The following terms of service and the Privacy Policy (together, the “Terms”) govern your access and use of and describe your rights and responsibilities while using Our Services (as defined below). By registering and using the LocMarine 4G service, including certain proprietary software of LocMarine (the “Service”), you are hereby agreeing to be bound by the following terms and conditions (“Terms of Use”). These Terms of Use is an agreement between you and LocMarine Telematics LLC (collectively with its successors and assigns, “LocMarine”, “Service Provider”, “we” or “us”), and is in addition to, and not in lieu of, the written service agreement between you and/or your organization, on the one hand (collectively, “you” or “End User”), and LocMarine, on the other hand, regarding the Service (as amended and in effect, the “Service Agreement”), the terms and conditions of which are hereby incorporated by reference thereto.

By installing the LocMarine Device or having the LocMarine App installed (for example, and not by way of limitation, by permitting LocMarine or its authorized Partner to install the Device on hardware owned, controlled, or operated by End User), and/or by using the Device or a program containing the Device, and/or by downloading the App and/or by activating the App by checking and/or clicking the “AGREE” or similar box or button upon the installation of the App, you are binding the business entity that you represent (i.e., End User) to the terms and conditions of this Agreement.

LocMarine is only willing to provide the Service only to parties that have accepted all the terms and conditions herein this Agreement. Further, by clicking on the “AGREE” button upon launching the LocMarine Pro App, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms herein this Agreement, LocMarine is unwilling to provide the Service to you and you are advised to discontinue your use of the Service.

The Service Contract has a minimum Contract Period during which the End User is obligated to pay the Service Charge. The Service Agreement may be entered into online during the purchase of the LocMarine Device or online during the installation of the LocMarine Device/App.

LocMarine may, in its sole discretion and at intervals of its sole choosing, modify the Service and/or these Terms of Use at any time and without prior notice. It is your responsibility to monitor such changes and to determine whether or not to continue to access and use the Service based upon any such changes. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service may update automatically and if such Service is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.

ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF USE, YOU CONSENT TO ANY SUCH MONITORING.

1. DEFINITIONS

“Agreement” means the entire understanding and agreement between LocMarine and you that incorporates the Terms and any agreed variations;

“Service Provider” means LocMarine;

“Service” means the system we make available under this agreement for monitoring and reporting applicable sensor data, the Service Provider’s telecommunication infrastructure and System which notifies the End User of an occurrence onboard detected by the installed LocMarine Device and which relays to the End User other information relating to the LocMarine Device and the vessel on which the Device is installed;

“LocMarine Device” means, collectively or individually, as the context so requires, any and all hardware that is sold by or distributed through Service Provider for use of the Service.

“LocMarine System” means, collectively, the servers and other hardware and infrastructure through which the Service is provided by the Service Provider.

“Visitors” means Users that not logged into or otherwise, created an account through our Service.

“Action Plan” means the predetermined plan of action if any major event occurs aboard the applicable boating vessel upon which the LocMarine Device is installed.

“User Content” includes any such content posted to the LocMarine Support Community as well as any other part of the LocMarine Service.

“Contract Period” means the period during which the End User has subscribed and paid to use the Service as set forth in the Service Agreement.

“Distributor” means any representative of Service Provider which is authorized by Service Provider to distribute LocMarine Devices.

“Early Termination Fee” means the fee charged to the End User if or when the End User terminates its Service Agreement prior to the expiration of the then-effective Contract Period. The current Early Termination Fee is $0.

“Network” means the public telecommunications system through which the LocMarine Service is made available.

“Service Charge” means the fees paid or payable by the End User for the Service during the Contract Period as set forth in the Service Agreement.

“Website” means www.locmarine.com , Locmarine.us and App mean LocMarine and both enable the End User to access information provided via the service and from the Service Provider and other third-parties.

