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TERMS OF PURCHASE


1. General.

 a. You (“Your,” “Customer,” or “User”) and ERS Group, Inc. (“SmartScouter,” “ERS Group,” “We,” “Us,” or “Our”) agree that your order is an offer to purchase the products(s) listed in your order ("Product") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by SmartScouter via confirmation that specifically references your order or when SmartScouter ships to you the Product you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by SmartScouter. When you send your order to SmartScouter to purchase the Product, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.

 b. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and SmartScouter.

 c. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.

 2. Payment Terms. SmartScouter accepts only those credit/debit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit/debit card will be charged at time of purchase on our website. SmartScouter will retain any payment information supplied and all payment information may be used for future orders, wireless services and activations, and collection purposes. If you need special consideration for your payment information, please contact SmartScouter before supplying your payment information.

 3. Shipping Charges; Customer Location. Separate charges for shipping will be added to the cost of the Product. Because of the automated and fallible nature of the online shipping calculator, You authorize SmartScouter to adjust your shipping charges prior to or after shipping your product. SmartScouter may mark up the shipping costs for business reasons including but not limited to export duties or tariffs, taxes, handling, labor, and materials. SmartScouter may not accept orders from billing and shipping addresses located outside of the 50 United States, the District of Columbia, and Canada. SmartScouter reserves the right to limit quantities.

 4. Taxes. All applicable taxes (e.g. local, federal, and state) are your responsibility and may be applied to the order. You agree to pay these taxes.

 5. Title. SmartScouter will ship the Product to you from SmartScouter's manufacturing or distribution facility, as applicable, with title and risk of loss passing to you upon SmartScouter's delivery of the Product to the first common carrier. Title to any applicable software will remain with the licensor(s).

 6. Governmental Authorizations. You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Product that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. Neither SmartScouter nor any of its employees is your agent or representative in governmental matters.

 7. Warranty.

 a. Limited Warranty. ERS Group warrants the Product to be free from malfunctions and defects in both materials and workmanship for six (6) months from the date of purchase (“Warranty Period”). ERS Group will repair or replace, at its option, the Product if it fails to function properly during the Warranty Period, subject to the conditions and/or limitations stated herein. Such repair or replacement is your sole remedy under this Limited Warranty.

b. Limitations. Limited Warranty service will not be provided unless the Product, returned in the manner set forth below, is accompanied by a copy of your original dated sales receipt. ERS Group reserves the right to require you to provide your original dated sales receipt. Products purchased from non-authorized dealers may not qualify for warranty coverage.

c. Service. If something goes wrong with the Product, please contact our customer support department at 1-888-70-SCOUT (72688) or Support@SmartScouter.com. Troubleshooting may be required prior to authorization for warrantee repair services. If service is recommended for your product, additional instructions will be provided. Additional terms and conditions may apply. If it is determined that your product does not qualify for warranty coverage, the following charges may or may not apply: Labor Hours, Parts, Materials, Estimate Services, Shipping and Handling.

d. This Limited Warranty does not cover the following:

  1. any defect in or damage to the Product that occurs due to mishandling of the Product;
  2. any defect in or damage to the Product that occurs due to repair, modification, or other similar activity after your purchase of the Product;
  3. any defect in or damage to the Product that occurs due to the transport, dropping, shock, or other similar activity after your purchase of the Product;
  4. any defect in or damage to the Product that occurs due to careless or improper storage, or improper use or maintenance of the Product;
  5. any defect in or damage to the Product that occurs due to foreign objects such as dirt or grime, sand, water or liquids entering the inside of the Product; and 
  6. any defect to the Product related to your failure to follow proper operating instructions provided by ERS Group, claims made after the Warranty Period, or your failure to follow the instructions set forth below with respect to return of the Product to ERS Group.

e. All other express and implied warranties for the product, including the implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed. ERS Group expressly disclaims all warranties not stated in this warranty. Any implied warranties that may be imposed by law are limited in duration to the terms of this express limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you. In no event will ERS Group be liable to you, or any third party, for any damages in excess of the purchase price of the product. In addition, ERS Group shall in no event be liable to you, or any third party, for any direct or indirect damages or other special, incidental, exemplary or consequential damages arising out of the use or inability to use the product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages for some products, so the exclusions or limitations may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from jurisdiction to jurisdiction.

 Some states do not allow an exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

f. Notwithstanding any terms of this Limited Warranty to the contrary, no warranty coverage shall be provided for a Product purchased from, through, or with the assistance or involvement of any Internet auction web site. SmartScouter reserves the right to modify its warranties prospectively at any time, in its sole discretion.

8. Software License. All software is provided subject to the end user license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. If you do not agree to abide by the end user license agreement, you must return the software to SmartScouter, with the software unused, for a refund of your purchase price.

