High Sierra Electronics, Inc. Terms & Conditions
Please read High Sierra Electronics’ General Terms and Conditions, and the following Supplemental Terms & Conditions before proceeding with any purchases. The following sets forth the supplemental terms and conditions between High Sierra Electronics (HSE) and the customer for on-line purchased Products, Software Subscriptions and Data Services (Services) which includes: Mobile IceSight Bundle, Mobile Surface Sentinel (Serial) Bundle, Mobile Surface Sentinel (Bluetooth) Bundle, Contrail® Connect, Cellular Data Services (collectively, the “Services”).
Creating an Account. You must create an Account through the Website (hsierra.com) to order High Sierra Electronics’ (HSE) products, subscription-based software, and data services (the Services) on line. To create an Account, you will be asked to provide certain basic information in order to purchase/use the Services. This information may include your company name, address, main contact person including that person’s telephone number, email address and credit card details.
All financial information (credit card or debit card “payment credentials”) is held by HSE’s Payment Gateway Provider. The Payment Gateway Provider is not HSE. HSE will hold your personal information in accordance with the terms of the HSE’s Privacy Policy which you should read carefully. Customer is responsible for all activities that occur in its Accounts and for maintaining the security and confidentiality of any login details to such Accounts.
SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD IMMEDIATELY AND ON A PRE-PAY BASIS FOR THE SUBSCRIPTION PERIOD INDICATED. WE MAY, IN OUR SOLE DISCRETION, SUSPEND ANY ASPECT OF THE SERVICES WHICH YOU HAVE NOT PAID FOR.
Software Subscription. All software subscription services are for a 12-month (yearly) term, renewed annually. If you execute an Order that indicates you will receive access to the software, we grant to you a non-exclusive, non-sub-licensable, non-transferable right during the term of the subscription to access and use the software.
Data Services Subscription. All data services are for a 12-month (yearly) term renewed annually. Data allotment shall only be used for its intended use in HSE’s products and may not be used for resale. HSE has the right to monitor all data usage.
Services Guarantee. HSE cannot guarantee that our services that rely on systems and services that we do not own or control will be continuous or fault-free.
YOUR SUBSCRIPTION: BILLING, AUTOMATIC RENEWAL AND CANCELLATION
Fees. Services are purchased for subscription terms with payment for the specific period being due and payable in advance. There are no charges for set-up or basic support. Professional Services are available on a time and materials or fixed quote basis as agreed with HSE in an order form or quotation provided by HSE to you.
Pre-authorized Payment. By providing a credit card to HSE as part of your Account set-up for pre-authorized payments, you authorize HSE to charge your credit card for all outstanding Fees, taxes and charges and outstanding account balances due, and this constitutes HSE’s good and sufficient authority for so doing. If your pre-authorized payment method fails, HSE will provide notification to you of payment failure. If you fail to rectify the payment failure within 10 days of written notice, HSE may immediately deactivate your Account and cancel Order and Services without notice to you and collect Fees owing, if applicable, using other collection mechanisms.
Subscription Period. The initial term of your subscription will provide you access to the Services for the period of one (1) year, starting on the date of Order (“Subscription Period”). After the initial term, unless you cancel your subscription as provided herein, your subscription will automatically renew for additional one (1) year terms.
Payment Method. We will apply the rates that you agreed to during Order, in addition to any applicable taxes, transaction fees, and other charges and fees incurred in order to access the Services. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) for payment. You may edit your Payment Method information from your Account page on the HSE Website (hsierra.com).
Payments made by credit card, debit card or certain other payment instruments for the HSE Services are billed and processed by HSE’s Payment Gateway Provider. To the extent the Payment Gateway Provider is not HSE, the Payment Gateway Provider is acting solely as a billing and processing agent for and on behalf of HSE and shall not be construed to be providing the applicable Services.
Billing Information: For purposes of your use of the Services, including identification and billing, you agree to provide us with true, accurate, and complete information as required by the subscription during the Order process to the Services (“Subscription Data”), including your legal name, address, telephone number, e-mail address, and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account or subscription and refuse any and all current or future use by you of the Services. You must check your Account page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.
Price Increases. We reserve the right to increase charges and fees or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Services or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis.
Automatic Renewal. To maintain continuous Services and avoid a potential disruption to your Subscription, your Subscription to the Services will automatically renew. Unless you notify HSE before the end of the applicable Subscription period that you want to cancel, your Subscription will automatically renew, and you authorize us to collect the then-applicable annual fee for such Subscription (as well as any taxes that HSE has the legal obligation to collect or pay) using any credit card or other payment mechanism we have on record for you.