2. SERVICES

During the term of this Agreement, LocMarine will provide to you 7 days per week, 24 hours per day monitoring aboard the applicable boating vessel upon which the Locmarine device is installed in accordance with the provisions set forth herein this Agreement. The Service includes cellular (GSM) communication between the LocMarine Device and the LocMarine Systems, text (SMS) message communication between the LocMarine System and the End User’s mobile phone, e-mail communication between the LocMarine System and the End User, and access to the LocMarine’s web portal on the Website through the Internet. The Service also includes access to support during the Contract Period, free software upgrades, and the right to use the Service.

3. SERVICE AVAILABILITY AND DEVICE USAGE LIMITATIONS

The ability of the LocMarine device to accurately track the applicable boating vessel upon which the LocMarine device is installed is dependent upon the availability of GPS, cellular network and/or wireless internet coverage subject to your location. The cellular (GSM) service is available both domestically within the U.S.A. and internationally excluding certain countries like China, Colombia, Venezuela, Cuba, Iran, North Korea, Russia, etc due to applicable regulatory laws. If you reside in such countries where the LocMarine Service is limited, we recommend that you do not purchase the LocMarine device.

All cellular (GSM) communication between the LocMarine Device and the LocMarine System is included in the Service Charge. The End User hereby acknowledges that the availability of the Service may be affected by factors outside the Service Provider’s control such as, but not limited to, physical obstructions, availability of Internet connections, routing of data over the Internet, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks to which the Network is connected.

You understand that a portion of the device relies upon the availability of GPS coverage, wireless internet network availability and/or cellular network coverage to operate properly as well as the availability of satellite GPS data, both of which are provided by a third party that is not controlled by LocMarine. You agree that if we were to have any liability greater than that agreed to by you pursuant to section 17 of this agreement, we could not and would not provide the device or service. you acknowledge that you should obtain any life, medical or disability insurance for the protection of yourself and others who may use the device. you understand that there are alternatives available to you such as 911 emergency telephone service and you have selected this service with a full understanding of its limitations, and the limitation of our liability set forth in section 18.

In consideration of the service availability, you acknowledge that neither we nor any of our subcontractors represent or warrants that the device or the service will prevent death, bodily or personal injury or damage to you, other or the applicable boating vessel upon which the LocMarine device is installed.

In connection with any such adverse effect on the quality and availability of the Service, the Service Provider shall incur no liability to the End User whatsoever. Notwithstanding such effects to the Services during the Contract Period, the End User shall remain liable for the payment of the Service Charge.

4. ACCESS AND USE; GUIDELINES FOR INSTALLATION AND USE

 All right, title and interest in the Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by LocMarine or designated third parties. Subject to these Terms, LocMarine grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of providing our agreed service on the applicable boating vessel upon which the LocMarine device is installed.

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the LocMarine Device and Services. You agree that it is your responsibility, and not the responsibility of LocMarine, to ensure that you comply with any applicable laws when you use the LocMarine Device and Services, including but not limited to:

I. any laws or regulations relating to text messaging, email notifications, the recording or sharing of video or audio content, and/or;

II. any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the LocMarine Device or Services.

5. ACCOUNT AND ELECTRONIC COMMUNICATIONS

You may be required to sign up for an account and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself and the applicable boating vessel upon which the LocMarine device will be installed in. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password.

You accept responsibility for all activities that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at [email protected]. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.

You authorize us to use the contact information you provide us to communicate with you about our Site and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including through posting or email, satisfy any legal requirement that such communications be in writing. You may opt-out of receiving marketing e-mails from us by following the opt-out instructions provided to you in those e-mails.

We reserve the right to terminate access to your User Account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.

The Site provides various mechanisms to disable or delete your User Account. For many of our sites, you can log in to your User Account and disable or delete your account through the account settings. In some instances, LocMarine may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.

Please note that if you have created a User Account with us, and that same User Account can be accessed either through a website or through the LocMarine mobile app (i.e., LocMarine ), deleting the mobile app will not delete your User Account. You must visit the website to delete your User Account or contact us at [email protected].

6. TRADEMARKS AND COPYRIGHTS

Nothing on or in the Device or Services provided to you by LocMarine shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of LocMarine or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, LocMarine is the owner of all trademarks and service marks on or in the Device and Services provided to you, whether registered or not, including, without limitation, LocMarine expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).

