Supplemental Customer Liability Release for MavenPRO Monitoring
Effective Date: 30 April 2019
Last Updated Date: December 1, 2021
PLEASE READ THIS Supplemental Customer Liability Release for MavenPRO Monitoring (THE “RELEASE”) CAREFULLY. THIS RELEASE IS A LEGAL CONTRACT BETWEEN YOU (“USER” OR “YOU”) AND CARGOSENSE, INC. (“COMPANY”). By clicking the “accept” button or similar button, completing the registration process, or ACCEPTING OR using the Product (AS DEFINED BELOW), you acknowledge and agree THAT (I) YOU HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS, (II) THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK AND RELEASE AND WAIVER OF LIABILITY RESULTING FROM INJURY, DEATH AND OTHER DAMAGES IN CONNECTION WITH THE PRODUCT OR YOUR USE OF THE PRODUCT; AND (III) YOU WILL be bound by the terms AND CONDITIONS of this Release.
In consideration of your use of any of the products, equipment, or services associated with the MavenPRO Monitoring system (“Product”), you agree to all terms and conditions in this Release. The Product includes, but is not limited to (1) the Company’s website and user interface located at [https://www.maventracker.com] (“Website”), and the services and resources available or enabled via the Website (the “Services”); (2) any hardware, software or other products or services furnished by or on behalf of Company in connection with your use of the Website or Services, including without limitation the
Gateway, Thermocouple Probe, and Sensor Tag. This Release is meant to supplement, and is incorporated by reference into, the Company’s Terms of Service Agreement [https://www.maventracker.com/terms-of-service] (the “Terms”). The Terms and Release shall collectively be deemed the “Agreement” for purposes of this Release. If you do not agree to be bound by this Agreement, you may not access or use the Product.
As provided in greater detail below, and without limiting anything set forth in this Agreement, you acknowledge and agree to the following:
You fully release the Company Parties (as defined below) from all claims you have or may have against them arising out of or in connection with your use of the Product;
The Product is not intended to be one-hundred percent reliable. The Product should not be used and is not intended to replace standard means of protecting your animals and other valuable materials or detecting or preventing emergency conditions, such as extreme temperature changes related to your animals’ environments or such valuable materials. The Product is only intended to assist you and any permitted third-party to verify an extreme temperature change or similar
emergency related to your animals or valuable materials’ environment or to track your animals or other valuable materials;
The Company cannot and will not guarantee your receipt of any Product notifications;
While the Product provides information regarding an environment, including temperature readings, such information will be provided in real time only when (i) cellular service can be received, and may otherwise be delayed until cellular service is regained; (ii) all hardware components are properly installed and in good working condition; (iii) all hardware batteries are fully charged or plugged in to an alternative working power source; and (iii) internet connectivity is enabled at the location of the Gateway and positioned properly to communicate with the Company’s services. The Company shall not be responsible for any damages caused by the failure of any of the above.
The Product is dependent on certain third-party providers, equipment and services, including without limitation your computer, mobile device, Wi-Fi network and your Internet service and mobile device provider. You are solely responsible for any issues or damages due to any of the foregoing third-party providers, equipment or services;
To the fullest extent permitted by law, the Product is provided “as is,” and Company makes no promises that the Product will be error-free.
1. APPROPRIATE USE.
You understand that you may access and use the Product solely for your personal, non-commercial or internal business use. Appropriate use includes using the Product to assist you and any permitted third-party to verify the temperature in your animals’ environment(s) or of any tanks or other containers holding biomedical materials or medications. The Product should not be used and is not intended to replace standard means of protecting your animals and other valuable materials or detecting or preventing emergency conditions, such as extreme temperature changes or other
potentially harmful circumstances related to your animals or such materials. Company will not have access to real-time temperature readings related to your use of the Product.
2. INSTALLATION AND MAINTENANCE.
The Company requires that you follow specific installation, maintenance and use requirements and standards in connection with your installation and use of the Product. Such requirements and standards are detailed in the enclosed instructions with the Product (“Company’s Guidelines”). You ACKNOWLEDGE and agree that the Product may not function properly if not installed, maintained or used properly. You are solely responsible for periodically testing the functionality of THE Product and, AMONG Other things, ensuring the batteries do not need to be replaced and the Product does not need to be serviced.
The Product uses certain communication networks to provide the Services, including without limitation cellular, wireless, and internet networks and services. You are responsible for any cellular, wireless or Internet network or connectivity required to access or use the Product. An enabled and supported cellular, wireless and internet connection is required for the proper functioning of the Product. You acknowledge that such networks and connections may at any time be interrupted, circumvented, delayed, unavailable, refused, or otherwise compromised for a number of various reasons and the Product may not be available or MAY be unreliable during such
time. You acknowledge that you may not be notified if the Product IS inoperative or interrupted for any reason.
4. THIRD-PARTY EQUIPMENT AND SERVICES.
You are responsible for ensuring you have all required third-party equipment and services and that such equipment and services are properly configured and compatible with the Product. You acknowledge and agree that the Product may not properly function if any third-party equipment or services are not compatible or properly configured or functioning.
YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT IS A DETECTION AND
NOTIFICATION PRODUCT; IT DOES NOT ELIMINATE THE OCCURRENCE OF
EMERGENCY CIRCUMSTANCES, INCLUDE EXTREME TEMPERATURE CHANGES
OR LOSS OF LIFE OR PROPERTY. YOU FURTHER ACKNOWLEDGE AND AGREE
THAT THE PRODUCT MAY NOT BE EFFECTIVE IN ELIMINATING OR MITIGATING
SUCH CIRCUMSTANCES OR THEIR CONSEQUENCES, AND THEREFORE, THE C O M PA N Y M A K E S N O E X P R E S S O R I M P L I E D WA R R A N T I E S O R REPRESENATIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE PRODUCT WILL ELIMINATE OR MITIGATE SUCH CIRCUMSTANCES OR CONSEQUENCES.
WITHOUT LIMITING THE FOREGOING, You acknowledge that you are solely responsible for any damages caused by a failure to install, maintain or use the Product in accordance with Company’s Guidelines OR THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT YOU ARE
SOLELY RESPONSIBLE FOR any CONNECTIVITY OR NETWORK ISSUES OR
OTHER FAILURES DUE TO THIRD-PARTY PRODUCTS OR SERVICES, AND any
ASSOCIATED damages, including without limitation death or loss of property.
You hereby release and forever discharge Company, its parents, affiliates, officers,
employees, agents, partners and licensors (collectively, “Company Parties”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, including those relating to loss, damage, illness, injury, death and/or escape, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the Product and your use of the Product.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of
executing the release and that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.”
The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Product.