NautAlert Product and Monitoring
Terms and Conditions
NOTICE: By Purchasing Goods and/or services from Nautalert, LLC, you agree to be legally bound by theSE Terms and Conditions (“Terms”). THESE TERMS CONTAIN A LIMITATION OF LIABILITY PROVISION.
- Services; Payments; Late Fees; Credit Check
- Credit Card and Electronic Funds Transfer (EFT)
- We Are Not an Insurer
- Limitation of Liability
- Hold Harmless
- Legal Actions
- Monitoring Procedures
- Cellular/Internet Based Communications
- System Notifications
- Customer Duties
- Immediate Termination
- Termination With 30 Days’ Notice
- Charges to Credit or Debit Card as Result of Termination; Collections.
- Assignment; Third-Party Beneficiaries
- Governing Law; Notice
- Entire Agreement; Severability; Survival
- Prior Agreements
- Resolving Disputes
- Informal Resolution
- Formal Resolution; BINDING ARBITRATION
- Personal Information
- Limited Warranty
The terms “we”, “us”, “our” and “NautAlert” as used in these Terms mean Nautalert, LLC, a Maryland limited liability company, and any of NautAlert’s parents, subsidiaries, partners, related parties, employees, subcontractors, assignees or others that NautAlert hires to help deliver the System and/or Services. “Vessel” as used in these Terms means the vessel where your System is initially installed. “System” as used in these Terms means any and all goods you purchase from NautAlert. “Services” as used in these Terms means any and all monitoring services you purchase from NautAlert. If you provide NautAlert with an email address, you agree that NautAlert may send you emails regarding your System and Services or new NautAlert or third-party products and services. Depending on the System and Services you purchase, certain provisions in these Terms will not apply. To secure your obligations under these Terms, you hereby grant NautAlert a security interest in the System and NautAlert is authorized to file a financing statement. Upon providing notice to you, NautAlert shall have the right to update, revise or otherwise modify these Terms at any time.
The purchase price for the System shall be due and payable by you upon execution of your purchase. Should you refuse or fail to accept delivery of the System, then NautAlert shall be entitled to liquidated damages in the amount of twenty-five percent (25%) of the total purchase price. Failure to pay the entire purchase price of the System when due shall give NautAlert the right to keep any amounts already paid, repossess that System with or without notice, without obligation to redecorate or repair the Vessel or any other liability, and to avail itself of any legal remedy. You are solely responsible for the installation of the System. You hereby acknowledge that: (1) in order to function properly, your System must be installed in accordance with our exact instructions; (2) your failure to install the System in accordance with our exact instructions may result in a partial or total malfunction of your System; and (3) NautAlert is not responsible for any harm caused wholly or in part by an improperly installed System. You are solely responsible for supplying adequate power to the System. The System is designed to connect to your Vessel’s main battery. While the System’s built-in backup battery is capable of temporarily powering the System for a short period of time, you must continuously supply adequate power to the System in order for it to function. You hereby acknowledge that failure to supply an adequate amount of continuous power to the System will prevent the System from functioning. Unless expressly stated otherwise, NautAlert is in no way obligated to maintain, repair, service, replace, operate or assure the operation of the System or any devices to which the System is attached.
If you purchase a monthly subscription to Services, the service term will commence upon service activation and will continue for thirty (30) days. Absent proper notice of cancellation, the service term for a monthly subscription to Services will automatically renew for 30-day terms upon expiration. Payment for a monthly subscription to Services shall be payable by you in advance on the first day of each service month. If you purchase a yearly subscription to Services, the service term will commence upon service activation and will continue for one (1) year. Absent proper notice of cancellation, the service term for a yearly subscription to Services will automatically renew for 1-year terms upon expiration. Payment for a yearly subscription to Services shall be payable by you in advance on the first day of each service year. Services shall continue under this Section until you provide NautAlert with at least thirty (30) days prior written notice of cancellation. We may impose a one-time late charge on each payment for Services that is more than ten (10) days past due, which shall be the lesser of $5.00 or the highest amount permitted by law. We may impose returned check charges of the greater of $25.00 or 5% of the amount of the returned check. You consent and authorize us to: (i) obtain a non-investigative consumer report about you from a consumer reporting agency at any time; (ii) report your payment performance to credit reporting agencies; (iii) obtain and transmit your name, address and social security number to our affiliates and credit reporting agencies for purposes of verifying your credit history and rating; and (iv) record our telephone conversations with you and users of your System for verification and quality control purposes.
