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1. 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 6 1 2 FAILURE DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES OR 6 1 3 FAILURE DELAY OR INACCURACY OF THE INREACH CANADA PRODUCT TO PROCESS AND OR TRANSMIT DATA TRANSMISSIONS INCLUDING SOS EMERGENCY SIGNAL S AND OR LOCATION COORDINATES TO THE IRIDIUM SATELLITE SYSTEM OR 6 1 4 FAILURE OF OR DELAY IN THE IRIDIUM SATELLITE SYSTEM AND OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL S LOCATION COORDINATES PREPROGRAMMED MESSAGES ANDDISPLAY AND TRANSMIT TO THE IDENTIFIED POINTS OF CONTACT AND OR IERCC AS APPROPRIATE OR 6 1 5 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 6 1 6 FAILURE OF OR DELAY IN THE DELORME PN 60W PRODUCT TO TRANSMIT ANY INREACH CANADA MESSAGE S TO THE INREACH CANADA OR 6 1 7 FAILURE OF OR DELAY ON BEHALF OF THE INREACH CANADA SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED OR 6 1 8 FAILURE TO OBTAIN A CLEAR LINE OF SI
2. INREACH AND ITS SERVICE PROVIDERS AND AFFILIATES AND THEIR AFFILIATES 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 WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SOFTWARE AND OR SERVICE INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SOFTWARE AND OR SERVICE INREACH AND ITS AFFILIATES AND OR SERVICE PROVIDERS INCLUDING DELORME GEOS IRIDIUM COMMUNICATIONS ROADPOST LCC AND THEIR AFFILIATES 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 SYSTEM THE SOFTWARE THE SERVICE AND OR THE SOS EMERGENCY MONITORING AND RESPONSE THIS LIMITATION INCLUDES ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES AS SPECIFIED IN THE INREACH TERMS OF SERVICE 22 Version 5 2 IIndated Sentemhe
3. 1 4 Limitations Services may become limited or temporarily unavailable without notice from time to time INREACH CANADA 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 INREACH CANADA 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 INREACH CANADA own or control the cell phone and email service providers who receive the email and SMS messages generated from INREACH CANADA Products 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 INREACH CANADA Product and iv weather conditions atmospheric conditions magnetic interference environmental and other conditions beyond INREACH CANADA s or the Satellite Systems control 2 SERVICE You must at minimum subscribe to the INREACH CANADA Safety Plan to utilize your
4. ABOVE THE PRODUCT IS SOLD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES FOR THE PRODUCT WHATSOEVER INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES REGARDING THE CONDITION DESIGN SPECIFICATIONS WORKMANSHIP MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT OR ANY WARRANTIES THAT THE PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES OR THAT THE PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT TRADEMARK COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED THIS LIMITED WARRANTY PROVIDES THE SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE PRODUCT IN NO EVENT SHALL INREACH LLC BE LIABLE FOR ANY INDIRECT CONSEQUENTIAL SPECIAL INCIDENTAL OR PUNITIVE DAMAGES WHETHER IN CONTRACT TORT NEGLIGENCE STRICT LIABILITY OR OTHERWISE OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM The terms and conditions of the INREACH Product Limited Warranty may be updated by InReach LLC at any time and without notice If there is any conflict between the terms contained in these Legal Notices and the terms contained at explore delorme com then the terms contained at explore delorme com shall supersede and replace the terms contained in these Legal Notices 4 COPYRIGHTS INTELLECTUAL PROPERTY PATENTS AND DOCUMENTATION InReach LLC All rights reserved The INREACH and related trademarks names and logos are the property of InReach
5. 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 ROUTING DIRECTIONS SHOULD BE USED ONLY AS A TRAVEL AID AND MUST ALWAYS BE VISUALLY VERIFIED BY THE USER ON THE GROUND AND EXECUTED WITH DUE REGARD TO TRAFFIC AND ROAD CONDITIONS ROAD SIGNS AND REGULATIONS 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 Other Restrictions on Use You agree tha
6. LLC or DeLorme Publishing Company Inc and are registered and or used in the U S and countries around the world The INREACH Product 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 explore delorme com is provided AS IS and AS AVAILABLE and without condition endorsement representation or warranty of any kind by InReach 17 Version K 2 IIndated Sentemher 71 7015 inReach CANADA LLC InReach LLC assumes no responsibility for any typographical technical or other inaccuracies errors or omissions in this documentation 5 INREACH SATELLITE SERVICES SERVICE SUBSCRIPTION REQUIRED A separate service subscription the Service is required in order to utilize your INREACH Product Please visit explore delorme com for more information regarding the available Service options and to subscribe Your use of the Service is governed by InReach LLC s INREACH Subscriber Terms and Conditions of Service or Roadpost Inc dba InReach Canada s Terms and Conditions of Service Terms of Service and InReach LLC s Privacy Policies Privacy Policies available at explore delorme com which may be updated from time to time without notice Sometimes these Affiliates will be providin
7. MUST BE AT LEAST EIGHTEEN 18 YEARS OF AGE AND THAT THIS EULA IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU THIS EULA AND AS MAY BE AMENDED APPLIES TO THE USE OF ANY SOFTWARE WHETHER PRE INSTALLED ON THE DELORME PN 60W A SMARTPHONE AND OR THE INREACH PRODUCT AND OR DOWNLOADED TO YOUR COMPUTER THAT MAY BE REQUIRED FOR THE USE OF THE INREACH PRODUCT AND SERVICE SOFTWARE BY USING YOUR INREACH PRODUCT FOR DELORME AND OR THE SERVICE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA OR ANY APPLICABLE AMENDMENTS USE OF THE INREACH PRODUCT USE OF THE SERVICE AND OR PRESSING THE I AGREE BUTTON FOR A DOWNLOAD OF ANY UPDATES UPGRADES OR SUPPLEMENTS IS CONSIDERED USE OF THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE UNUSED SOFTWARE AS WELL AS THE HARDWARE TO THE PLACE WHERE YOU OBTAINED THEM 6 1 Ownership and Grant of License The DeLorme GPS Device INREACH Smartphone Application and INREACH Product utilize proprietary software proprietary firmware and proprietary communication protocols in order to access the INREACH messaging functions and Service collectively any such software firmware and or communication protocols required for use of the INREACH Product are 18 Version 5 2 IIndated Sentemher 71 7015 6 2 6 3 inReach CANADA referred to as the Software This proprietary Software may be owned by DeLorme by In
8. OF THE APPLICATION COULD LEAD TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY SUITABILITY OR ACCURACY OF THE SERVICE OR IN RELATION TO AVAILABILITY SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS INCLUDING SOS EMERGENCY SIGNALS 6 LIMITATION OF LIABILITY 6 1 INREACH CANADA AND ITS SERVICE PROVIDERS AND THEIR RESPECTIVE EMPLOYEES DIRECTORS OFFICERS AGENTS AND SUPPLIERS EXCLUDE AND DISCLAIM ALL LIABILITY WHETHER RESULTING FROM CONTRACT TORT INCLUDING LIABILITY FOR FAULT NEGLIGIENCE Version 5 2 IIndated Sentemher 71 7015 inReach CANADA 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 INREACH CANADA PRODUCT THE SERVICES OR THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS INCLUDING ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY ANY OF THE FOLLOWING WHICH IF THEY SHOULD OCCUR COULD LEAD TO A LOSS OF COMMUNICATIONS AT A VITAL TIME RESULTING IN YOUR DEATH PERSONAL INJURY TO YOU OR DAMAGE TO YOUR PROPERTY 6 1 1 MATTERS OUTSIDE OF INREACH CANADA S OR ITS SERVICE PROVIDERS REASONABLE CONTROL WHICH SHALL INCLUDE BUT ARE NOT LIMITED TO OUTBREAK OF HOSTILITIES RIOT
