SpotOn Virtual Fence User Manual page 12

REGULATORY
The SpotOn Virtual Smart Fence regulatory information can be
accessed through the collar's Home Screen. On the Home Screen,
follow the process below.
Step 1: Select SYSTEM | Step 2: Select ABOUT SPOTON | Step 3:
Select MORE
The follwing information will be displayed: FCC ID: 2APPWSO1
Includes FCC ID: XPY1CGM5NNN | IC: 24233-OPSVSF01
This device complies with Industry Canada's license-exempt RSSs.
Operation is subject to the following two conditions: (1) This device
may not cause interference; and (2) This device must accept any
interference, including interference that may cause undesired
operation of the device.
WARNING
SpotOn has been tested and meets applicable limits for human
radio frequency (RF) exposure per the FCC.
Specific Absorption Rate (SAR) refers to the rate at which the
human body absorbs RF energy. The SAR limit is 1.6 watts per
kilogram in countries that set the limit averaged over 1 gram of
tissue. During SAR testing, SpotOn radios are set to their highest
transmission levels and placed in positions that simulate typical
worst-case use conditions when near the body of a person.
This device complies with part 15 of the FCC Rules. Operation is
subject to the following two conditions: (1) This device may not
cause harmful interference, and (2) this device must accept any
interference received, including interference that may cause unde-
sired operation. See 47 CFR Sec. 15.19.
OnPoint Systems, LLC has not approved any changes or modifica-
tions to this device by the user. Any changes or modifications could
void the user's authority to operate the equipment. See 47 CFR
Sec. 15.21.
TERMS OF USE
This web site, web-based portal, associated mobile app, product
and the services provided hereby (the "Service") is owned by and
under the control of OnPoint Systems, LLC ("OPS"). Use and access
of the Service is subject to the following terms and conditions of
use (the "Terms") and all applicable laws and regulations. Please
read these Terms carefully. By using OPS' products and accessing,
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viewing or otherwise using the Service you (the "User" or "you")
agree to the terms and conditions set forth in these Terms. User
and OPS are individually hereinafter referred to as a "Party" and
collectively as the "Parties".
From time to time, OPS may supplement or make changes to these
Terms and other rules or access and use procedures, documen-
tation, security procedures and standards for equipment. Any
updates to these Terms shall be posted on the log-in page for the
Service, from time to time. It is your responsibility to periodically
review these Terms and determine its impact on you.
OPS' SPOTON VIRTUAL SMART FENCE" HAS BEEN DESIGNED WITH
THE MOST ADVANCED, RELIABLE COMPONENTS AND BEST PRAC-
TICES KNOWN. NO COLLAR, OR FOR THAT MATTER NO FENCE,
PHYSICAL OR VIRTUAL, CAN COMPLETELY PREVENT A DOG FROM
ESCAPING A CONTAINMENT AREA, OR PREVENT PERSONS OR
OBJECTS FROM ENTERING A CONTAINMENT AREA AND HARMING,
OR TAKING A DOG, AND OPS IS NOT RESPONSIBLE FOR SUCH
OCCURRENCES. FURTHERMORE, OPS IS NOT RESPONSIBLE FOR
HARM, INCLUDING DEATH, THAT MAY OCCUR TO AN INDIVIDUAL
ENTERING AN AREA WHERE A DOG OR OTHER PET IS LOCATED.
OPS' PRODUCTS ARE NOT A REPLACEMENT FOR (I) COMMON
SENSE OR INDIVIDUAL RESPONSIBILITY; (II) FOR A PET OWNER'S
TRAINING OF HIS/HER PET, OR AN OWNER'S DILIGENCE TO CON-
TAIN A PET WITHIN A DESIRED AREA.
OPS' PRODUCTS ARE NOT A SOLID BARRIER AND WILL NOT WORK,
AS INTENDED, WITHOUT PROPER TRAINING. FURTHER, OPS'
PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD
DOGS. IF YOU BELIEVE YOUR DOG MAY POSE A THREAT TO OTH-
ERS, DO NOT USE THIS SYSTEM.
OPS IS NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHO-
LOGICAL), INJURY OR DEATH OF YOUR DOG FOR ANY REASON TO
INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULA-
TION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY
OR DEATH OUTSIDE A CONTAINMENT AREA, FAILURE TO LOCATE
DOG, THEFT OF THE DOG, OR ANIMAL ABUSE.
Some of our Services are available on mobile devices. The services
allow you to navigate by vehicle or on foot to a dog's location. IT IS
YOUR RESPONSIBILITY TO USE GOOD JUDGMENT WHILE NAVIGAT-
ING. YOU SHOULD NOT BECOME FIXATED ON THE MOBILE DEVICE
AND LOSE OVERALL SITUATIONAL AWARENESS. LOSS OF SITUA-
TIONAL AWARENESS, WHETHER IN A VEHICLE, OR ON FOOT, OR
OTHERWISE MOVING CAN RESULT IN SEVERE INJURY OR DEATH.