You authorize us to make charges, in accordance with your payment schedule for Services, to the credit card, debit card or bank account you select for the amount due each month or year (depending on the subscription to Services you select) and any other amounts you may owe us from time to time, including, without limitation, all state and local taxes or other governmental fees and charges, if any, which are assessed upon the System and/or Services, including fees or charges assessed against discounted fees or Service credits, early cancellation fees and/or non-returned equipment fees. The amount due each month or year (depending on the subscription to Services you select) will be equal to the sum of the fees for your Services, which is a fixed, recurring amount. In order to authorize automatic charges to your credit card, debit card or bank account as your form of payment, you must log into our website and supply the required information. Your authorization will remain in effect until we have received written notification from you of its termination, which must be at least fifteen (15) days prior to the next scheduled payment date. Your automatic payments will appear on your bank account, debit card or credit card statement. Should we be unable to obtain payment using your selected payment method, you remain liable for all payments owed and must make said payments by check or other means. Charges may be applied to your account each month or year (depending on the subscription to Services you select) as early as the transaction date. If an Automated Clearing House (“ACH”) transaction is rejected for Non-Sufficient Funds (“NSF”), NautAlert may attempt to process the charge again within thirty (30) days, and an NSF charge may apply. The origination of ACH transactions to your account must comply with the provisions of U.S. law. You represent and warrant that you are an authorized user of the bank account, debit card or credit card account provided to NautAlert for payment of amounts owed, and you shall not dispute payments from this account with your credit or debit card company or bank so long as the amount corresponds to the amount owed.
YOU AGREE THAT: (i) WE ARE NOT AN INSURER OF YOU, OTHER PERSONS PRESENT AT YOUR VESSEL, OR YOUR VESSEL OR ITS CONTENTS; (ii) IT IS YOUR RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING YOU, YOUR VESSEL AND ITS CONTENTS, AND OTHER AFFECTED PERSONS AND PROPERTY; (iii) OUR SERVICE FEES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THESE TERMS, AND NOT ON THE VALUE OF YOUR VESSEL OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF INJURY (INCLUDING DEATH) TO YOU OR OTHERS; AND (iv) THE SYSTEM AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT. WE CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT, OR SEVERITY OF ANY DAMAGES OR INJURIES THAT YOU OR OTHERS MAY INCUR WHICH COULD BE DUE TO THE FAILURE OF THE SYSTEM OR SERVICES TO WORK AS INTENDED. AS SUCH YOU AGREE THAT (a) THE LIMITS ON OUR LIABILITY, WAIVERS AND INDEMNITIES, SET FORTH IN THESE TERMS ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES; (b) YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES, AND (c) EXCEPT AS PROVIDED IN SECTION 6 BELOW, YOU WAIVE ALL RIGHTS AND REMEDIES AGAINST US, INCLUDING SUBROGATION, THAT YOU, ANY INSURER, OR OTHER THIRD PARTY MAY HAVE DUE TO ANY LOSSES OR INJURIES YOU OR OTHERS INCUR.