9. 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 INREACH CANADA ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN AND YOUR REFERENCES SUBMITTED WITH THE SERVICE PLAN OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY AND OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT INREACH CANADA REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS FURTHER YOU AUTHORIZE INREACH CANADA TO DEBIT Version 5 2 IIndated Sentemher 71 7015 inReach CANADA YOUR CREDIT CARD MONTHLY IF YOU SUBSCRIBE TO A RECURRING MONTHLY SERVICE UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICE IN ACCORDANCE WITH SECTION 3 4 5 DISCLAIMER OF WARRANTIES 5 1 Disclaimer of Warranty for the Services and Software YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE THE INREACH CANADA PRODUCT AND ANY ASSOCIATED SOFTWARE ARE PROVIDED AS IS AND AS AVAILABLE AND ALL OTHER WARRANTIES REPRESENTATIONS AND CONDITIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO i ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ii THAT THE SERVICE THE INREACH CANADA PRODUCT AND OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS iii THA
10. 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 INREACH GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY SUITABILITY OR ACCURACY OF THE SOFTWARE THE SERVICE OR IN RELATION TO AVAILABILITY SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH PRODUCT TO TRANSMIT DATA TRANSMISSIONS INCLUDING SOS EMERGENCY SIGNALS InReach LLC MAKES NO WARRANTIES 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 YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH PRODUCT DELORME GPS DEVICE SMARTPHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE THE APPLICATION IS 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 THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE 6 11 Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW
11. Version 5 2 IIndated Sentemher 71 7015 4 5 4 6 4 7 inReach CANADA communications systems have inherent characteristics that can create dropped data transmissions Dropped data transmissions regardless of type will not be credited regardless of cause Nor shall INREACH CANADA be liable for any damages that may result from such dropped data transmission Taxes Your Service Plan price for the Services does not include 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 Service You are required to pay these taxes Credit Approval Credit Card Trial Authorization Initiation or continuation of the Services is subject to credit approval by INREACH CANADA and requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card Credit cards from outside of the United States and or Canada will be accepted only after verification with the issuing bank If you are a customer whose billing address is located outside of the United States or Canada or a customer without established credit INREACH CANADA may not allow you to participate in a Service Plan with monthly pre payment Instead INREACH CANADA may require that you prepay the first full year Verification of credit cards issued by banks outside of the United States or Canada may delay
12. any such optional bundled service to see if restrictions apply 8 INREACH CANADA User Account Websites 8 1 8 2 8 3 DeLorme and INREACH CANADA Websites Your use of the DeLorme and INREACH CANADA websites is governed by the terms and conditions of use contained on each such website Complete and Accurate Information You acknowledge and accept that the information required in your INREACH CANADA user 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 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 INREACH CANADA 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 INREACH CANADA message prior to sending it Please contact customer care for assistance Synchronization of Data If you have any inReach device with INREACH CANADA you acknowledge that it is your sole responsibility to en
13. CANADA S Product for rent and or lease may contact GEOS at questions geosalliance com to obtain information and pricing for provision of the Search and Rescue memberships to your customers This membership benefit relates to the search and rescue related and or extraction related costs and does not cover medical expenses You must following all claims procedures and provide the insurance underwriters with any reasonably requested documentation The insurance underwriters may require you to first Version 5 2 IIndated Sentemher 71 7015 inReach CANADA submit any helicopter extraction and ambulance claims to your medical insurance and second to GEOS along with your Explanation of Benefits from your medical insurer Coverage extends to North America Canada the European Union and Australia and will only be provided to other geographic locations subject to acceptance by the GEOS underwriters in writing which will be provided after the application has been made If an additional geographic location is refused by the GEOS underwriters then all premiums paid will be refunded The following geographic locations are expressly excluded North Central or West Africa the Middle East including Iraq Iran and Afghanistan and Russia The cover will not extend if the rescue service is provided by official Government Police Fire or Red Cross organizations Pricing varies by region please see the pricing specified for your region at the time of service
14. CONTAINED HEREIN IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE SHALL LAST FOR 1 YEAR 16 Version 5 2 IIndated Sentemher 71 7015 3 2 3 3 3 4 inReach CANADA This warranty gives you specific legal rights and you may also have other rights which vary by jurisdiction Some jurisdictions 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 This warranty applies to the original purchaser of the product ONLY REMINDER Be sure to retain the sales receipt proving the date of your original purchase This will be needed if warranty service is ever required INREACH reserves the right to refuse warranty if a receipt is not provided or if the receipt is incomplete illegible Repairs or replacements under warranty will be made at no charge for labor and materials however the customer will be responsible for shipping charges The repaired or replaced product will be warranted for the balance of the original warranty The warranty does not cover failures due to abuse misuse accidents or unauthorized disassembly or modification or any damage sustained during shipment of the product Any repairs not performed by InReach LLC will void this warranty EXCEPT AS PROVIDED
15. ECTIVE EMPLOYEES DIRECTORS OFFICERS AGENTS AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT THE SERVICES INREACH CANADA S SUPPLIER S SERVICES OR THE INREACH CANADA PRODUCT EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY YOU THE LIMITATIONS IN THIS SECTION 6 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE Legal Notices and End User License Agreement If you have any inReach branded two way communicator with a Standard Service plan then your INREACH CANADA Product is also subject to the Legal Notices and End User License Agreement which can be found at explore delorme com 7 YOUR OBLIGATIONS 7 1 7 2 Personal Use Generally your Service Plan is for personal recreational or non commercial use only This means that generally you may not sell rent lease or otherwise charge for the INREACH CANADA Product and or the Services or any information or services associated with or derived from the INREACH CANADA Product and or the Services Misuse You agree that you will not use the Services or the INREACH CANADA Product 1 to abuse or misuse the SOS Emergency services 2 to utilize your INREACH CANADA Product for the commercial tracking of assets and or personnel 3 to s
