Dashcam Terms of Service

These Terms and Conditions of Sale (the “Terms”) apply to all offers and sales by Hivemapper, Inc. (“Hivemapper”, “we”, “us”, “our”)) of goods and services purchased by you (“Goods” and “Services”, respectively). All access and use of the Service and Goods is subject to the terms and conditions contained in these Terms (as amended from time to time, these “Terms”). By accessing, browsing, or otherwise using the purchasing the Goods, or interacting with any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service or should not purchase our Goods. If you do not accept the terms and conditions of these Terms, you will not access, browse, or otherwise use the Service or our Goods.

IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HIVEMAPPER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Company will deliver the Goods within a reasonable time after Company’s acceptance of your purchase order. The estimated dates set forth in any sales confirmation are merely estimates. Company will not be liable for any delay or loss or damage in transit. Company may, in its sole discretion, without liability or penalty, make partial shipments of Goods to you. Each partial shipment or performance will constitute a separate sale, and you will pay for the units shipped or services performed whether such shipment is in whole or partial fulfillment of your purchase order.

End-Users Only/Resale Prohibited: Goods sold through the website are not authorized for resale, export, or re-export. The resale of a Good without the authorization of the Company is an infringement of the Company’s intellectual property rights. By submitting an order on hivemapper.com, you agree that you are not purchasing the Company’s products for resale.

Descriptions: We do our best to provide accurate information on our product pages—including product descriptions, prices, shipping estimates, etc. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability are subject to change. Your order is subject to cancellation by us, in our sole discretion.

Order Acceptance: We reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If we do cancel your order, we will refund you any amounts that you have been charged.

Payments: When you place your order for the Good(s), you will be charged the price set forth on the Site, plus taxes, shipping, and any other governmental charges. Your placing the order constitutes your express agreement for us to charge such amounts to your provided payment method. You cannot make changes to your order after it has been placed.

Risk of Loss: All purchases of physical products are made subject to a shipping contract. Risk of loss and title for purchases pass to you upon our delivery to the carrier. You must notify us within 30 days of the date of when you received the Goods or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.

Our Goods are guaranteed against manufacturing defects one (1) year from the original date of purchase. Our sole obligation in the event of such defects during this period is to repair or replace the defective part or product with a comparable part or product at our sole discretion. Except for such repair or replacement, the sale, processing or other handling of this product is without warranty, condition or other liability even though the defect or loss is caused by negligence or other fault. Damage resulting from use, accident, modification, or normal wear and tear is not covered by this or any warranty. We assume no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. In no event shall we be liable for incidental or consequential damages relating to or resulting from the use of this product or any of its parts. Returns or replacements of parts and/or products may be subject to shipping, handling, replacement and/or restocking fees.

EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY SECTION ABOVE (A) THE GOODS ARE PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE BINDING ON OR OBLIGATE US; (B) THE GOODS ARE EXPRESSLY PROVIDED TO YOU “AS IS”; (C) IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE GOODS AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED; (D) COMPANY DOES NOT WARRANT THAT THE USE OR OPERATION OF THE GOODS WILL BE UNINTERRUPTED O R ERROR FREE; AND (E) YOU BEAR ALL RISKS RELATING TO THE USE OF THE GOODS AND THE QUALITY AND PERFORMANCE OF THE GOODS AND SERVICES AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

You will defend, indemnify and hold harmless Company and its officers, directors, employees, permitted successors, agents and representatives from and against any liability, claim, demand, action, suit, proceeding, loss, damage or expense (including court costs and reasonable attorneys’ fees) related to misuse of the Goods or resulting from injury and/ or death of any person or damage to or loss of any property arising out of your negligence or wrongful act, error or omission.

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) COMPANY’S AGGREGATE LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE GOODS AND SERVICES YOU ORDERED THAT IS RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER, OR DAMAGES RESULTING FROM LOST DATA (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY). SOME STATES, COUNTRIES AND PROVINCES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Please contact [email protected] to request a return. There are a few important things to keep in mind when returning a product you purchased online from Hivemapper:

(a) You can indicate your intent to return within 14 days of receiving your product. You have a further 14 days after indicating your intent to return to then return your products or arrange for their collection.

(b) Only items that have been purchased directly from Hivemapper can be returned to Hivemapper. Hivemapper products purchased through other retailers must be returned in accordance with their respective returns and refunds policy.

(c) You are responsible for the shipping and VAT/duties (if applicable) costs.

(d) Please ensure that the item you’re returning is repackaged with all the cords, adapters and documentation that were included when you received it.

(e) There will be a restocking fee of $30 per unit returned.

Once we receive your item and review the condition of the product, a refund will be initiated minus the shipping cost and restocking fee. The way your refund is processed depends on your original payment method.

Subject to the terms and conditions of these Terms, to the extent any Company software is embedded in the Goods as delivered by Company to you hereunder, such software may contain or be provided together with open source software. Each item of open source software is subject to own license terms, which can be found at: https://bit.ly/3umnVhp. If required by any license for particular open source software, Company makes such open source software, and Company’s modifications to that open source software (if any), available by written request to [email protected]. Copyrights to the open source software are held by the respective copyright holders indicated therein

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Hivemapper, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or Goods or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Hivemapper. Hivemapper reserves the right to investigate and take appropriate legal action against anyone who, in Hivemapper’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Hivemapper, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Hivemapper or its users to any harm or liability of any type;

b) interfere with or disrupt the Service or Goods or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

c) violate any applicable local, state, national, or international law, or any regulations having the force of law;

d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e) solicit personal information from anyone under the age of 18;

f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

i) use the Goods in violation of any applicable privacy laws;

j) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service or the Goods;

k) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

l) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Hivemapper from accessing the Goods or Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

You will comply with all applicable laws, regulations and ordinances and maintain in effect all the licenses, permissions, authorizations, consents and permits that you need to carry out your obligations under this Agreement. You will comply with all export and import laws of all countries involved in the sale of the Goods and Services under these Terms, including the U.S. Export Administration Regulations and the trade and economic sanctions maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You assume all responsibility for shipments of Goods or performance of any Services requiring any government import clearance. Company may terminate these Terms if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Goods or Services. By ordering the Goods or using the Service, you represent and warrant that: (i) you are not located in a country or territory that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will not use the Goods or Services for any prohibited end use, including for activities related to nuclear proliferation, chemical or biological weapons, missile proliferation, military end use, or military-intelligence end use. You agree not to resell, export, re-export, release, or transfer the Goods or Services, whether directly or indirectly, to any end-user or to any country, other that the end-user and destination country identified on the purchase order.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

A. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” If you are entering into these Terms of Service as an individual (as opposed to on behalf of an entity), you agree that any and all disputes or claims that have arisen or may arise between you and Hivemapper, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Hivemapper are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

B. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND HIVEMAPPER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HIVEMAPPER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

C. Pre-Arbitration Dispute Resolution

Hivemapper is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Hivemapper should be sent to 101 2nd Street Suite 1200 San Francisco, CA 94105 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hivemapper and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Hivemapper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hivemapper or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hivemapper is entitled.

D. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Hivemapper and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Hivemapper agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

E. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Hivemapper will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Hivemapper will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hivemapper will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

F. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

G. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

H. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Hivemapper agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Hivemapper written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Dispute Resolution By Binding Arbitration – For Users Entering into these Terms of Service on behalf of an Entity

You and Hivemapper intend that these Terms of Service are to be construed and enforced in accordance with the laws of the State of New York without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms of Service.  Any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and Hivemapper shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing.  Judgment on the award may be entered in any court having jurisdiction.