ARS Global Guidance Inc. Terms and Conditions of Service

Effective as of January, 2012

Welcome to ARS Global Guiding Inc. (hereinafter "ARS Global "). These terms and conditions are the agreement between us. They replace any earlier agreements between us and apply to all your ARS Global service until changed or replaced by new terms and conditions.

You can contact us at any time by going to www.arsgg.com or dialing 1-877-560-4277, or by writing us at 1443 East Washington Boulevard Suite 815, Pasadena, CA 9104.

SERVICE AND DEVICE

You must equip your vehicle with authorized ARS Global equipment, purchased through an authorized retailer of the ARS Global equipment —the hardware and software used to provide ARS Global service—for you to receive ARS GLOBAL service.  ARS Global service is only available on cars and trucks and is not available on other types of vehicles or forms of transportation (for example boats, ATVs, motorcycles).  Additionally, you must have an ARS Global wireless service plan to get ARS Global service.  Your ARS Global plan describes the charges and features that we will provide to you, as well as the optional features and services.

STARTING SERVICE

You can only get and use ARS Global service by accepting this agreement.  Subject to local law, you accept this agreement and start your ARS Global service when you sign a contract that includes this agreement, OR when you speak with a ARS Global and register for ARS Global service, OR when you or an authorized user use the ARS Global service or accept any of its benefits, including using a vehicle with active ARS Global equipment.  If you do ANY one or more of these things to accept, you’re bound by this agreement and any later changes or amendments to it.

TERM OF SERVICE

Your ARS Global service begins when you accept this agreement and continues without end until you or ARS Global cancels the service.

TERMINATING SERVICE

You can cancel your service at any time by calling ARS Global.  If you cancel service, we have the right to deactivate your ARS Global equipment and any reactivation will be at your expense.

REACTIVATING YOUR SERVICE

ARS Global will only accept requests from you or your authorized agent to activate, cancel, change, reactivate, or transfer your ARS Global service.  If we do any of these things, you agree to pay any charges associated with these requests.

CHANGES TO YOUR AGREEMENT

We can change the terms of this agreement, change the prices we charge you for services, or change, add, or delete any service, at any time, by giving you 30 days notice or a longer period if required by law. If any such change for which we provide notice materially affects your rights under this agreement, or materially changes your service, or results in higher costs charged you by ARS Global, YOU MAY EITHER CANCEL YOUR AGREEMENT OR AGREE TO THE CHANGE. IF YOU DON'T CANCEL YOUR AGREEMENT WITHIN 30 DAYS OF THE DATE OF THE NOTICE, YOU’RE AGREEING TO THE CHANGE AND IT BECOMES PART OF THIS AGREEMENT BETWEEN US. You can get an updated copy of this agreement, including all of its current terms and conditions online at www.arsgg.com.

MINUTE INCREMENT BILLING AND USAGE

Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. ARS Global charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Those minutes will be applied against your monthly minutes in the month in which the calls appear on your bill. Unanswered outgoing calls of 30 seconds or longer incurs airtime.

CALLER ID BLOCKING

Your billing name may be displayed along with your wireless number on outbound calls to other wireless and landline phones with Caller ID capability. Contact customer service for information on blocking the display of your name and number.

ROAMING

Roaming charges for wireless data or voice service may be charged with some plans when outside ARS Global Guiding Inc. wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. If your usage of the Services on other carriers' wireless networks ("offnet usage") during any month exceeds your offnet usage allowance, ARS Global Guiding Inc. may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. ARS Global Guiding Inc. will provide notice that it intends to take any of the above actions and you may terminate your agreement. You may be required to (1) use a device programmed with ARS Global Guiding Inc.'s preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands.

INTERNATIONAL ROAMING

See www.arsgg.com or dial 1-877-560-4277 for more information and for a list of currently available countries and carriers. Availability, quality of coverage and services while roaming are not guaranteed. Certain tenure, billing and credit restrictions and additional charges may apply. Many devices transmit and receive messages without user intervention and can generate unexpected charges when taken out of the United States.  You are responsible for any charges resulting from any international use of your ARS Global equipment.

SERVICE AVAILABILITY

ARS Global does not guarantee availability of any wireless network.  Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications resident on your device.  Coverage areas vary between EDGE and GRPS. See coverage map(s), available online or from your sales representative, for details. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

ARS Global service works using wireless communication networks and the Global Positioning System ("GPS") satellite network. The area that you are driving in may affect the service that we can provide to you, including but not limited to routing service.