16. EULA is found invalid or unenforceable such invalidity or unenforceability shall not affect the remaining terms and conditions of this EULA and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one Version K 2 IIndated Sentemher 71 7015
17. GHT TOWARD THE SATELLITE SYSTEMS OR 6 1 9 FAILURE TO PROPERLY INSTALL OR CONFIGURE THE INREACH CANADA PRODUCTS OR 6 1 10 FAILURE OF INREACH CANADA AND ITS SERVICE PROVIDERS TO PROVIDE THE SERVICE S INCLUDING SOS EMERGENCY SERVICES DUE TO THE SERVICE S HAVING BEEN CANCELLED PURSUANT TO SECTIONS 3 4 OR 3 6 OR 6 1 11 NON COMPATABILITY OF INREACH CANADA PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD PARTY SOFTWARE OR Version 5 2 IIndated Sentemher 71 7015 6 2 6 3 6 4 inReach CANADA 6 1 12 FAILURE OR INADEQUACY OF POWER SUPPLY FOR INREACH CANADA PRODUCTS AND OR ASSOCIATED PRODUCTS INCLUDING DELORME PN 60WAND SMARTPHONES IN NO EVENT SHALL INREACH CANADA OR ANY OF SERVICE PROVIDERS OR ITS OR THEIR RESPECTIVE EMPLOYEES DIRECTORS OFFICERS AGENTS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR 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 WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE INREACH CANADA PRODUCT THE SERVICES INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE OR ITS OR THEIR USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES OR INREACH CANADA PRODCUT IN NO EVENT SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY OF INREACH CANADA AND ITS SERVICE PROVIDERS AND THEIR RESP
18. INREACH CANADA Product including the SOS feature You may also select additional bundled and or optional services Collectively all of the Services presented in this Section 2 are referred to throughout this Agreement as Services Please note that while your service is in suspension mode it will not transmit and therefore cannot be used for SOS purposes Version 5 3 Updated September 21 2015 inReach CANADA 2 1 INREACH CANADA Standard Service Plans The available service plans are set forth at http www inreachcanada com service plans These plans are designed for consumer use and the terms in this agreement apply specifically to customers using these service plans A separate set of terms and conditions are available for Enterprise use of the inReach Canada Enterprise Solution 2 1 1 SOS Emergency Your INREACH CANADA Standard service plan includes SOS Emergency service INREACH CANADA s supplier has contracted with a third party provider GEOS GEOS to provide SOS emergency monitoring services Provision of SOS Emergency services is subject to the terms of this agreement INREACH CANADA 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 INREACH CANADA intends that the GEOS International Emergency Respons
19. InReach LLC at any time and without notice If there is any conflict between the terms contained in these Legal Notices and the terms contained at explore delorme com then the terms contained at explore delorme com shall supersede and replace the terms contained in these Legal Notices 3 HARDWARE LIMITED WARRANTY 3 1 INREACH warrants that your INREACH Product will be free from defects in materials and workmanship for one year from the date of purchase If your INREACH Product fails in normal use INREACH will at its sole option either repair or replace the unit INREACH reserves the right to either repair or replace the unit with a new or refurbished unit at its sole discretion Such repairs or replacements will be made at no charge for labor or materials however the customer will be responsible for any shipping charges incurred to send the device to INREACH The repaired or replaced product will be warranted for ninety 90 days from the date of return shipment or for the balance of the original warranty whichever is longer This warranty does not cover failures due to abuse misuse accidents or unauthorized disassembly or modification Any repairs not performed by INREACH will void this warranty INREACH DISCLAIMS ANY LIABILITY FOR ANY SPECIAL INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR PROFITS EVEN IF INREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THIS LIMITED WARRANTY
20. OS 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 INREACH CANADA that you have deliberately or negligently misused the SOS Emergency service INREACH CANADA 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 If you purchase the optional Search and Rescue services such Search and Rescue services shall be subject to the terms of your separate agreement with GEOS located at http www geosalliance com geos services worldwide search and rescue Text Messaging Text Messaging is available to INREACH CANADA users that have any inReach device Text Messages are up to 160 character custom or predefined quick text messages that can be transmitted to a person or persons designated by you Designated persons may include your personal contacts the SOS Monitoring Provider GEOS and or social networking sites s
21. Reach LLC or by a third party This EULA grants a license License that permits you to use the software as required for your INREACH Product and Service whether through the DeLorme PN 60w or directly through the INREACH Product or through an application installed on your smartphone This License is non exclusive non sublicensable and non transferable This License is also subject to the limitations and conditions of this EULA and the INREACH Terms of Service which govern the provision of the Service All rights not specifically granted in this EULA are reserved by InReach LLC DeLorme or the respective third party owner of such Software You acknowledge and agree that InReach LLC 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 data and content 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 EULA which cannot be changed except by a written agreement executed between you and InReach LLC The Software is licensed not sold If you are using the device in conjunction with a smart phone application then your use is subject to any terms and conditions imposed upon by the terms of your agreement with your smart phone manufacturer or service provider ANY MAPPING
22. T THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR FREE OROF SATISFACTORY QUALITY OR OF QUIET ENJOYMENT iv THAT ANY DEFECTS IN THE SOFTWARE OR INREACH CANADA PRODUCT WILL BE CORRECTED iv 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 INREACH CANADA GIVES NO WARRANTY IN RELATION TO THE AVAILABILITY SUITABILITY OR ACCURACY OF THE SERVICE THE INREACH CANADA PRODUCT ANY ASSOCIATED SOFTWARE OR IN RELATION TO AVAILABILITY SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INREACH CANADA PRODUCT TO TRANSMIT DATA TRANSMISSIONS INCLUDING SOS EMERGENCY SIGNALS INREACH CANADA MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS HACKING BY A THIRDPARTY 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 YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INREACH CANADA PRODUCT OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE THE APPLICATION IS 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 THE FAILURE