7. ROAMING

The LocMarine Service permits to enable you to use the LocMarine Device in selected international countries utilizing the networks of available international roaming networks. Every nation has the right to specify limits on telecommunication roaming. It is the End User's responsibility to ensure that the LocMarine device can legally operate in such country and/or territories and your usage will be subject to any terms and conditions, including terms of use, of the international roaming providers. Neither LocMarine nor any Communications Provider shall be liable for the confiscation of equipment, lost revenue, fines, penalties or any other consequences resulting from illegal or disallowed roaming usage.

8. CONTRACT PERIOD

This Contract period shall commence immediately upon the installation of the LocMarine GPS monitor box and the installation of the LocMarine  app, effective upon the User agreeing to the terms on the LocMarine  app and shall be in effect for 1 year. The first year of service shall be free subject to which subsequent contract terms shall be adjusted to include an annual service fee.

9. PAYMENT AND CANCELLATION

9.1 Billing

After the six months free service from LocMarine, End User shall be required to purchase a Paid Subscription directly from LocMarine or through a third party on an annual basis.

LocMarine may change the price for the Paid Subscription, including recurring subscription fees from time to time and will communicate any price changes to you in advance and, if applicable, how to accept such changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the LocMarine Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect. The End User is required to pay the Service Charges promptly during the Contract Period or for as long as the Service Contract is in effect. The Service Charge is automatically billed to the End User’s credit card on the annual anniversary of the Service Contract throughout the Contract Period (the “Billing Cycle”). The End User is required to maintain and enter valid credit card information through the LocMarine web portal, and the Service Charge will be billed and charged to such credit card each month or year, as applicable.

9.2 Renewal; Cancellation

When you purchase the LocMarine annual subscription, your annual subscription will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the applicable subscription period through the settings section on the LocMarine  app. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded from the paid subscription. We do not provide refunds or credits for any partial subscription periods. Upon the End User’s failure to pay any Service Charge, LocMarine reserves the right to limit or terminate the End User’s use of the Service and/or to terminate the Service Contract, and the End User shall remain liable to pay the Early Termination Fee.

9.3 Early termination fee

The Service Subscription may be terminated before the expiration date of the Contract period, upon payment to Service Provider of the Early Termination Fee.

10. USE OF THE BUILT-IN SIM CARD

The LocMarine Device has a built-in SIM card, the title to which belongs to the Service Provider and not the End User. The Service Provider reserves the right to cancel the Service and permanently terminate the SIM card if:

- the End User fails to pay any Service Charge;

- the Service remains unused and the service agreement is not renewed or terminated after a period of three (3) months after the initial Contract Period has expired.

- If the SIM card is abused in any way or is removed from the LocMarine Device.

- If the Service is cancelled, the LocMarine Device may be sent to the Service Provider or Distributor for a replacement SIM card. A minimum service fee of US$ 100.00 will be charged for each SIM replacement. In the event that the LocMarine Device and/or its internal SIM card are lost or stolen, the End User shall immediately notify the Service Provider. Until such notification has been received by the Service Provider, the End User is liable for any and all charges incurred by the use of the LocMarine Device and/or the SIM card.

11. USING OUR SERVICE

The LocMarine Service and the Content are the property of LocMarine Telematics LLC or LocMarine's licensors. We grant you limited, non-exclusive, revocable permission to make use of the LocMarine Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or LocMarine. You promise and agree that you are using the LocMarine Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the LocMarine Service or the Content.

The LocMarine software applications and the Content are not sold or transferred to you, and LocMarine and its licensors retain ownership of all copies of the LocMarine software applications and Content even after installation on your personal computers, iPhone, tablets, wearable devices, and/or other devices (“Devices”).

All LocMarine trademarks, service marks, trade names, logos, domain names, and any other features of the LocMarine brand (“LocMarine Brand Features”) are the sole property of LocMarine or its licensors. The Agreements do not grant you any rights to use any LocMarine Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the LocMarine Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, LocMarine grants no right, title, or interest to you in the LocMarine Service or Content.