ARS Global service will not work unless your vehicle is in a place where we have an agreement with a wireless Service Provider for service in that area. ARS Global service also will not work unless you’re in a place where the wireless Service Provider we’ve hired for that area has coverage and technology that’s compatible with the ARS Global service. ARS Global services that involve location information about your vehicle will not work unless GPS satellite signals are unobstructed, available in that place and compatible with the ARS Global equipment.  There are other problems ARS Global cannot control that may prevent us from providing service to you at any particular time or place, or that may impair the quality of the service. Some examples are hills, tall buildings, tunnels, weather, architecture of your vehicle, damage to important parts of your vehicle in an accident, or wireless network problems. ARS Global is not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions. Additionally, ARS Global is not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment failures.

The routing data that we provide to you is based on the most current map information available to us, but may be inaccurate or incomplete. For example, our routing data may not include information about one-way streets, turn restrictions, construction projects, seasonal roads or new roads.  It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. Therefore, you should use good judgment, obey traffic laws and evaluate whether following the directions is safe and legal for the current conditions.

SOFTWARE UPGRADES

The service involves software that we may need or want to change from time to time.  We may do this remotely without notifying you first. ARS Global is not responsible for any data lost as a result of upgrading. You do not own ARS Global’s proprietary software or acquire any rights to use or modify the software on your own.

SECURITY

ARS Global DOES NOT GUARANTEE THE SECURITY OF YOUR DATA. Data encryption is not available with the services sold by ARS Global. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.

RESTRICTIONS AND RESPONSIBILITIES

You represent, covenant, and warrant that you will use the Services only in compliance with ARS Global's standard usage policy then in effect, the terms of which can be obtained upon request, and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity or defamation). Although ARS Global has no obligation to monitor the content provided by you or your use of the Services, ARS Global may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, cellular terminals and GPRS modules (collectively, "Equipment"). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and you shall be fully responsible for all uses of Services (and all associated Fees) or the Equipment, with or without your knowledge or consent and whether or not authorized by you.

Subject to FCC Number portability rules, you has no property right in any number assigned to it and you understand that any such Number can be changed from time to time.

You acknowledges that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Facilities. You agree that the underlying wireless service carrier shall not be responsible for such interruptions of Service or the inability to use the Service outside the Territory. You understand that the underlying wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.

FEES AND TAXES

You will pay ARS Global the fees for the Services as set forth in Exhibit A (the "Fees"). You are responsible for paying all charges in accordance with the use of the Service associated with the Service Identifier(s) assigned to you, even if you did not use, or authorize the use of, the Service. If your use of the Services in any given month exceeds the maximum monthly data usage allotment, if any, as set forth in Exhibit A, you shall be billed for the excess usage and you agree to pay the additional fees with respect to such excess usage. Some usage charges may not be reported in the month used, but this does not relieve the you from responsibility of paying for such usage charges, nor shall it provide the basis for disputing such usage charges. ARS Global reserves the right to change the Fees or applicable charges and to institute new charges and Fees at any time, upon thirty (30) days prior notice to you (which may be sent by email).

ARS Global may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by ARS Global thirty (30) days after the date of the invoice, or the Services may be terminated or suspended as soon as one day after the due date as indicated on the invoice. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You have 30 days after receiving the invoice to dispute any charges, unless the law does not allow a limit or the law requires a longer period, OR YOU ARE WAIVING YOUR RIGHTS TO DISPUTE. Any agreed upon changes to invoice will be reflected in the next applicable invoice.

If you have a credit or debit card account or similar payment account on file with us, we’ll automatically charge it monthly if you have not otherwise pre-paid your subscription.  If payment has been authorized by credit or debit card, no additional notice or consent will be required for billings to that credit or debit card for all amounts (including late charges and termination fees).

You shall pay all applicable federal, state and local sales, use, public utilities, gross receipts or other taxes, fees, or recoveries imposed on ARS Global as a result of this Agreement (collectively, “Taxes”) other than taxes imposed on the net income of ARS Global.  You will reimburse ARS Global for any such Taxes paid by ARS Global on your behalf. If you are entitled to an exemption from any Applicable Taxes, you are responsible for providing ARS Global with a valid exemption certificate (in a form reasonably acceptable to ARS Global). ARS Global will give effect to any valid exemption certificate provided in accordance with the foregoing sentence to the extent it applies to any services billed by ARS Global to you only for the period following ARS Global's receipt of such exemption certificate. If any exemption certificate provided by you is deemed invalid or otherwise inapplicable to any use by you of the services (including any internal use), you shall be responsible for, and shall indemnify ARS Global against, all such Applicable Taxes.