YOUR EXCLUSIVE REMEDIES FOR OUR LIABILITY ARE SET FORTH IN THIS SECTION. EXCEPT AS PROVIDED IN THIS SECTION, NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIABLE FOR ANY LOSS, INJURY, OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE FAILURE OF EITHER THE SERVICES OR SYSTEM TO WORK AS INTENDED, DELAYS IN THE REPAIR/REPLACEMENT OF YOUR SYSTEM UNDER THE LIMITED WARRANTY, CYBER SECURITY OR DATA BREACHES, OR ANY OTHER INCIDENTS OR UNDERTAKINGS RELATED TO THE SYSTEM, THE SERVICES OR THESE TERMS. WE ARE NOT LIABLE FOR INTERRUPTIONS OF YOUR SERVICES BEYOND OUR CONTROL, OR ANY RESULTING CONSEQUENCES. SHOULD SUCH INTERRUPTION OCCUR, WE ARE NOT OBLIGATED TO SUPPLY YOU SUBSTITUTE SERVICES. IF WE OR ANY PERSON OR ENTITY AFFILIATED WITH US IS DETERMINED TO BE RESPONSIBLE FOR ANY SUCH LOSS, INJURY, OR OTHER CONSEQUENCE, YOUR CLAIMS AGAINST US SHALL BE LIMITED TO THE LESSER OF (i) $1,000.00; OR (ii) TWELVE (12) TIMES THE MONTHLY/YEARLY (AS APPLICABLE) FEE FOR SERVICES. THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY NO MATTER HOW THE LOSS, INJURY, OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, BREACH OF THESE TERMS, INCLUDING WITHOUT LIMITATION ANY BREACH OF WARRANTY, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT. YOU UNDERSTAND THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A NECESSARY CONDITION OF YOUR SYSTEM AND SERVICES AND THAT WE WOULD NOT PROVIDE THE SYSTEM OR SERVICES WITHOUT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, PUNITIVE, SPECULATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST, COMPROMISED OR DAMAGED PERSONALLY IDENTIFIABLE INFORMATION OR OTHER DATA. YOU ACKNOWLEDGE THAT THESE TERMS CONTAIN A LIMITATION OF LIABILITY PROVISION THAT YOU HAVE READ AND UNDERSTOOD.
IF ANY THIRD PARTY FILES ANY CLAIM OR LEGAL ACTION AGAINST US OR ANY OTHER PERSON OR ENTITY AUTHORIZED TO ACT ON OUR BEHALF, ARISING FROM THE SERVICES OR SYSTEM, YOU AGREE TO DEFEND AND HOLD US COMPLETELY HARMLESS FROM ANY SUCH ACTIONS, INCLUDING ALL DAMAGES, EXPENSES, COSTS, AND REASONABLE ATTORNEYS' FEES WE INCUR. THIS INDEMNIFICATION SHALL APPLY EVEN IF SUCH ACTIONS ARISE FROM OUR NEGLIGENCE, BREACH OF THESE TERMS, STRICT LIABILITY, NON-COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATION, OR OTHER FAULT, SUBJECT TO OUR LIMITED LIABILITY SET FORTH ABOVE. UNLESS PROHIBITED BY YOUR PROPERTY INSURANCE POLICY OR OTHER INSURANCE, YOU AGREE TO RELEASE US FROM ANY CLAIMS OF ANY PARTIES SUING THROUGH YOUR AUTHORITY OR IN YOUR NAME, SUCH AS YOUR INSURANCE CARRIERS, AND YOU AGREE TO DEFEND US AGAINST ANY SUCH CLAIM. YOU WILL NOTIFY YOUR INSURANCE CARRIER(S) OF THIS RELEASE.
EXCEPT WHERE PROHIBITED BY STATE LAW, NO CLAIM OR LEGAL ACTION THAT EITHER PARTY MAY HAVE ARISING OUT OF THESE TERMS, THE SYSTEM OR THE SERVICES (WHETHER BASED ON AGREEMENT, NEGLIGENCE OR OTHERWISE) MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION FOR SUCH CLAIM ACCRUED. If, upon your default, this contract is placed in the hands of an attorney for legal action, you agree to pay all reasonable collection fees and costs.
Depending on the System you select, your System may be able to detect battery power, temperature changes, vessel location, water level, exterior contact and/or other sensors as they become available. If you purchase Services, your System will be programmed to communicate with our monitoring facility (the "Center"). When the Center receives a signal from your System (an "Alarm Event"), we will make reasonable efforts to notify you using the contact information you provide during the sign-up process for the Services. Our notifications are limited to text messages and/or emails sent to your computer and/or phone (depending on your account configuration). You acknowledge that NautAlert will not, under any circumstances, contact any emergency services on your behalf, including without limitation, police, fire, ambulance or other emergency response units. IN accordance with AND SUBJECT TO Sections 5, 6 and 7 above, NautAlert is not responsible for any harm caused to any person or property due to missed or false Alarm Events (even if NautAlert is at fault). In the event an Alarm Event is detected, we may, in our sole discretion, endeavor to verify that it is not a false alarm. We may, without notice to you, in response to governmental or insurance requirements, or for any other commercially reasonable purpose within our discretion, alter, amend or discontinue any of our policies and procedures for Services. Also, you acknowledge and agree that any special instructions provided by you for the handling of Alarm Events, including notification to a different phone or computer, must be presented to us and agreed to in writing. We may, in our sole discretion, reject your special instructions. You understand that any deviation from our normal procedures may result in increased risk of loss or damage to you and your Vessel. Charges for communications to and from the Center or any other remote sites are not included and shall be paid directly to the telephone/internet company by you.
