel upon which the LocMarine device is installed is dependent upon the availability of GPS, cellular network and/or wireless internet coverage subject to your location. The cellular (GSM) service is available both domestically within the U.S.A. and internationally excluding certain countries like China, Colombia, Venezuela, Cuba, Iran, North Korea, Russia, etc due to applicable regulatory laws. If you reside in such countries where the LocMarine Service is limited, we recommend that you do not purchase the LocMarine device.
All cellular (GSM) communication between the LocMarine Device and the LocMarine System is included in the Service Charge. The End User hereby acknowledges that the availability of the Service may be affected by factors outside the Service Provider's control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks to which the Network is connected.
You understand that a portion of the device relies upon the availability of GPS coverage, wireless internet network availability and/or cellular network coverage to operate properly as well as the availability of satellite GPS data, both of which are provided by a third party that is not controlled by LocMarine. You agree that if we were to have any liability greater than that agreed to by you pursuant to section 17 of this agreement, we could not and would not provide the device or service. you acknowledge that you should obtain any life, medical or disability insurance for the protection of yourself and others who may use the device. you understand that there are alternatives available to you such as 911 emergency telephone service and you have selected this service with a full understanding of its limitations, and the limitation of our liability set forth in section 18.
In consideration of the service availability, you acknowledge that neither we nor any of our subcontractors represent or warrants that the device or the service will prevent death, bodily or personal injury or damage to you, other or the applicable boating vessel upon which the LocMarine device is installed.
In connection with any such adverse effect on the quality and availability of the Service, the Service Provider shall incur no liability to the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the payment of the Service Charge.
This document continues with additional sections covering Account Management, Payment Terms, Service Usage, Warranty Disclaimers, Liability Limitations, Dispute Resolution, and Contact Information. For the complete terms, please refer to the full agreement provided during service activation.
If you have any questions concerning the LocMarine Service or these Terms, please contact:
LocMarine Support: info@locmarine.us
Thank you for reading our Terms. We hope you enjoy LocMarine.