YOU ARE RESPONSIBLE FOR OBEYING STATE LAWS REGARDING
THE USE OF MOBILE DEVICES WHILE OPERATING A VEHICLE.
At certain times such as when creating a custom map, or tracking
your dog using map mode or compass mode, or at other times, you
will be walking with the SpotOn Fence or App. WHEN WALKING
WITH THE SPOTON COLLAR OR SPOTON APP IT IS IMPERATIVE
THAT YOU MAINTAIN SITUATIONAL AWARENESS. THIS SITUA-
TIONAL AWARENESS NEEDS TO INCLUDE THE GROUND BEING
WALKED ON, LACK OF GROUND TO BE WALKED ON SUCH AS THE
PRESENCE OF A CLIFF, GULLY, RAVINE, HOLE OR OTHER SURFACE
AREA LOWER THAN THE SURFACE BEING WALKED ON, OBSTRUC-
TIONS IN YOUR PATH SUCH AS ROCKS, LOGS, CORDS, VINES, OR
OTHER OBJECT THAT CAN CAUSE A TRIPPING HAZARD OR RESULT
IN BODILY INJURY. ALSO, BE AWARE OF OBJECTS IN YOU PATH
SUCH AS TREES, TREE BRANCHES, CLOTHES LINES, BARS, WALLS
OR ANY OTHER OBJECT THAT YOU COULD IMPACT WITH ANY PART
OF YOUR BODY. NEVER WALK IN OR NEAR WOODED AREAS OR
NEAR OTHER OBJECTS THAT COULD TOPPLE, FALL, BREAK OFF OR
OTHERWISE STRIKE YOU, ESPECIALLY DURING PERIODS OF HIGH
WIND CONDITIONS. FAILURE TO MAINTAIN ADEQUATE SITUATION-
AL AWARENESS CAN RESULT IN SEVERE INJURY OR DEATH.
Intended Use
The SpotOn Fence and Services provided are intended for use
with a dog as a means to maintain the dog in a yard or other safe
designated area in a way that is more humane than other reten-
tion means such as physical fences that can block their view of
surroundings, dog runs, or similar means of containment. SpotOn
Services are also intended to enable people and their dogs to spend
more time together by enabling User to take their dog with them
knowing they can create a virtual fence wherever they go. With
the SpotOn Fence, many Users will be able to train their dog with-
out the need for aversive means. For Users who deem aversive
means necessary to teach their dog to safely stay in the designated
area, the lowest effective static correction level should be set as
described in SpotOn training material. OPS RESERVES THE RIGHT
TO DISCONTINUE SERVICE AND PROSECUTE ANY USER FOUND TO
NOT USE THE SPOTON COLLAR OR SERVICE AS INTENDED, AND IN
AN APPROPRIATE AND HUMANE MANNER.
Services
Subject to the terms and conditions of these Terms, OPS shall
provide the Service to User, and User may access and use the
Service solely for its intended purpose, provided, however, that
OPS shall have no obligation to support User's use of the Service in
the event that: (i) User modifies the SpotOn Collar or the Service
(or any component thereof) without OPS' prior written consent; (ii)
any error caused in whole or in part by companies or persons other
than OPS, including without limitation, User's or cell carriers failure
to properly enter or transmit data; or (iii) any error caused in whole
or in part by User's installation or use of the Service in association
with operating environments and platforms other than those speci-
fied, and supported, by OPS.
User is responsible for all fees charged by third parties to access
and use the Service (e.g., charges by user's mobile carriers).
User is solely responsible for the payment of all applicable fees
associated with any carrier service plan. User is solely responsible
for the payment of the OPS subscription fee to OPS for connectiv-
ity between the collar and smart phone app should user want to
use the app or the features it provides to include tracking. User is
responsible for all telecommunication fees in connection with the
use of the Service (such as voice, data, SMS, MMS, roaming, other
applicable fees charged by the carrier). Accordingly, User should
use care in selecting a service plan offered by your carrier.
To the extent that the Service incorporates any third-party
software licensed by OPS, then, in addition to the terms set forth
herein, User must comply with any additional terms, restrictions,
or limitations applicable to such third-party software. Additionally,
User acknowledges that OPS shall have the right to subcontract
performance of its hosting services, in which event the service lev-
els provided by any third-party hosting provider (including, without
limitation, any service levels that are stricter than the service levels
offered by OPS USER) will be incorporated herein by reference.
You must be at least 18 years old in order to use the Service. Ad-
ditionally, you agree not to: (i) use the Service to track people, ve-
hicles, or property (the Service is for tracking dog's only); (ii) copy,
decompile, reverse engineer, disassemble, attempt to derive the
source code, modify or create derivative works of the Service or
any Service related documentation; (iii) upload or distribute in any
way files that contain viruses, Trojan horses, worms, time bombs,
logic bombs, corrupted files, or any other similar software or pro-
grams that may damage the operation of the Service or another's
computer; (iv) use the Service for illegal purposes; (v) violate or
attempt to violate the security of the Service and from using the
Service to violate the security of other web sites by any method;
(vi) access data not intended for User or logging into a server or
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