23. YOUR INREACH PRODUCT FOR INREACH AND OR THE SERVICE YOU ACCEPT ALL TERMS AND CONDITIONS CONTAINED IN THESE DOCUMENTS INCLUDING THOSE LEGAL AGREEMENTS AND TERMS AND CONDITIONS WHICH HAVE BEEN INCORPORATED BY REFERENCE THIS INCLUDES BUT IS NOT LIMITED TO THE INREACH PRODUCT LIMITED WARRANTY THE TERMS OF SERVICE AND THE END USER LICENSE AGREEMENT EULA AND ANY AND ALL LIMITATIONS OF LIABILITY AND OR DISCLAIMERS OF WARRANTY CONTAINED THEREIN YOU UNDERSTAND AND AGREE THAT YOU MUST BE AT LEAST EIGHTEEN 18 YEARS OF AGE TO SUBSCRIBE TO THE SERVICE YOU UNDERSTAND AND AGREE THAT THESE LEGAL NOTICES ARE ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU IF YOU DO NOT AGREE DO NOT USE THE INREACH PRODUCT AND PROMPTLY RETURN IT TO THE PLACE WHERE YOU OBTAINED IT USE OF YOUR INREACH PRODUCT 2 1 Familiarization with your INREACH Product You understand and agree that it is your responsibility to familiarize yourself with the operation of your INREACH Product INREACH Smartphone Applications and DeLorme GPS device PN 60w or subsequent model including reading your User Manual available at manuals delorme com You agree that you will use the INREACH Product only in accordance with those instructions It is also highly recommended that you review the Help available at explore delorme com and practice properly using your INREACH Product by sending test messages and fixing your GPS coordinates as described 2 2 Coverage You may use your INREACH Produc
24. activation The GEOS SAR Membership search and rescue benefit is for any additional costs incurred or those costs not covered by existing medical or travel cover Claims should be made direct through the GEOS Members web site which can be accessed using the user name and password provided to you for access to the GEOS Members site All claims are dealt with by the GEOS Underwriters at Lloyds of London To support claims the member must provide a signed Release for the disclosure to GEOS by the medical aid provider of all medical services and treatment provided in relation to the incident and full details of any other Insurance cover held The member must first claim against their existing Medical Travel or other Insurance All claims for reimbursement under the Members SAR Benefit are dealt with by the GEOS Underwriters and their decision is final NOTE The GEOS International Emergency Response Coordination Center IERCC will not refuse to call out additional emergency response services when advised by first responders such additional services will be necessary In such cases where a Member activates their SOS signal for an emergency and it later transpires that the additional rescue service was not required or covered by the terms and conditions of the Search and Rescue Benefit cover the member will be liable for the whole cost 3 PLAN Your Service Plan consists of at minimum the INREACH CANADA Safety Plan and any bundles or optional services selec
25. any associated software may not be exported or re exported into any Canadian or U S embargoed countries or to anyone on the U S Treasury Department s list of Specially Designated Nationals or the U S Department of Commerce Denied Person s List or Entity List By using the INREACH CANADA Product the Services and any associated software you represent and warrant that you are not located in any such country or on any such list You also agree that you will not use these products for any purposes prohibited by United States law including without limitation the development design manufacture or production of nuclear missiles or chemical or biological weapons Indemnity To the maximum extent permitted by law you agree to indemnify defend and hold harmless INREACH CANADA and its affiliates licensors 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 13 Version 5 2 IIndated Sentemher 71 7015 inReach CANADA reasonable attorney s fees arising out of or in connection with your use of the INREACH CANADA Product the Services and any associated software 9 3 Governing Law This Agreement is governed by the laws of the State of Delaware without giving effect to conflicts of laws principles You hereby expressly consent to venue for any action by INREACH CANADA o
26. charges are billed monthly in advance 4 2 Late Payments You agree to pay a late charge of 1 5 per month 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 You agree to pay INREACH CANADA all of INREACH CANADA s collection costs including without limitation the standard fees of any collection agency reasonable attorney and legal fees and any other costs incurred by INREACH CANADA in exercising any of its rights under this Agreement INREACH CANADA may suspend the Services in the event of late payment If it does so INREACH CANADA may charge a reactivation fee currently 30 00 CAD for each suspended Service Plan 4 3 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 Services beyond the promotional period 4 4 Data Transmission No Credits INREACH CANADA 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
27. chronization of Data You acknowledge that it is your sole responsibility to ensure that you have followed the synchronization process outlined on explore delorme com to export any 15 Version K 2 IIndated Sentemher 71 7015 inReach CANADA updates and or changes to your INREACH Registration Data contact information designated contacts social connectivity settings supported INREACH Service options and pre programmed messages from your INREACH account to your DeLorme PN 60w or INREACH Smartphone Application 2 6 Support and Customer Service More information about your INREACH Product and the associated Service is available at explore delorme com or by contacting INREACH Customer Service Canada Online inreachcanada com Customer service email inreachcare roadpost com Tech support email inreachtech roadpost com Phone 1 800 337 3155 M F 9 00 a m 6 00 p m Eastern Time US and International Online support delorme com Tech support email tech delorme com or phone 1 207 846 8900 Sales and customer service email sales delorme com or 800 511 2459 US only or 1 207 847 1165 Representatives are available M F 8 30 a m 5 00 p m Eastern Time Please contact DeLorme Technical Support for questions regarding the operation of your inReach device For the current and full terms and conditions governing the use of your INREACH Product please visit explore delorme com These terms and conditions may be updated by
28. cumentation 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 Export Restrictions The Software may be subject to export controls or restrictions by the United States or other countries or territories You agree to comply with all applicable U S and international export laws and regulations including restrictions on destinations end users and end use You agree not to export or re export the Software or the INREACH Product to any country in violation of the export control laws of the United States of America The Software may not be exported or re exported into any U S embargoed countries or to anyone on the U S Treasury Department s list of Specially Designated Nationals or the U S Department of Commerce Denied Person s List or Entity List By using the Software you represent and warrant that you are not located in any such country
29. e Coordination Center the IERCC will be available at all times in all locations where your INREACH CANADA Product 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 1 2 SOS Monitoring INREACH CANADA transmits SOS Emergency Signals received along with applicable Registration Data information 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 emergenc
