XPAL Power Inc., a California corporation ("SpareOne", "us" or "we"), offers the SpareOne Locate and Alert service (the "Service") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated in these Terms of Service.
BY CLICKING "I AGREE" OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) THESE TERMS OF SERVICE CONSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION OF YOU, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
In order to use the Service, you will have to use our website, www.myspareone.com (the "Site"), to set up your user account.
The content on the Site is for your information and use only. It is subject to change without notice. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services or information available through the Site meet your specific requirements.
The Site contains material owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of such material is prohibited without SpareOne's prior written consent.
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without SpareOne's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, (ii) frame the Site, or (iii) hyper-link to the Site. For purposes of these Terms of Service, 'co-branding' means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with SpareOne in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You must subscribe to the Service to enable SpareOne to provide the location and alert services which comprise the Service.
Alert Service. When an alarm is activated, then an emergency contact, referred to as a "Guardian", can be alerted by SMS and/or email. Guardians must be entered when you register on the Site, and may be updated from time to time. Your Guardian will receive a message showing the nature of the alarm, your identity, the phone's current or last known GPS location coordinates, and a link to the phone's location in Google Maps™.
Registration Data Accuracy. Neither SpareOne nor its licensors are responsible or liable for the accuracy of your registration data entered on the Site. You acknowledge and agree that the information required in your SpareOne Locate and Alert user account, including registration data, contact information, emergency contact information, hardware identifier, and supported service is essential for provision of the Service. Accordingly, you certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied remains accurate, complete and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You agree to immediately notify SpareOne and/or its licensors, if you become aware of any unauthorized use of your password or account.
GPS Limitations. The Service utilizes location coordinates derived from the U.S. Government's GPS Satellite Constellation (the "GPS Satellites") and the onboard GPS chip in your phone to determine your position. The GPS Satellites' availability is limited and requires a clear line of sight to four or more satellites in order to obtain a location fix. GPS technology may require several minutes to obtain a location fix, if one was not previously possible, even after a clear line of sight to multiple satellites is established. Therefore, an accurate location fix may not be available at the time required, even if your phone is outdoors. SpareOne does not own or control the GPS Satellites, and is not responsible for any service interruptions or interference that may be associated with the GPS Satellites.
Wireless Network and Email Limitations. SpareOne does not own or control the wireless phone and e-mail service providers who send and receive e-mail and other data transmissions, SMS messages and/or voice calls sent via the Service and is not responsible for any delays by these service providers related to these transmissions, discontinuance of service by the service providers due to payment or credit issues, signal coverage limitations, or outages or other operational problems at these service providers. Provision of such wireless phone and e-mail service to send and receive e-mail, other data transmissions, SMS messages and voice calls sent to and from your phone is provided and subject to the agreement you have entered into directly with the provider of such services.
Use of Google Maps™. SpareOne may utilize Google Maps™ and the Google Maps™ API. To use the Service, you must acknowledge and agree to comply with the terms and conditions governing the use of these features, which can be read in their entirety at http://maps.google.com/help/terms_maps.html. Google Maps™ license terms do not allow you to, among other things, utilize Google Maps™ to display end user locations if the intended use is for the commercial tracking of personnel and assets. If you violate this or any other restriction, SpareOne may immediately terminate your Service and exercise all other remedies available to it.
Familiarization with Service. You must agree to familiarize yourself with the operation of the Service, including reading the documentation on the Site. The Service may be used only in accordance with those instructions.
Personal Use. The Service is for personal use only. You may not rent, lend, lease or otherwise charge for the Service or any information or services associated with or derived from the Service.
Misuse. You agree not to use the Service (1) to abuse or misuse the Service, (2) for any purpose in violation of law, (3) in any manner that infringes or misappropriates third party rights, or (4) in any manner which overloads or unreasonably interferes with the Service or the mobile network. You agree to use the Service only with equipment expressly approved by SpareOne. Failure to adhere to these restrictions may result in termination of your Service, and SpareOne may exercise all other remedies available.
SpareOne or its service providers may make changes at any times to the Service in order to comply with applicable laws, to maintain or improve the Service or for other business reasons without notice to you and without liability for any changes in your ability to use the Service as a result of such changes.
Except for material in the public domain under United States copyright law, all material contained in the Service or on the Site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained in the Service or on the Site without the prior consent of the copyright owner.
None of the material contained in the Service or on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SpareOne. Violation of this provision may result in civil and criminal penalties.
The Service and the Site are controlled and operated by XPAL Power Inc., 1621 Alton Parkway Suite 150, Irvine 92606, California. Our phone number is (866) 972-5769. Please send any comments or questions to firstname.lastname@example.org.
YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR OWN RISK. THE SERVICE AND THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPAREONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPAREONE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SPAREONE'S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPAREONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICE OR THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SPAREONE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICE OR ON THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SPAREONE ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF THE SERVICE OR THE SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
No agent or representative has the authority to create any warranty regarding the Service or the Site on behalf of SpareOne. SpareOne reserves the right to change or discontinue at any time any aspect or feature of the Service or the Site.
All of the information in the Service or the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted, and SpareOne does not undertake any obligation to update such information after it is posted or to remove such information if it is not, or is no longer, accurate or complete.
SPAREONE DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR THE SITE OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICE OR ON THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SPAREONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SPAREONE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless SpareOne and its officers, directors, shareholders, employees, agents, distributors and affiliates (the "Indemnified Parties") from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these Terms of Service.
From time to time the Site may include links to other websites. These links are provided for your convenience. They do not signify that we endorse such websites. We have no responsibility for the content of such linked websites. You acknowledge that (whether or not such websites are affiliated in any way with SpareOne) SpareOne is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any website by SpareOne or any association with its operators.
SpareOne cannot ensure that you will be satisfied with any products or services that you purchase from any third-party website that links to or from SpareOne. SpareOne does not endorse any of the merchandise, nor has SpareOne taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. SpareOne does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
The Service and the Site are controlled and operated by SpareOne from its offices within the State of California, United States of America. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or SpareOne may bring to enforce these Terms of Service or, in connection with any matters related to the Service or the Site shall be brought only in either the State or Federal Courts located in Orange County, California, and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.