BY STARTING YOUR SUBSCRIPTION AND PROVIDING OR DESIGNATING A PAYMENT METHOD, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD IN ACCORDANCE WITH THE TERMS DESCRIBED HEREIN BOTH DURING THE INITIAL TERM OF YOUR SUBSCRIPTION AND DURING EACH RENEWAL PERIOD, UNLESS YOU TERMINATE OR CANCEL YOUR SUBSCRIPTION BEFORE THE RELEVANT RENEWAL PERIOD BEGINS.
IN THE EVENT WE CANNOT CHARGE YOUR ACCOUNT, WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES.
You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your Subscription until you update your Subscription Data. If your credit card expires or is canceled, lost or subject to use without your authorization, you must update your Subscription Data in your Account. You are entirely responsible for any and all activities which occur under your Account.
Cancellation; and Refunds
Cancellation. You may cancel your subscription to the Services at any time. If you cancel, you will remain responsible for all charges incurred prior to your cancellation. Your subscription will run for the full one (1) year period of the initial term or any renewal terms.
You can cancel your subscription by contacting sales@hsierra.com or by logging into the My Account page on HSE’s Website (hsierra.com). We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
Upon cancellation or termination of your subscription to the Services, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Services (or part thereof) except as we may otherwise provide in writing from time to time.
No Refunds. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Taxes. You are responsible for paying any applicable governmental sales, use, value-added, commodity, harmonized and other taxes imposed on your purchase or use of the Services. To the extent HSE is required to collect such taxes, the applicable tax will be added to your billing account. Please note: Tax exempt entities should contact HSE prior to making purchases on-line by emailing sales@hsierra.com.
CHANGES TO SOFTWARE, DATA SERVICES AND AGREEMENT
Updates to Software & Data Services Terms and Conditions. HSE reserves the right to modify these Terms and Conditions at any time on the Website and/or by providing a copy of the Terms and Conditions to your account by email.
Changes to HSE Technology. HSE may alter, update or upgrade the HSE Technology from time to time. Updates and upgrades to subscription-based software and firmware will be processed automatically. You acknowledge that HSE may modify the features and functionality of the Services during the Subscription Term.
Changes to Fees and Services. HSE may change the Services, any Services fees, amounts, charges (including one-time charges), and/or other aspect of any of the Services at any time upon reasonable notice to you by posting the change on the Website, sending notice via an email to the email address you provide on registration, a message on your invoice, in writing, or any other notice method likely to come to your attention. If you do not accept the change, your sole recourse is to terminate the Services. Your continued access to and use of the Services after the change has come into effect constitutes your acceptance of the change and you acknowledge and agree that (i) You will be deemed to have accepted the change, with no additional written agreement or express acknowledgement required; and (ii) You will continue to be responsible to pay for the Services unless you terminate.
SUPPORT AND MAINTENANCE
Technical Support. Depending on the type of Services(s) ordered, HSE will provide basic support for the Services and will (i) use commercially reasonable efforts to make the Services available during normal business hours except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond HSE ‘s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving HSE employees), or Internet Services provider failures or delays, and (iii) provide the Services only in accordance with applicable laws and government regulations.
Maintenance Services. HSE will provide updates and upgrades to the technology underlying the Products from time to time to provide new features and improvements, bug fixes and error correction.
CANCELLATION AND TERMINATION
Either Party may elect to terminate your Account and subscription to a Service as of the end of your then current Subscription Term by providing notice no less than thirty (30) days prior to the end of such Subscription Term. Unless Your Account and subscription to a Service is so terminated, your subscription to a Service (including any and all deployed associated services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you elect to terminate your subscription to the Service or cancel your Account prior to the end of your then effective Subscription Term.
USE OF SOFTWARE AND SOFTWARE SUBSCRIPTION
Your Software Subscription does not grant to you a license to the underlying Software used in providing the Services. Your use of Contrail® Connect website provided with your Software Subscription Services is governed by the following:
Unless otherwise noted, all materials, including images, data, text, illustrations, designs, icons, photographs, and other materials that appear as part of the Contrail® Connect website (collectively, the “Contents”) are owned or licensed by HSE. The Contents, all HSE corporate and product trademarks, symbols, and website(s) as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the website. HSE reserves all rights not expressly granted in and to the website and the Contents.
You may not use Contrail® Connect or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, Contrail® Connect, or any related software. Any unauthorized use terminates the permission or license granted by HSE.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at information@hsierra.com
Contrail® and StormLink® are the registered and unregistered trademarks of OneRain Incorporated in the United States and/or other countries and used by High Sierra Electronics with permission.