Depending on the System/Services you select, your System may communicate with the Center using a cellular, GPS and/or internet (Cable, Wi-Fi, BPL, DSL, fiber or other) connection. YOU ACKNOWLEDGE THAT SIGNAL TRANSMISSION MAY BE INTERRUPTED BY IRREGULARITIES IN YOUR CELLULAR, GPS OR INTERNET SERVICE, POWER OUTAGES OR OTHER CIRCUMSTANCES BEYOND OUR CONTROL, IN WHICH CASE THE CENTER WILL NOT RECEIVE THE SIGNAL FROM THE SYSTEM. You are required to maintain a cellular, GPS and high-speed/always-on internet connection at all times. We strongly recommend that you implement uninterrupted power supply (“UPS”) at your Vessel to ensure uninterrupted communication service. There may be times when your System will be unable to acquire, transmit, or maintain a connection with the Center, and wireless transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including congestion, wireless carrier maintenance, storms and power failures. We are not responsible for your cellular, GPS or internet service, or your connection with the Center. You agree that your telecommunication provider's liability is limited to the same extent our liability is limited pursuant to these Terms and that the Center cannot receive signals should your System's mode of signal transmission become interrupted, non-operational, or damaged. You also acknowledge that your System is a non-supervised reporting device, and that we will not be aware of any interruption in the communication of your System with our Center.
You acknowledge that, depending on the placement of Contact, Temperature, Water and other NautAlert sensors (which, unless expressly stated in our instructions, shall be at your sole discretion), an Alarm Event may not always be detected.
Based on your account configuration, you may receive notifications, messages, emails and/or text messages on your computer and/or phone. You understand there is inherent risk associated with response to potential Alarm Events. Under no circumstances will we be liable for any loss, injury or damage of any kind incurred as a result of your self-response to these notifications, messages, emails and/or text messages. We are not responsible for any software or hardware purchases necessary for you to remotely access your System. Also, we are not responsible for your internet, cellular, GPS or telecommunication services, which can be affected by conditions beyond our control. We are not responsible for notification, message, email or text message delivery times, which can vary greatly and are not guaranteed. Standard internet service provider, text messaging and cellular data rates from your carrier and service providers may apply.
In addition to your other obligations under these Terms, you must: (i) instruct all persons who use the System on its proper use; (ii) test your System's protective devices and send test signals at least monthly to our Center; (iii) remove all items that interfere with detection devices; (iv) replace batteries powering the System as needed; (v) notify us immediately of a problem with your System; (vi) obtain and keep in effect all permits and licenses required for the installation and operation of your System; (vii) pay all governmental usage fees and taxes imposed on or in connection with your System; (viii) provide us and maintain complete and accurate contact information and promptly notify us in writing of any changes to it; (ix) provide us any other emergency information we may request; and (x) notify us prior to any change in your phone or internet service, including but not limited to a disconnection of your regular phone line. Your failure to perform under this Section is a material breach of these Terms. You agree that we may provide your information to any governmental authority having jurisdiction over us or your System. You can direct any problems and inquiries regarding the Services or the System to NautAlert at 8245 Parkway Road, Clearwater Beach, Maryland 21226 (Attn: Customer Service); email: email@example.com.
We may terminate Services, with or without notice, at any time for any of the following reasons: (i) the Center, equipment or facilities, or telephone network are destroyed, damaged or malfunction, so that it is impractical for us to continue providing the Services; (ii) we determine that it is impractical to continue providing our Services due to the modification or alteration of the monitored Vessel after installation of your System, or that the condition of the monitored Vessel presents an undue risk to our personnel; or (iii) your System generates excessive false alarms due to circumstances beyond our control. Upon termination of Services pursuant to this Section, we will refund any advance payments you may have made beyond the termination date (less any amounts still due).