30. end 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 Services or the Satellite Systems You agree to use the Services only with the INREACH CANADA Product and not to use any other equipment in connection with the Services unless expressly approved by INREACH CANADA Failure to adhere to these restrictions may result in termination of this Agreement by INREACH CANADA You agree that you will not attempt to unlock or modify or reverse engineer your 10 Version 5 2 IIndated Sentemher 71 7015 7 3 inReach CANADA INREACH CANADA Product 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 INREACH CANADA Product device to a third party or for any purpose otherwise not permitted by this agreement Authorized Users You are solely responsible and assume any liability for any user authorized by you to utilize the INREACH CANADA and or the Services In addition you agree to pass usage instructions and Service Plan terms and conditions to all of your authorized users Some optional services such as the GEOS SAR benefit are only available to the primary registered user You must carefully read the applicable terms for
31. f you want to terminate you may do so by ceasing to utilize the INREACH Product and terminating the associated Service as allowed under the Terms of Service You agree that we may terminate this EULA and the provision of associated Services to you at any time without notice or liability to you if you are in breach of this EULA or act in any manner which clearly shows you do not intend to or are unable to comply with the EULA InReach LLC may also terminate this EULA if required to do so by governmental regulatory body and or law In such event you must cease using the INREACH Product and Service 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 InReach LLC InReach LLC may place a notice on your account or may send an email message to your last email address known to InReach LLC InReach LLC will have no liability if you do not receive InReach LLC s notification Commercial Items US Government Restricted Rights Commercial Items US Government Restricted Rights This Software and documentation have been developed entirely with private funds The use of the Software and related documentation by any entity of the Unites States Government is restricted by the terms of this EULA The Software and related do
32. g the Service to you on behalf of InReach LLC itself You acknowledge and agree that Affiliates will be entitled to provide the Services to you InReach LLC is constantly working to offer additional services to its subscribers thus you acknowledge and agree that the form and nature of the Services may change from time to time without notice to you Your cellphone service provider and or internet provider may charge you or your recipients additional fees in relation to any SMS MMS messages social connectivity messages and or other emails and or data collectively data plan fees sent by you Please familiarize yourself with any such applicable plans services and associated fees before using your INREACH Product You are responsible for any such applicable charges and fees For the current and complete Terms of Service please visit explore delorme com The Terms of Service may be updated by InReach LLC or Roadpost Inc dba InReach Canada at any time and without notice If there is any conflict between the Terms of Service contained in these Legal Notices and the Terms of Service contained at explore delorme com then the Terms of Service contained at explore delorme com shall supersede and replace the Terms of Service contained in these Legal Notices 6 End User License Agreement PLEASE READ THIS END USER LICENSE AGREEMENT EULA CAREFULLY THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND INREACH LLC YOU UNDERSTAND AND AGREE THAT YOU
33. inReach CANADA inReach Canada Standard Subscriber Terms and Conditions NOTICE TO USER USE OF YOUR INREACH CANADA PRODUCT CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS THIS AGREEMENT IS FULLY ENFORCEABLE LIKE ANY AGREEMENT BEARING A PEN AND INK SIGNATURE IF YOU DO NOT AGREE DO NOT USE THE INREACHCANADA PRODUCT AND RETURN IT TO THE POINT OF PURCHASE 1 You understand and agree that 1 1 Agreement This document Agreement between you and Roadpost Inc dba InReach Canada INREACH CANADA sets forth the terms of the service plan s to which you subscribed The term of the Agreement starts when you first activate your INREACH CANADA Service The INREACH CANADA Product is defined to include the DeLorme inReach Two Way Satellite Communicator any replacement products and or any associated software 1 2 Changes The terms of this Agreement and of the Service Plans are subject to change in the discretion of INREACH CANADA INREACH CANADA will post notice of any such changes at inreachcanada com If INREACH CANADA makes changes that are not acceptable to you you may terminate the Agreement without charge at any time after your first 30 days of service Charges accrued for services up to the date of termination will remain due and payable 1 3 Coverage You may use your INREACH CANADA Product anywhere there is coverage subject to any applicable restrictions due to local laws licensing requirements and regulations
34. led on an annual basis and is dedicated to the primary registered user The scope of GEOS SAR Membership includes payment by GEOS of up to 100 000 in any one year limited to 50 000 for any one incident for the provision of necessary additional Search and Rescue resources including helicopter and private search teams etc up to the single incident limit for a period not exceeding 72 hours from the time of call for assistance where these are requested by the appropriate rescue authorities and which are necessary to prevent injury or illness or danger to human life as a result of an unforeseeable emergency or to pay for any costs and expenses claimed against you by the appropriate rescue authorities Provision of additional resources under this service must be first authorized by GEOS GEOS has contracted with a major insurance underwriter to underwrite this policy This benefit does not apply if the claim is in relation to any of the following a circumstances which could have reasonably been anticipated at the date the trip began e g forecast of adverse weather conditions b an emergency caused by inadequate provision or training or competence needed to complete the planned trip c cost incurred due to a pre existing or chronic condition or mental disorder of the member including self harm or suicide attempt d emergency caused by any natural climate disaster e any cost incurred to emergency arising from riots civil unrest or conflict i
35. luding your name registration information location and message history INREACH CANADA may also provide information regarding your data transmissions to your immediate family members and or emergency responders should it be reasonably determined that an emergency may exist INREACH CANADA may also share with third parties certain pieces of non personal 12 Version 5 2 IIndated Sentemher 71 7015 inReach CANADA aggregated information meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user such as INREACH CANADA User demographic data or INREACH CANADA usage data for marketing advertising or other business purposes INREACH CANADA may collect information about your transmissions including location to monitor service quality however INREACH CANADA will not monitor the content of your Type amp Send pre programmed SMS and or email messages to your Contacts INREACH CANADA may provide your billing information to its parent company and subsidiaries if required for provision of the Services or to a credit bureau in order to determine your credit worthiness or to a collection agency should your account become past due or to GEOS the SOS Emergency service Provider in the event that you deliberately or negligently misuse the SOS Emergency service With the exception of information provided to GEOS aggregated information and or billing infor