PAYMENT RESPONSIBILITY

Depending on the service plan you choose, you will have different payment responsibilities, however you must always pay on time and (unless the law provides otherwise) in full.  If you start or stop your service in the middle of a billing period, we will prorate the amounts owed or to be refunded to you, if applicable. You’re responsible for paying directly to others, such as emergency service providers, all charges for services furnished by them that aren’t expressly covered by your ARS Global Plan.

ADDITIONAL PAYMENT DETAILS

If you pay with a check, and it’s returned for insufficient funds, we can charge you a fee of up to $35 (or as allowed by law). If your credit or debit card provider refuses a charge, or a check is returned, we can also terminate or suspend your service resulting in deactivation of the ARS Global equipment and service in your vehicle.

ARS GLOBAL’S RIGHT TO TERMINATE OR SUSPEND YOUR SERVICE

ARS Global may terminate your service without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your account will be deactivated and your service will terminate. In such a case, we’ll refund any amounts you have paid in advance for services, but not for ARS Global equipment.  ARS Global may also terminate your service without prior notice to you for any good cause.  ARS Global can terminate your service immediately if you breach any part of this agreement, don’t pay amounts that are due, interfere with our efforts to provide service, interfere with our business, or if your service or wireless phone number is used for illegal or improper purposes.  If ARS Global cancels your service, you will not have any right to reactivate your service, even if you cure any of these problems. Whether you are allowed to reactivate your service is at ARS Global’s discretion.  We can suspend your service for any reason that we could terminate it. We can also suspend it for network or system maintenance, network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.

Upon any termination, ARS Global may, but is not obligated to, delete archived data.  All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, accrued rights to payment, privacy obligations, warranty disclaimers, and limitations of liability. However, upon any such termination, your right to use the Services shall promptly terminate, and you shall destroy all ARS Global SIM Cards.  Upon termination of this Agreement for any reason, you shall be responsible for any Termination Fees, which apply in accordance with this agreement and as specified in any amendment, Exhibit or Schedule attached hereto.

In addition your Services may be temporarily suspended or permanently terminated upon little or no notice in the event that ARS Global’s agreement with the underlying wireless service carrier is terminated. You waive any and all claims against the underlying wireless service carrier for such suspension or termination.

YOUR PRIVACY

ARS Global’s key privacy practices are outlined in this section.  For a complete description of our privacy practices, please refer to our Privacy Statement. We may update our Privacy Statement at ARS Global’s discretion. We advise you to check for changes to the Privacy Statement periodically. You can access the current statement at www.arsgg.com or you can contact us to request a copy.

You acknowledge that it is your responsibility to advise all occupants of your vehicle how information about them may be collected, used, and disclosed.

We may collect information about you and your Car in several different ways: from what you provide to us; from your use of the services; from calls or emails between us; from ARS Global web pages you visit; from our wireless service providers; from GPS satellites; from third party data providers; and from your vehicle when your service is active.  The information we may get about you includes your contact and billing information, including your credit card number, and information that helps us customize our services.  The information we may get from your vehicle includes things such as data about its operation; data about your use of the services; the location of your vehicle; data about accidents involving your vehicle; and information about your use of the vehicle and its features. We may collect information from your Car on a periodic or regular basis.

You agree that we can, subject to applicable law, use this information to: provide services; manage your account or services; conduct analysis and research; comply with legal requirements; prevent fraud or misuse of the service; protect our rights, property or the safety of you or others; send you important vehicle or service related messages through the ARS Global equipment in your vehicle; and offer you new or additional products or services.

You also agree that we can, subject to applicable law, share information about you and your vehicle with: 1) service providers; and 2) our wireless service providers and GPS satellite providers for their business purposes. We may also share this information with others as may be required by law, or to protect our rights, property or the safety of you or others.

ARS GLOBAL WILL NOT OTHERWISE DISCLOSE, SELL, OR RENT INFORMATION SPECIFIC TO YOU OR YOUR CAR TO THIRD PARTIES FOR THEIR INDEPENDENT USE WITHOUT YOUR CONSENT.

ARS Global provides service through wireless networks.  It cannot, we can’t promise that your communications won’t be intercepted by others. You agree we won’t be liable for any damages for any loss of privacy occurring in communication over such networks.