12. TERM AND TERMINATION OF CONTRACT

The Agreements will continue to apply to you until terminated by either you or LocMarine. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will, therefore, continue after expiry or termination of any of the Agreements for any reason. LocMarine may terminate the Agreements or suspend your access to the LocMarine Service at any time, including in the event of your actual or suspected unauthorized use of the LocMarine Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or LocMarine terminate the Agreements, or if LocMarine suspends your access to the LocMarine Service, you agree that LocMarine shall have no liability or responsibility to you, and LocMarine will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. This section shall be enforced to the extent permissible by applicable law.

13. USER-GENERATED CONTENT

LocMarine Users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, descriptions and compilations, and/or other types of content) (“User Content”).

You promise that with respect to any User Content you post on LocMarine, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by LocMarine as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by LocMarine or business, group, entity or individual without the express written consent from LocMarine or such individual, group, business or entity.

LocMarine may, but has no obligation to, monitor, review, or edit User Content. In all cases, LocMarine reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in LocMarine’s sole discretion, violates the Agreements. LocMarine may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. LocMarine is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST LOCMARINE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD LOCMARINE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

14. RIGHTS YOU GRANT LOCMARINE

In consideration for the rights granted to you under the Agreements, you grant us the right (i) to allow the LocMarine Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Service, (ii) to provide advertising and other information to you, and (iii) to allow our business partners to do the same. In any part of the LocMarine Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including LocMarine’s agreements with third parties.

If you provide feedback, ideas or suggestions to LocMarine in connection with the LocMarine Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize LocMarine to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant LocMarine a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully-paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

15. CUSTOMER SUPPORT

For customer support with account-related and payment-related questions (“Customer Queries”), please submit a ticket to our Customer Support department using the Customer Service contact page on the Contact Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

16. EXPORT CONTROL

LocMarine’s Services and products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (i) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions, and (ii) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from LocMarine under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

17. LOCMARINE IS NOT AN INSURER; WARRANTY DISCLAIMER

You understand and agree that LocMarine is not an insurer of your property or your personal safety and that you are solely responsible for providing any life, health or disability insurance and insurance on you and the applicable boating vessel upon which the LocMarine device is installed and its contents. You understand and agree that the amount you pay to us is based solely only on the value of the Monitoring Service we provide and not on the value of you or the applicable boating vessel upon which the LocMarine device is installed or its contents, it is difficult to determine in advance the value of any personal injury or death or the property that might be lost, stolen or destroyed if the Device or our service fails to operate properly and it is difficult to determine in advance what portion, if any, of any property loss, personal injury or death would be proximately caused by our failure to perform, or a failure of the Device or our service. You further understand that the amounts being charged by us are not sufficient to guarantee that no loss will occur and that we are not assuming responsibility for any losses which may occur even if due to our negligent performance or failure to perform any obligation under this Agreement. You assume all risk of loss or damage to the applicable boating vessel upon which the LocMarine device is installed or the contents thereof, or personal injury or death. You agree to look exclusively to your insurer to recover damages. You waive all subrogation and other rights of recovery against us that any insurer or other person may have as a result of paying any claim for loss or injury to any other person.

YOU UNDERSTAND AND AGREE THAT THE LOCMARINE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. LOCMARINE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER LOCMARINE NOR ANY OWNER OF CONTENT WARRANTS THAT THE LOCMARINE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, LOCMARINE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE LOCMARINE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND LOCMARINE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM LOCMARINE SHALL CREATE ANY WARRANTY ON BEHALF OF LOCMARINE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

18. LIMITATION OF LIABILITIES

LOCMARINE MAKES NO WARRANTIES OR REPRESENTATION OF ANY KIND THAT THE SERVICE (INCLUDING ALL DATABASES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) ARE PROVIDED “AS-IS”, WITHOUT WARRANTIES OF ANY KIND AND LOCMARINE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ORIGINALITY, MERCHANTABILITY, NONINFRINGEMENT, TITLE, ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE OR FITNESS FOR A PARTICULAR PURPOSE. LOCMARINE DOES NOT WARRANT THAT THE SERVICE OR FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED, THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LOCMARINE DOES NOT WARRANT THAT THE SERVICE WILL WORK CORRECTLY IN ANY PARTICULAR OPERATING ENVIRONMENT. LOCMARINE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.