36. mation INREACH CANADA will not sell or otherwise pass your personal information to third parties except if required by law or pertinent to judicial or governmental investigations or proceedings or if INREACH CANADA considers it necessary to do so to prevent risk of death or serious personal injury to you or others There are no other circumstances under which INREACH CANADA will provide or sell personal information to third parties You consent to the foregoing collection use and disclosure of your personal information and to INREACH CANADA s collection use and disclosure of your personal information as set out in this section INREACH CANADA may also have separate privacy policies regarding the handling of your data for INREACH CANADA s bundled services as stated in the applicable terms and conditions regarding each such INREACH CANADA bundled service 9 GENERAL 9 1 9 2 Export Restrictions The INREACH CANADA Product and any associated software may be subject to export controls or restrictions by Canada the United States or other countries or territories You agree to comply with all applicable Canadian U S and international export laws and regulations including the restrictions on destinations end users and end use You agree not to export or re export the INREACH CANADA Product and any associated software to any country in violation of the export control laws of Canada or the United States of America The INREACH CANADA Product and
37. ncluding civil wars or kidnaps or any Biological Nuclear or Chemical events f any costs arising from the crash of any private aircraft or any aircraft that has not been authorized as an airline by the relevant Aviation Authority g cost incurred by any member participating in any war or military action h costs arising from any illegal use of a weapon i accidents arising from sky diving without a qualified guide or sky surfing with or without a motor vehicle j where any accident injury or illness arises from the use of drugs or alcohol k costs covered by any other insurance policy of your own or for any incident caused by a third party where costs can be recovered from that third party In the case of death of the Member GEOS will not be responsible for the transportation of the body GEOS will endeavor to arrange a successful rescue but cannot accept liability for failed rescues due to unforeseen circumstances beyond their control Additional GEOS SAR Memberships maybe purchased directly from GEOS if more than one family member may use the unit see pricing and terms and conditions at http www geosalliance com geos services worldwide search and rescue Corporate Search and Rescue memberships may also be purchased directly from GEOS if more than one employee may use a unit see pricing and terms and conditions at http www geosalliance com geos services worldwide search and rescue Commercial users that are offering INREACH
38. nt 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 EULA and the amendments that may accompany them and may be subject to additional payments and conditions InReach LLC highly recommends that you ensure that both your DeLorme PN 60w or INREACH Smartphone Application has the most recent software version available and that your INREACH Product has the most recent firmware version available and that these versions are compatible to each other InReach LLC reserves the right to mandate 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 6 4 Content License from You You agree that you are solely responsible for and that InReach LLC has no responsibility to you or to any third party for any Content that you create transmit or display while using the Software and or the Service and for the consequences of your actions by doing so You acknowledge that the InReach messages may include your location information You retain copyright and any other rights you already hold in Content which you submit post or display on or through the Software and or Service You acknowledge and agree that by submitting posting or displaying the content you give InReach LLC a perpetual irrevocable worldwide r
39. or on any such list You also agree that you will not use these products for any purposes prohibited by United States law including without limitation the development design manufacture or production of nuclear missiles or chemical or biological weapons Indemnity To the maximum extent permitted by law you agree to indemnify defend and hold Version K 2 IIndated Sentemher 71 7015 inReach CANADA harmless InReach LLC and its affiliates licensors 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 attorneys fees arising out of or in connection with your use of the Software 6 10 Disclaimer of Warranty YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SOFTWARE IS PROVIDED AS IS AND AS AVAILABLE AND ALL OTHER WARRANTIES REPRESENTATIONS AND CONDITIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING MERCHANTABILITY OR 21 Version K 2 IIndated Sentemher 71 7015 inReach CANADA FITNESS FOR A PARTICULAR PURPOSE THAT THE SOFTWARE AND OR SERVICES WILL MEET YOUR REQUIREMENTS THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR FREE OF SATISFACTORY QUALITY OF QUIET ENJOYMENT
40. order processing INREACH CANADA may decline any credit card transaction INREACH CANADA 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 Services By authorizing INREACH CANADA to charge a credit card trial authorization for the fees associated with your subscription you are authorizing INREACH CANADA 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 INREACH CANADA 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 INREACH CANADA or any other company that acts as a billing agent for INREACH CANADA to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full This trial authorization amount is typically the equivalent of 1 00 one dollar It is not a charge but may appear to reduce your available balance by the authorization amount until your card s next billing cycle Please contact your card issuer if you have additional questions regarding when this amount will be removed from your statement Credit Card Authorization BY AUTHORIZING INREACH CANADA TO DEBIT YOUR CREDIT CARD YOU
41. ors and not of INREACH CANADA INREACH CANADA neither endorses nor is responsible for the accuracy or reliability of any opinion advice information or statement by anyone other than authorized INREACH CANADA employees acting in their official capacities You understand and acknowledge that INREACH CANADA is not responsible for and does not monitor third party content for accuracy or reliability Privacy Data Protection INREACH CANADA is committed to maintaining your privacy In order to access the Services you will be required to provide information about yourself such as identification or contact details You agree that any registration information you give to INREACH CANADA will always be accurate correct and up to date You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Software and the Services Accordingly you agree that you will be solely responsible for all activities that occur under your account If you become aware of any unauthorized use of your password or of your account you agree to immediately notify INREACH CANADA INREACH CANADA will keep your personal data private and confidential provided however that INREACH CANADA will provide such information to GEOS the IERCC provider and that GEOS may provide such information as required to emergency responders in the event that you or your authorized user triggers a SOS Emergency Signal inc