YOUR INTERACTIONS WITH CUSTOMER SERVICE ADVISORS

We may record and monitor conversations between you and our customer service advisors, emergency service providers, the police, or third parties. Please note that our customer service advisors remain on the line if they conference in a third party to assist in completing a service request.  We may also randomly monitor your interactions with ARS Global’s automated services for quality improvement purposes.  ARS Global is not required to release any audio or physical records that are created as part of the service without a subpoena (unless otherwise required by law).

MISCELLANEOUS

Not all plans or services are available for purchase or use in all sales channels, in all areas or with all devices. ARS Global is not responsible for the loss or disclosure of any sensitive information you transmit through its equipment. ARS Global is not responsible for non-proprietary services or their effects on devices. ARS Global RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, AS EXPLAINED ABOVE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE AGREEMENT. Caller ID blocking is not available when using the Services and your wireless number is transmitted to Internet sites you visit using the Services. You may receive unsolicited messages from third parties as a result of visiting Internet sites and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.

Intended Purposes Of The ARS GLOBAL Wireless Data Service

Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for the following purposes: (i) internet browsing; (ii) email; and (iii) intranet access (including access to email and individual productivity applications). While most common uses for internet browsing, email and intranet access are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, or peer-to-peer (P2P) file sharing; (ii) as a substitute or backup for private lines, wire lines or full-time or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either ARS Global’s wireless services or other parties' Internet-based resources, including "denial of service" (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ARS Global’s wireless network affiliate or another entity's network or systems; (vii) software that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions.

This means, by way of example only, that checking email is permitted, however, downloading movies using P2P file sharing services, and/or web broadcasting is prohibited.

Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose.

Accordingly, ARS Global reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to ARS Global’s wireless subscribers without their consent. You may not use the Services other than as intended by ARS Global and applicable law. Plans are for individual, non-commercial use only and are not for resale. ARS Global may, but is not required to, monitor your compliance, or the compliance of other subscribers, with ARS Global's terms, conditions, or policies.

Intended Purposes Of The Promotional ARS GLOBAL Wireless Data Plan

The included 12-month promotional plan is intended for moderate users or “Light Data Users”, who consume 20 Megabytes of data or less, per month. If your use of the Data Services on our wireless network during any month of the promotional period exceed your data usage allowance of 20 Megabytes of data, ARS Global may at its option terminate access to the promotional plan, deny your continued use of the network or change your plan to one that suits your usage habits, or one imposing charges for overage usage. Your monthly data usage allowance is equal to or lesser of 20 megabytes. Unused Data is forfeited and will not rollover into any future or subsequent month. All plans are for individual, non-commercial use only and are not for resale. ARS Global may, but is not required to, monitor your compliance, or the compliance of other subscribers, with ARS Global's terms, conditions, or policies.

WARRANTIES

The ARS Global equipment is subject to the limited warranty attached as Attachment B to this agreement. In addition, ARS Global cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. NEITHER WE, NOR ANY OF OUR service providers, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT ARS GLOBAL SERVICE OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT UNLESS OTHERWISE REQUIRED BY LAW.

LIMITATIONS OF LIABILITY

YOU SHALL INDEMNIFY, DEFEND AND HOLD ARS GLOBAL GUIDING INC., ITS SUPPLIERS, THE UNDERLYING WIRELESS SERVICE CARRIER AND THE OFFICERS, EMPLOYEES AND AGENTS OF EACH OF THEM HARMLESS FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, LOSSES, EXPENSES, LIABILITY OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND INCLUDING WITHOUT LIMITATION FOR ANY PERSONAL INJURY OR DEATH, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT; THE PROVISION OR USE OF THE SERVICES; OR THE USE, FAILURE TO USE OR INABILITY TO USE THE NUMBER; ANY ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; ANY MATTER BEYOND ARS GLOBAL GUIDING INC.'S REASONABLE CONTROL, EVEN IF ARS GLOBAL GUIDING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

You expressly understands and agrees that the liability and obligations of ARS Global to you under this agreement for services are strictly controlled and limited by the underlying wireless service carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other governmental authorities which from time to time have jurisdiction.  In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of ARS Global and/or any supplier of services to ARS Global arising in any way in connection with this agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by ARS Global of damages in an amount equal to the amount charged to you for Services and Fees provided under this agreement.  In no event shall ARS Global and/or the underlying wireless service carrier be liable for any cost, delay, failure or disruption of Services, lost profits, or incidental, special, punitive or consequential damages

[ALTERNATE] LIMITATIONS OF LIABILITIES

YOU AND ARS GLOBAL ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:

ARS GLOBAL IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR CAR, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.

