This website, associated mobile app, products, and the services provided (the "Service") are owned by OnPoint Systems, LLC (D/B/A SpotOn Fence), referred to hereafter as “SpotOn”. 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 SpotOn’s products, visiting the company’s website, or accessing the Service you (the "User" or "you") agree to these Terms. Users and SpotOn are individually hereinafter referred to as a "Party" and collectively as the "Parties."
From time to time, SpotOn may make changes to these Terms. Updated Terms can be found at the Legal Information link in the footer of www.spotonfence.com. It is the responsibility of Users to check for updates.
- Account Registration
- Third Parties
- User Obligations
- Proprietary Rights
- User Content
- Term; Termination
- Limitations of Liability
- Indemnification from Harm
- Binding Arbitration
- General Terms
Account RegistrationYou must be at least 18 years old in order to use the Service. You may be required to register with the Service. You are solely responsible for maintaining the confidentiality of your username and password, and for any and all activity that occurs under your account. If you believe your account has been compromised, please reset your password immediately and notify SpotOn immediately of any unauthorized use of your account or any other breach of security. You may be held liable for losses incurred by SpotOn as a result of failing to keep your account information secure.
ServicesUsers may access and use the Service solely for its intended purpose. SpotOn shall have no obligation to support a User’s use of the Service in the event that: (i) User modifies, interferes with, or does not follow the Service instructions; (ii) there is an error caused in whole or in part by companies or persons other than SpotOn, including without limitation, a cell carrier’s failure to properly enter or transmit data; or (iii) there is an 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 SpotOn.
Third PartiesThe User is responsible for all fees charged by third parties to access and use the Service including, but not limited to, 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).
To the extent that the Service incorporates any third-party software licensed by SpotOn. We do not warrant the offerings of any of these third parties. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
PaymentYou agree to provide current, complete, and accurate payment method and account information for all purchases made via our Service. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. If your order is subject to recurring charges, you consent to our charging your payment method on a recurring basis until such time as you cancel the applicable order. We reserve the right to change or terminate any pricing, promotions or discounts without notice. We reserve the right to refuse any order. Should we change the pricing of a subscription service, you will have thirty (30) days from the date of the charge to cancel your subscription and receive a refund for the most recent charge.
User ObligationsYou agree not to:
- Use the Service to track people, vehicles, or property;
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Service or any Service-related documentation;
- 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 the devices used by SpotOn or other Users (computer, tablet, smartphone, etc.);
- Use the Service for illegal purposes;
- 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;
- Access data not intended for User or logging into a server or account which User is not authorized to access;
- Interfere or disrupt networks connected to the Service;
- 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;
- Upload amounts of data and/or materials in excess of any limits specified by SpotOn 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
- Upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.
All text, graphics, data, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code used in our Service (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 SpotOn 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 SpotOn. 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.
These Terms shall remain in full force and effect while you use our Service. We reserve the right to immediately terminate these Terms and/or your access to and use of our Service at any time and for any reason, with or without notice. These Terms may automatically terminate in the event User fails to timely pay for the Services or otherwise breaches any of these Terms. User may terminate these Terms at any time by ceasing to use the Service. If you have an account, you may terminate your account for any reason at any time. 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.
The Service is provided "AS IS" and "as available." SpotOn 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 non-infringement. SpotOn does not warrant that the Service will operate uninterrupted or error-free.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTON 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 SPOTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE ENTIRE LIABILITY OF SPOTON 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 SPOTON.
Indemnification from Harm
You agree to defend, indemnify, and hold the Company and its affiliates, and their respective shareholders, directors, officers, employees, agents, distributors, and vendors harmless from and against any and all claims, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys' fees, arising from, connected with, or related to: (i) your use of the website; (ii) alleged breach of these terms; (iii) any activity related to your account by you or any other person accessing the site using your account; (iv) your violation of rights to a third party; or (v) the actions of your dog while using our Service.
No dog GPS fence or physical fence can completely prevent a dog from escaping a containment area or prevent people, animals, or objects from entering a containment area and harming a dog. This system is not recommended for dogs that have a history of harming people, animals, or property. If you believe your dog poses a threat to others, please do not use this system. While using the SpotOn Fence, Users should supervise their dog and take precautions to prevent dangerous situations. SpotOn Fence requires proper training of the dog using the system. We have provided training programs as a recommendation only. Individual dogs have different personalities and needs. Consult a certified dog trainer or veterinarian before using our Service.
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, conducted in Boston, Massachusetts, and judgment on the award rendered by the Arbitrator(s) shall be binding, conclusive and non-appealable and may be entered in any court having jurisdiction thereof.
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.
UPDATED: March 16, 2021