42. oyalty free and non exclusive license to reproduce adapt modify translate publish publicly perform publicly display and distribute any Content which you submit post or display on or through the Software and or Service Furthermore you agree that this license includes a right for InReach LLC to make such Content available to other companies organizations or individuals as required for the provision of Service including any social connectivity sites designated by you InReach may also disclose such personal data as may be in the possession of InReach to third party service providers and or competent legal authority in connection with your use of the SOS services associated with your service plan in order to assist in the effectuation of a rescue In order to provide the Service InReach may be required to transmit or distribute your content over various public networks and in various media InReach LLC may also be required to make changes to your Content if so required by the technical requirements of connecting networks devices services or media InReach 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 6 5 Third Party Licenses and Content If as part of your use of the Software and or Service you download a piece of software or purchase goods which are provided by a third party then your use of these othe
43. panies organizations or individuals as required for the provision of the Services In order to provide the Services INREACH CANADA may be required to transmit or distribute your content over various public networks and in various media INREACH CANADA may also be required to make changes to your Content if so required by the technical requirements of connecting networks devices services or media Third Party Licenses and Content If as part of your use of the Services and any associated software you download a piece of software access software online or purchase goods which are provided by a third party then your use of these 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 the third party Any reference or links to any third party content does not necessarily constitute or imply its endorsement sponsorship or recommendation by INREACH CANADA or its licensors Third party product and service information are the sole responsibility of each individual third party vendor In addition it is possible that you may find some third party content offensive indecent or objectionable and that in this respect you use the Services 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 auth
44. r 71 7015 inReach CANADA 6 12 Changes to the EULA Changes to the EULA InReach LLC reserves the right to change the terms and conditions of this EULA at any time You can find the most current EULA at explore delorme com You understand and agree that if you use the services after the date on which the terms or additional terms have changed InReach LLC will treat your use as acceptance of the updated terms or additional terms 6 13 Governing Law This EULA will be governed and construed in all respects by the laws of the State of Maine without regard to its conflict of laws and provisions You and InReach LLC agree to submit to the exclusive jurisdiction of the courts located within the county of Cumberland State of Maine to resolve any legal matter arising from this EULA 6 14 General This EULA constitutes the entire agreement between the Parties with respect to the subject matter hereof Any headings are provided for convenience only You may not assign this EULA or any of your rights or obligations hereunder but InReach LLC may assign this EULA and any of its rights and obligations hereunder and this EULA shall inure to the benefit of and is binding on InReach LLC s respective successors and permitted assigns The failure of InReach LLC to exercise or enforce any right under this EULA shall not constitute a waiver of such right All rights and remedies granted to InReach LLC are cumulative and not alternate If any provision of this
45. r any of its suppliers to enforce the provisions of this Agreement in Ontario Canada and waive any rights to claim the same is an inconvenient forum 9 4 Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof Any headings are provided for convenience only 9 5 No Waiver Survival The failure of INREACH CANADA to exercise or enforce any right under this Agreement shall not constitute a waiver of such right All rights and remedies granted to INREACH CANADA 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 9 6 Assignment You may not assign this Agreement or any of your rights or obligations hereunder but INREACH CANADA 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 inReach Canada Standard Service Agreemen
46. r 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 the third party Any reference or links to any third party content does not constitute its endorsement sponsorship or recommendation by InReach LLC 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 that in this respect you use the Services at your own risk Any opinions advice statements services offers or other information or content expressed or made available by third parties are Version K 2 IIndated Sentemher 71 7015 6 6 6 7 6 8 6 9 inReach CANADA those of the respective authors and not of INREACH INREACH neither endorses nor is responsible for the accuracy or reliability of any opinion advice information or statement by anyone other than authorized INREACH employees acting in their official capacities You understand and acknowledge that INREACH is not responsible for and does not monitor third party content for accuracy or reliability Term and Termination The license commences upon your use of the INREACH Product and Service or upon your downloading of any associated Software updates and is effective until terminated by You or InReach LLC I
47. rder to comply with applicable laws to maintain or improve the Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Services or the INREACH CANADA Products including compatibility issues with the INREACH CANADA Products as a result of such changes 3 6 Termination by INREACH CANADA You agree that INREACH CANADA 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 3 7 Additional Charges Your cell phone service provider and or internet provider may charge you or your recipients additional fees in relation to any SMS MMS messages social connectivity messages and or other emails and or data collectively Data Plan Fees sent by you Please familiarize yourself with any such applicable plans Services and associated fees before using your INREACH CANADA Product You are responsible for any such applicable charges and fees 4 PAYMENT 4 1 Timely Payments You agree to pay on time any applicable activation for your Service Plan usage cancellation and disconnection fees plus any applicable taxes as provided in your Service Plan INREACH CANADA will bill your credit card monthly in accordance with the terms of your Service Plan This bill is due and payable in the currency specified in your Service Plan If your plan specifies monthly billing then the monthly recurring