ARS GLOBAL IS NOT LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF ARS GLOBAL'S EQUIPMENT OR SERVICES OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF ARS GLOBAL EQUIPMENT.

ARS GLOBAL'S MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR.

UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR MAXIMUM LIABILITY TO ARS GLOBAL UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US.

NEITHER PARTY CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY’S FEES. YOU ALSO CANNOT RECOVER THESE TYPES OF DAMAGES OR FEES FROM ANY SERVICE PROVIDER. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.

ARS GLOBAL IS NOT LIABLE FOR SERVICE INTERRUPTIONS OF 24 HOURS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED.  NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, ATMOSPHERIC CONDITIONS, TERRAIN, NETWORK CONGESTION OR ANY OTHER THINGS OUT OF ARS GLOBAL'S CONTROL.

YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY ARS GLOBAL OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND ARS GLOBAL'S CONTROL.

YOU AGREE THAT NEITHER ARS GLOBAL NOR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH ARS GLOBAL IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.

UNLESS YOU CONTRACT WITH THE SAME PARTY FOR PERSONAL PHONE SERVICE, YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR WIRELESS SERVICE PROVIDERS AND AREN’T A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ARS GLOBAL AND ANY OF OUR WIRELESS SERVICE PROVIDERS. Unless you have a separate contract with them, NONE OF OUR WIRELESS SERVICE PROVIDERS HAS ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY.

Finally, you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using your Car, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your ARS GLOBAL Equipment or service.

NOTE: Some states don’t allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

DISPUTE RESOLUTION

If you and we have a disagreement related to ARS Global service, we’ll try to resolve it by talking with each other. If talking does not resolve the dispute, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE CONFIDENTIAL ARBITRATION, NOT LAWSUITS (except for small claims court cases) TO RESOLVE THE DISPUTE. Either party can always contact a government agency or regulatory authority for help.

The arbitration will work as follows:

The Federal Arbitration Act will apply to any controversy or claim arising out of or relating to this agreement, except for qualifying small claims court cases, or any prior agreement for service with us or any of our affiliates, predecessors in interest, or service providers, or any product or service provided under or in connection with this agreement or such a prior agreement, or any advertising for such products or services, will be settled by one or more neutral arbitrators affiliated with the American Arbitration Association ("AAA").

For claims over $10,000, the AAA’s Wireless Industry Arbitration ("WIA") rules apply. In complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and the losing party may have the award reviewed by a panel of 3 new arbitrators.

For claims of $10,000 or less, whichever party initiates the arbitration can choose either the AAA’s supplementary procedures for consumer-related disputes or an individual action in small claims court. Each of us may have to exchange relevant evidence in advance.

You can get rules and fee information from the AAA (www.adr.org). This agreement does not permit class arbitrations even if AAA procedures or rules would.  In exchange for this, we’ll pay (if you ask us in advance) for any filing fee charged you by the AAA for one (1) arbitration of any disputes between us, as long as there were good faith efforts to resolve the disputes with us before filing for arbitration. If the arbitration proceeds past the filing, we’ll also pay, if asked at the time, any further administrative and arbitrator fees that you are later charged.  There’s no judge or jury in arbitration, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this agreement as a court would. If an applicable statute REQUIRES an award of attorney’s fees, an arbitrator can award them, too.

Any arbitration award made after completion of arbitration is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.  If for some reason these arbitration requirements don’t apply, or a claim proceeds in small claims court, we each waive any trial by jury.

We agree that the arbitration, including the evidence, the argument and the outcome, is confidential between us. We can both tell our lawyers and, if necessary, our financial advisors and insurers about the arbitration if they agree to keep it confidential too. We can both tell others but only if required by law. The arbitrator we appoint has to agree to this confidentiality protection. Nothing in this agreement prevents either of us from filing the arbitration award with a court to enforce or appeal such award, though we agree that the evidence and arguments of the parties related to such award will be treated as confidential information subject to court approved protective order.

CONTROLLING LAW

To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.  

RELATIONSHIP BETWEEN THE PARTIES

This agreement does not create any fiduciary relationships between you and ARS Global, or between you and any of the service providers. This agreement also does not create any relationship of principal and agent, partnership, or employer and employee.

ASSIGNMENT

ARS Global can assign this agreement or your obligations to pay under it in whole or in part to another party. You cannot assign this agreement or your obligations to another party without our prior consent.