We may, upon thirty (30) days prior written notice, suspend or terminate your Service for any of the following reasons: (i) you fail to pay any amounts when due; (ii) you otherwise fail to comply with your obligations under these Terms; (iii) you fail to follow operating instructions for your System, or tamper with or allow unauthorized persons to access or repair your System, which causes the system to malfunction; or (iv) you become a debtor in any bankruptcy proceeding.
Pursuant to Section 4 above, you authorize us to make charges to the credit card, debit card or bank account you select. You understand that you will incur fees and charges as a result of your receipt and use of the Services and/or System. By giving us your bank account, credit card or debit card account information at any time, you authorize us to apply this method of payment, in accordance with applicable law to satisfy any and all amounts due upon cancellation/termination. You also acknowledge and agree that you are required to maintain current bank account, credit card or debit card information with us and agree to notify us whenever there is any change in such information, such as a change in card number or the expiration date and additionally, that NautAlert may obtain such updated information through payment card networks, card issuers or other third-party sources. If, at the time of cancellation/termination, you have made any advance payments owed to us beyond the cancellation/termination date, we will subtract from the amount of any unused payments any amounts you may owe us at that time. We will then either send you a refund for the prorata amount remaining from the advance payments or let you know the remaining amount due. In addition, you also promise to pay us any reasonable fees and expenses we may incur in collecting any amount owed, including reasonable attorneys' fees. You also agree not to hold us liable for any losses you may experience as a result of our suspension or termination of your Services for any reason. If you or we suspend or terminate your Services, the System will not operate and our Center will not provide notifications. If you are past due or in default, we are authorized to seek collection of the past due amount. To the extent permitted by law, you agree to waive the applicable provisions of the Fair Debt Collection Practices Act by allowing and requesting us to contact you for the purposes of collecting a debt. We may transfer any past due account to an independent third-party collection agency for the purpose of collecting a debt. You will be responsible for paying the entire remaining balance owed, as well as all fees assessed by the collection agency, to the extent allowed by applicable law. You acknowledge that any attempts to collect a debt by a third-party collection agency are not to be attributed to us.
You must create a password for your System. You may be asked for your password when making changes or inquiries with regard to your account, and in connection with Alarm Events. Accordingly, you agree to: (i) keep login and password information confidential and not share them with anyone else; (ii) immediately notify us of any unauthorized use of your password and account or other breach of security; and (iii) use only your login and password to log into your account. We will not be liable for any claims, liabilities, damages, losses or expenses arising from the use of your account or password by third parties.
You may not assign or transfer the System, Services or these Terms without our written consent and any attempted assignment by you will be void. The System and Services may not be transferred to a different location (other than your Vessel) unless expressly authorized by NautAlert in writing. We may assign these Terms or subcontract any of our obligations without your consent and without notice to you. These Terms shall apply to the work and services of our assignees, affiliates, parents, subsidiaries and subcontractors, and shall extend to and protect our assignees, affiliates, parents, subsidiaries and subcontractors in the same manner it applies to and protects us. OUR CONTRACTORS AND AFFILIATES SHALL BE DIRECT AND INTENDED THIRD-PARTY BENEFICIARIES OF THESE TERMS AND MAY ENFORCE IT DIRECTLY AGAINST ANY OTHER PARTY HERETO.
These Terms, the System and the Services shall be governed by applicable Federal laws and the laws of the state of Maryland. These Terms are subject to modification if required by such laws. Notwithstanding the foregoing, Section 23 (Resolving Disputes) shall be governed by the Federal Arbitration Act. If sent by us, notices are considered delivered when we send them by email or mail to any email or mailing address you have provided to us. If sent by you, notices are considered delivered three (3) days after mailing to NautAlert at 8245 Parkway Road, Clearwater Beach, Maryland 21226 (Attn: Customer Service).