48. sure that you have followed the synchronization process outlined in your User Manual to export any updates and or changes to your Registration Data contact information designated contacts social connectivity settings supported service options and pre programmed messages from your INREACH CANADA account to your inReach device 8 4 Content License from You You agree that you are solely responsible for and that INREACH CANADA has no responsibility to you or to any third party for any Content that you create transmit or display while using the Services and any associated software and for the consequences of your actions by doing so You acknowledge that the INREACH CANADA messages may include your location information You retain copyright and any other rights you already hold in Content which you submit post or display on or through the Software and or the Services You acknowledge and agree that by submitting posting or displaying the content you give INREACH CANADA a perpetual irrevocable worldwide royalty free and non exclusive license to reproduce adapt modify translate publish publicly perform publicly display and 11 Version 5 2 IIndated Sentemher 71 7015 8 5 8 6 inReach CANADA distribute any Content which you submit post or display on or through the Services and any associated software Furthermore you agree that this license includes a right for INREACH CANADA to make such Content available to other com
49. t INREACH Smartphone Applications and DeLorme GPS device anywhere there is coverage subject to the applicable restrictions due to local laws licensing certification requirements and regulations For a complete list of the certifications applicable to your INREACH Product and or the DeLorme GPS Device please see the device User Manual at manuals delorme com 2 3 Important Tips Your INREACH Product 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 INREACH Product so that the protruding antenna is oriented to the sky will improve performance and you should keep your INREACH Product 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 DeLorme GPS device or INREACH Smartphone Application with your INREACH Product 2 4 Message Schedule Redundancy is built into your INREACH Product to ensure more of your messages are transmitted It is normal for some INREACH 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 InReach automatically retries messages until it receives a satellite acknowledgement Placement of your INREACH unit can make a difference Experiment with placement until you are familiar with the reliability of your operating environment 2 5 Syn
50. t and End User License Agreement Service provided by InReach LLC or Roadpost Inc dba InReach Canada may become limited or temporarily unavailable without notice from time to time due to any number of reasons associated with managing a Satellite System Further this satellite based service requires a clear line of sight between the INREACH Product and the satellite therefore the service is inherently subject to transmission and reception limitations Further information regarding service coverage and potential interruptions can be found in the Terms of Service as defined below available at explore delorme com To the fullest extent permitted by law your use of this product constitutes acceptance of the fact that InReach LLC and its Service Providers and affiliates and their affiliates respective employees directors officers agents and suppliers hereby expressly limit liability for any claims damages losses costs and expenses incurred by you however caused and even if such damages were reasonably foreseeable to a total maximum aggregate value not to exceed the amount of service fees paid by you Further information concerning the limitations of liability for use of this product and service can be found in the Terms of Service available at explore delorme com 14 Version 5 2 IIndated Sentemher 71 7015 1 2 inReach CANADA NOTICE TO USER ACCEPTANCE OF TERMS PLEASE READ THESE LEGAL NOTICES CAREFULLY BY USING
51. t 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 and 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 that you may have access to 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 http www delorme com sources Software Changes and Updates You agree that InReach LLC or third party providers may make changes to the Software and associated Services in order to comply with applicable laws to Version K 2 IIndated Sentemher 71 7015 inReach CANADA maintain or improve the Software and or the Services or for other business reasons without notice to you and without liability for any changes in your ability to use the Software INREACH Product and or Service 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 gra
52. ted by you either when you activate your INREACH CANADA Product or any that you may add during your Term 3 1 3 2 3 3 Term The Term of the plan is one 1 month starting on the date of service activation You are committed for 1 month of service to be paid in equal monthly increments unless otherwise agreed Renewal All Service Plans automatically renew at the end of their Term for an additional month to month Term unless you cancel by notifying INREACH CANADA as provided in Section 3 4 Where required by law INREACH CANADA will provide you with advance notice of the renewal of your Service Plan Non Refundable Pre paid Service Plan fees are non refundable unless INREACH CANADA cancels the service in which event you will receive a prorated refund for airtime for the unused portion of the Plan Pre paid Service Plans may not be transferred to a third party account however upon your request they may be transferred to another INREACH CANADA Product within your own account Version 5 2 IIndated Sentemher 71 7015 inReach CANADA 3 4 Cancellation To cancel your Service Plan you can deactivate your device in the online Explore portal You may also call INREACH CANADA customer service at 1 800 337 3155 or email inreachcare roadpost com to cancel or if you have questions 3 5 Changes to Services You agree that INREACH CANADA or its service providers including DeLorme Iridium and GEOS may make changes to the Services in o
53. uch as Twitter or Facebook You are solely responsible for any data or content that you send via Text Messaging including any consequences of such messaging Text Messaging is subject to provisions of Section 8 4 Content License from you Bundled messages expire and replenish with each monthly bill cycle Unlimited Tracking Services Should you choose to purchase a plan with tracking service you may use the Service in compliance with the User Manual and its normal message transmission schedule as often as you wish provided that such use is for your 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 Consult the details of your service plan to determine the restrictions regarding tracking service available to your plan GEOS Search and Rescue Membership Should you choose to purchase the optional Search and Rescue membership provided by GEOS GEOS SAR Membership such contract will be directly between you and GEOS INREACH CANADA is not a party and in no way liable to you for Version 5 2 IIndated Sentemher 71 7015 inReach CANADA any damages or claims that may arise in connection with such optional Search and Rescue service The terms and conditions are located at http www geosalliance com geos services worldwide search and rescue The optional GEOS SAR is bil
54. y 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 your Registration Data 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 INREACH Version 5 2 IIndated Sentemher 71 7015 2 2 2 3 2 4 inReach CANADA CANADA 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 1 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 S

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