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, 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, documentation, 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 PRACTICES 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 CONTAIN 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 OTHERS, DO NOT USE THIS SYSTEM.
OPS IS NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHOLOGICAL), INJURY OR DEATH OF YOUR DOG FOR ANY REASON TO INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULATION, 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 JUDGEMENT WHILE NAVIGATING. YOU SHOULD NOT BECOME FIXATED ON THE MOBILE DEVICE AND LOSE OVERALL SITUATIONAL AWARENESS. LOSS OF SITUATIONAL 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 Collar or App. WHEN WALKING WITH THE SPOTON COLLAR OR SPOTON APP IT IS IMPERATIVE THAT YOU MAINTAIN SITUATIONAL AWARENESS. THIS SITUATIONAL 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, OBSTRUCTIONS 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 SITUATIONAL AWARENESS CAN RESULT IN SEVERE INJURY OR DEATH.
The SpotOn Collar 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 retention 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 collar, many Users will be able to train their dog without 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.
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 specified, 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 connectivity between the collar and smart phone app should user want to use the app or the features it provides to include tracking. User uses in connection with its use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier), as we may send communications to you on your mobile device. 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 levels 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. Additionally, you agree not to: (i) use the Service to track people, vehicles, 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 programs 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 account which User is not authorized to access; (vii) interfere or disrupt networks connected to the Service; (viii) upload, post, promote or transmit through the Service any harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature; (ix) upload amounts of data and/or materials in excess of any limits specified by OPS from time to time and not to create large numbers of accounts or otherwise transmit large amounts of data so as to clog the Service or comprise a denial of service attack or otherwise so as to have a detrimental effect on the Service; or (x) upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.
User acknowledges OPS’ proprietary rights in the Service and associated documentation and shall protect the proprietary nature thereof. If User suggests any new features, functionality or performance for the Service that OPS subsequently incorporates into the Service (or any other software or service), User hereby acknowledges that (i) OPS shall own, and has all rights to use, such suggestions and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of OPS; and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon OPS.
Portions of the Service, require an account. In connection with establishing an account you will be required to provide a unique user identification name (email address) and password for access to and use of the Service (“
Site and Application Content
All text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Service is owned or licensed by OPS and is protected by copyright, patent and trademark laws. Except as expressly provided in these Terms, you do not obtain any rights, title or interest in or to the Content. The Service may display content that is not owned by OPS. This content is the sole responsibility of the entity that makes it available. Intellectual Property ownership of this content is reserved specifically to the entity providing the content.
You may use publically available information regarding our products and Services (such as product data sheets, videos, written articles and similar materials) purposely made available by OPS for downloading from the Site, provided that you 1) do not remove, obscure or alter any proprietary notices or legal statements displayed in or in connection with such Content, 2) use such information only for your personal, non-commercial informational purpose, 3) make no modifications to any such information, and 4) do not make any additional representations or warranties relating to such documents. Except for the foregoing, you may not copy or distribute any Content. Additionally, you may not remove, obscure, or alter any legal notices displayed in or along with OPS’ product or Service.
Portions of the Service may allow you to upload, submit, store, send or receive content. Additionally, the Service may contain bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other Users (the "Public Areas"). You agree to use the Public Areas only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Public Area. OPS has no obligation to monitor the Public Areas, provided, however, OPS reserves the right to review materials posted to the Public Areas and to remove any materials at any time, without notice, for any reason and in our sole discretion. OPS reserves the right to terminate or suspend your access to any or all of the Public Areas at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications by Users are not controlled or endorsed by OPS, and such communications shall not be considered reviewed, screened or approved by OPS. Statements made in postings, forums, bulletin boards and other Public Areas reflect only the views of their authors. OPS specifically disclaims any liability with regard to the Public Areas and any actions resulting from your participation in any Public Areas.
You acknowledge and agree that your communications with other Users via the Public Area or otherwise is public and not private communications, and that you have no expectation of privacy concerning your use of the Public Areas. You acknowledge that personal information that you communicate on the Public Areas may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE PUBLIC AREAS. We are not responsible for information that you choose to communicate to other Users via the Public Areas, or for the actions of other Users.
When you upload, submit, store, send or receive content to or through our Services, you give OPS (and those we work with) a perpetual, irremovable, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new services. This license continues even if you stop using our Services. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You acknowledge that OPS exercises no control whatsoever over the content of your information and it is your sole responsibility to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. OPS is under no obligation, however, to review your information for accuracy, potential liability or for any other reason.
OPS shall have the right to utilize data capture, syndication and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from your access and use of the Service (“Blind Data”). To the extent that any Blind Data is collected by OPS, such Blind Data shall be solely owned by OPS and may be used by OPS for any lawful business purpose without a duty of accounting to User, including, without limitation, providing User with the opportunity for User to benchmark itself against its peers, provided that the Blind Data is used only in an aggregated form, without specifically identifying the source of the Blind Data. Without assuming any obligations or liabilities of User, OPS agrees to use commercially reasonable efforts to comply with the applicable U.S. laws and regulations respecting the dissemination and use of such Blind Data.
These Terms shall commence upon OPS providing User with access to the Service and shall continue until terminated in accordance with the terms hereof. These Terms will automatically terminate in the event User fails to timely pay for the Services or otherwise breaches any of these Terms. Termination will be effective without notice. User may terminate these Terms at any time by ceasing to use the Service. Additionally, OPS reserves the right to terminate access to this Service or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its Users.
Upon termination of these Terms for any reason, User’s right to use the Service shall immediately cease. The terms and provisions set forth herein, other than the continued use of the Service, shall survive any termination of these Terms. Termination of these Terms shall not relieve either party of any obligation accrued prior to the termination date.
User acknowledges and agrees that in the event of any breach of these Terms by User, OPS will suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against User. Additionally, OPS may take whatever remedial action it determines in its sole discretion is appropriate if User violates these restrictions, including, but not limited to, immediate suspension or cancellation of the Service, and criminal proceedings.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OPS MAKES NO REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MERCHANTABILITY, OR NONINFRINGEMENT. OPS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
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, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT AVAILABLE THROUGH THE SERVICE, EVEN IF OPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING 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 ACTION (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.
These Terms and all claims related to it, its execution or the performance 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 consolidated 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, 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 arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
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 dissimilar causes beyond OPS’ control. User acknowledges that the performance of certain OPS obligations may require the cooperation 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.
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.
No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in writing signed by both Parties.
If any provision of these Terms is held to be invalid, void or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining provisions of these Terms shall remain in full force and effect.
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.