THE SERVICE PROVIDER IS NOT LIABLE FOR ANY GOODS STOLEN OR DAMAGES INCURRED AS A RESULT OF THE SERVICE NOT BEING AVAILABLE. THE END USER RECOGNIZES THAT FACTORS OUTSIDE THE SERVICE PROVIDER’S CONTROL MAY AFFECT THE QUALITY OF THE SERVICE. FURTHERMORE, IT IS THE RESPONSIBILITY OF THE END USER TO ACT ON NOTIFICATIONS SENT BY THE LOCMARINE DEVICE AND FOR MAINTAINING AN UP-TO-DATE ACTION PLAN ONLINE SO THAT ALARMS AND WARNINGS CAN BE SENT TO THE RIGHT PERSON(S). IT IS ALSO THE END USER'S FULL RESPONSIBILITY TO INFORM ANY PERSON(S) ENTERED IN THE ACTION PLAN OF THE DESIRED ACTION, SHOULD AN ALARM OR WARNING BE RECEIVED. THE SERVICE PROVIDER TAKES NO RESPONSIBILITY FOR ANY DATA STORED ON THE LOCMARINE SYSTEM BY THE END USER THAT MAY BE OFFENSIVE, INCORRECT OR FRAUDULENT.

LOCMARINE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND Locmarine DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE END USER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO THE END USER’S USE OF (OR INABILITY TO USE) THE SERVICE OR THE LOCMARINE DEVICE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE SERVICE PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

19. NO HACKING

You agree that you will not, under any circumstances attempt to gain access to LocMarine Properties, accounts registered to others, or to computers, servers or networks connected to the LocMarine Properties by any means other than the user interface provided by LocMarine, including, but not limited to, by circumventing or modifying, attempt to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the LocMarine Properties; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

20. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and LocMarine, the Agreements constitute all the terms and conditions agreed upon between you and LocMarine and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

21. SEVERABILITY, WAIVER AND INTERPRETATION

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by LocMarine or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive LocMarine’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof will be deemed to be followed by the words “without limitation.”

22. ASSIGNMENT

LocMarine may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and LocMarine may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

23. INDEMNIFICATION

You agree to indemnify and hold LocMarine harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to (i) your breach of the Agreements or any one of them; (ii) any User Content you post or otherwise contribute; (iii) any activity in which you engage on or through the LocMarine Service; and (iv) your violation of any law or the rights of a third party.

24. CHOICE OF LAW, MANDATORY ARBITRATION, AND VENUE

24.1 Governing Law/Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Florida, United States of America, without regard to choice or conflicts of law principles. Further, you and LocMarine agree to the jurisdiction of the Miami-Dade County of Florida to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is subject to mandatory arbitration under Section 24.2.

24.2 Dispute resolution and arbitration

You and LocMarine agree that any dispute, claim, or controversy between you and LocMarine arising in connection with or relating in any way to these Agreements or to your relationship with LocMarine as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and LocMarine further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive the termination of the Agreements. Any dispute, claim, or controversy arising out of, relating to, or in connection with this Agreement, including with respect to its applicability, validity, enforceability, breach and termination shall be submitted and settled by arbitration. The arbitration shall be conducted by one arbitrator, per the Rules of Arbitration of the International Chamber of Commerce.

24.3 No Class Action waiver

YOU AND LOCMARINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and LocMarine agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

25. CHANGES TO THIS AGREEMENT AND SERVICES

Except as set forth in the Dispute Resolution section, LocMarine is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the www.locmarine.com website, app, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.

We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

26. CONTACT US

If you have any questions concerning the LocMarine Service or the Agreements, please contact LocMarine support department via [email protected]

Thank you for reading our Terms. We hope you enjoy LocMarine.