Estimates, proposals and/or oral understandings that are inconsistent with these Terms are not binding. These Terms shall govern over the provisions of any other document or record with inconsistent terms. You agree that we are not bound by and you have not relied on any representation, promise, condition, inducement or warranty, express or implied, not included in these Terms. If any of the provisions of these Terms shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. In the event that a provision of these Terms is determined to be invalid or unenforceable, said provision shall be modified to the minimum extent necessary to render it valid and enforceable. Said modified provision shall be in full force and effect as if it were originally part of these Terms. A waiver of any part of these Terms in one instance is not a waiver of any other part or any other instance. The provisions of these Terms shall survive the termination or expiration of your Services and your account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you or any sale by us of your account. The provisions of these Terms shall inure to the benefit of our parent, subsidiaries, affiliates, predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities.
You represent and warrant that your agreement to be legally bound by these Terms does not breach and will not breach any contract you may have with any other third party. You agree to defend and, to the extent permitted by law, indemnify us and our representatives from and against and pay for (without any condition or obligation that we first pay) all claims, demands, suits, liabilities, losses, damages, judgments, costs and expenses as a consequence of your breach of this representation and warranty.
The parties agree that these Terms will become legally binding on both parties upon your purchase of any good or service from NautAlert. You acknowledge that you have fully read and understand the entirety of these Terms. You further acknowledge that NautAlert would not have provided you with the System or Services without your agreement to be legally bound by these Terms.
In order to expedite and control the cost of disputes, the parties agree that any legal or equitable claim relating to or arising out of these Terms, the System and/or the Services (referred to as a "Claim") will be resolved as follows:
he parties will first try to resolve any Claim informally. Accordingly, neither party may start a formal proceeding for at least sixty (60) days after notifying the other party of a Claim in writing. Such notices are to be sent in accordance with Section 19 above. This Section 23.1 shall not extend the applicable statute of limitations for any Claim, as set forth in Section 8 of these Terms.
If the parties cannot resolve a Claim informally pursuant to Section 23.1, said Claim shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. NautAlert, within its sole and absolute discretion, shall select the arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms.
You consent to NautAlert’s use of your personal information and that of third parties provided by you for the purpose of setting up and administering the Services (including credit approval, invoicing and collecting) and providing information on new equipment or services. You consent to the recording of any telephone conversations with NautAlert representatives. You have obtained the consent of the third parties, whose personal information you provided to NautAlert, to use such personal information for the administration of your account. NautAlert may collect, use, disclose and transfer your personal information, and that of third parties provided by you.
NAUTALERT HAS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON FOR DELAYS IN THE INSTALLATION, REPLACEMENT OR REPAIR (UNDER THE LIMITED WARRANTY) OF THE SYSTEM, REGARDLESS OF THE REASON. NAUTALERT HAS NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS OF SERVICE OR ANY RESULTING CONSEQUENCES WHETHER DUE TO STRIKE, RIOT, FLOOD, FIRE, TERRORISM, ACT OF GOD, EPIDEMIC, PANDEMIC (INCLUDING COVID-19/CORONAVIRUS) OR ANY OTHER CAUSE WITHIN OR BEYOND NAUTALERT’S CONTROL. IF THERE ARE SERVICE INTERRUPTIONS, NAUTALERT HAS NO OBLIGATION TO SUPPLY YOU WITH SUBSTITUTE SERVICES.
All software is proprietary to NautAlert and/or NautAlert’s suppliers and is licensed or sublicensed to you on a non-exclusive basis. You will not: (a) disclose the software or any source code for the software to any third parties; (b) duplicate, reproduce, reverse engineer, modify, create derivative works from or copy all or any part of the software; or (c) use the software on equipment other than the equipment contemplated by these Terms. NautAlert is not responsible or liable for any damages to or changes in the performance of your computer or phone following installation of any software or provision of services. You agree to receive any software updates and upgrades that NautAlert or its contractors send or remotely download.
EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY ABOVE, ALL SYSTEM/SERVICES THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAUTALERT DISCLAIMS: (a) ALL EXPRESS WARRANTIES TO YOU; (b) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND; AND (c) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE, BUT ARE NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ANY SYSTEM/SERVICES SHALL BE WITH YOU. NAUTALERT SHALL HAVE NO RESPONSIBILITY FOR ANY SYSTEM THAT IS WHOLLY OR PARTIALLY MANUFACTURED BY THIRD PARTIES.
The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.