SpotOn Virtual Fence User Manual page 14

UNINTERRUPTED OR ERROR-FREE.
Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
OPS OR ITS SUPPLIERS/LICENSORS BE LIABLE TO USER OR ANY
THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE,
WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST
PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING
OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, IT S
CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CON-
TENT AVAILABLE THROUGH THE SERVICE, EVEN IF OPS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITH-
STANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE
ENTIRE LIABILITY OF OPS AND ITS SUPPLIERS/LICENSORS UNDER
THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF AC-
TION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE) IS LIMITED TO, AND SHALL NOT EXCEED, THE
AGGREGATE AMOUNT ACTUALLY PAID BY USER FOR ACCESS TO
AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO
THE EVENTS GIVING RISE TO A CAUSE OF ACTION AGAINST OPS.
Governing Law
These Terms and all claims related to it, its execution or the per-
formance of the parties under it, shall be construed and governed
in all respects according to the internal laws of the State of New
Hampshire without regard to the conflict of law provisions thereof.
User hereby waives any right to bring any claim against OPS in
court (including any right to a trial by jury), except as provided by
the rules of the arbitration forum in which a claim is filed. User
waives any right it may have to start or participate in, and agrees
to opt out of, any class action against OPS arising from or relating
to the Service or these Terms. Any controversy or claim arising out
of or relating to an alleged breach of these Terms or the operation
of this Service shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association before a single arbitrator. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consoli-
dated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Boston, Massachusetts
and the language of such arbitration shall be English. OPS may
seek any interim or preliminary relief from a court of competent
jurisdiction necessary to protect OPS' rights or property pending
the completion of arbitration. The arbitrator shall not have the
authority, power, or right to alter, change, amend, modify, add,
24
or subtract from any provision of these Terms. The arbitrator shall
have the power to issue mandatory orders and restraining orders in
connection with the arbitration. The award rendered by the arbitra-
tor shall be final and binding on the parties, and judgment may be
entered thereon in any court of competent jurisdiction.
Force Majeure
OPS shall not be in default or otherwise liable for any delay in or
failure of its performance under these Terms where such delay or
failure arises by reason of any Act of God, or any government or
any governmental body, war, insurrection, acts of terrorism, the
elements, strikes or labor disputes, or other similar or dissim-
ilar causes beyond OPS' control. User acknowledges that the
performance of certain OPS obligations may require the coopera-
tion of third parties designated by User and outside the control of
OPS. In the event such third parties fail to cooperate with OPS in
a manner that reasonably permits OPS to perform its obligations,
such failures shall be considered as causes beyond the control of
OPS for the purposes of this Section and shall not be the basis for a
determination that OPS is in breach of any of its obligations under
these Terms or is otherwise liable.
Notice
OPS may direct all notices intended for a User to the User's email
address provided upon registration of the Service (which a User
may update from time to time in the User settings available within
the Service). All notices required to be delivered to OPS shall be
delivered, in writing, to SpotOnCollar.com.
Waiver
No waiver shall be implied from conduct or failure to enforce
rights. No waiver shall be effective unless in writing signed by both
Parties.
Severability
If any provision of these Terms is held to be invalid, void or unen-
forceable, such provision shall be deemed to be restated to reflect
as nearly as possible the original intentions of the parties in accor-
dance with applicable law, and the remaining provisions of these
Terms shall remain in full force and effect.
Entire Agreement
These Terms shall constitute the complete agreement between the
Parties and supersedes all previous agreements or representations,
written or oral, with respect to the subject matter hereof.