9. 30-Day Money Back Return Policy. SmartScouter's "30-Day Money Back Return Policy" that is in effect on the date of invoice applies to the product you purchase under this Agreement. Contact us for a copy of the 30-day Money Back Return Policy.

10. Products. SmartScouter's policy is one of on-going product update and revision. SmartScouter may revise or discontinue products at any time. SmartScouter will ship products that have the functionality and performance of the products ordered, but differences between what is described in hardcopy or electronic versions of SmartScouter products documentation and what is shipped are possible. SmartScouter attempts to be as accurate as possible, but does not warrant that product descriptions or any other content or materials on this site are accurate, complete, current, or error-free. If a product you purchase from this site is not as described, your sole remedy is to return it in unused condition under the return policy. The parts and assemblies used in building SmartScouter Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.

11. Limitation of Liability. Except for personal injury, SmartScouter’s total liability whether for breach of contract, warranty, late delivery or non-delivery, negligence, strict liability in tort or otherwise, is limited to the price of the particular product(s) sold with respect to which losses or damages are claimed. SmartScouter will not be liable for any incidental, special, or consequential damages, to the full extent such may be disclaimed by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12. Compliance with the Law; Resale Sales. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Product or this Agreement. The Product is intended for purchase and use only in the United States. SmartScouter has additional terms and conditions governing purchase for resale, please contact us for resale purchases.

13. Export Compliance. The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract. You agree to be billed for; to be automatically charged for; and/or to reimburse SmartScouter for any Duties, Tariffs, Taxes, or other fees associated with the export of your product.

14. Third Party Products and Services. Products and/or services of parties other than SmartScouter are sold or provided on this site. In addition, SmartScouter may provide links to the sites of affiliated companies and certain other businesses. SmartScouter is not responsible for examining or evaluating such third party products or services. SmartScouter does not assume any responsibility or liability for the product, content, or actions of all these and any other third parties, and SmartScouter does not warrant or provide technical support for the offerings of any third party products or services.

15. Wireless Plan. The pricing of the Wireless Plan is described on this site. You understand that the Product requires a wireless service in order to send information wirelessly, and this wireless service is charged monthly. Your agreement to purchase the Product shall not be affected if the Wireless Plan is terminated for any reason whatsoever either before or after your purchase of the Product. In that regard, SmartScouter shall not be responsible for return of the Product or for damages resulting from inability to use the Product with a wireless service if the Wireless Plan is terminated for any reason whatsoever either before or after your purchase of the Product.

16. Automatic Activation and acceptance of the Wireless Contract. By purchasing a product which uses wireless services, you are also agreeing to have the product pre-activated for you at our fulfillment center. If no wireless plan is specified in the purchase order, then you explicitly authorize SmartScouter to select a plan for you. You may request a change to your wireless plan at any time without a plan change fee. Wireless plan changes may not take effect immediately. In addition, by purchasing a product which uses wireless services, you are also asserting that you have read, understand, and agree to the wireless contract that is available for review on our website. This activation process will include the activation fee and charges for the 1st month’s service. The activation fee and 1st month’s service will be automatically charged to the credit/debit card provided by the customer.

17. Cancellation of Wireless Plan.  You can cancel the wireless plan upon written notice (email is acceptable) to SmartScouter.  There is an early cancellation fee of $75. The full terms and conditions of cancellation are outlined in the wireless contract. You can reactivate a cancelled wireless plan at anytime.  The Product must be shipped to a SmartScouter office for reactivation. The customer pays for shipping both ways and additional charges may apply.

18. Website Usage; Media Storage. SmartScouter may provide an online website, individual account, and online storage in your account for digital media including but not limited to, pictures, video, and audio recordings. SmartScouter may send or otherwise transmit copies of media to you or your authorized recipients through various outlets including but not limited to email, download, text or picture mail (“MMS” and/or “SMS”). This storage space is intended for data and media sent from a SmartScouter device and/or through the SmartScouter Services. SmartScouter does not make any guarantee or warranty that such data will remain intact, secure, free from error, or defect. You agree that SmartScouter may rearrange, move, delete, copy, and/or modify your media or data for any reason at any time with or without notice. SmartScouter may charge for use of the website or any of the features built into the website at any time with proper notice as prescribed in this Agreement. You agree that SmartScouter may limit or block access to the website, your account, or the media contained within the site, in part or in whole, for any reason, at any time, and for any duration of time.

19. Dispute Resolution.  We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your statement.  We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction.  The arbitration will be administered by the National Arbitration Forum ("NAF") under its arbitration rules. If any NAF rule conflicts with the terms of the Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.  Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.

20. No Class Actions.  To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding. This section is intended to have a retroactive effect and will cover all previous purchase agreements, terms & conditions, and any other agreements or contracts between you and ERS Group or our affiliates.

21. Deposits: If requested, you agree to provide a deposit as a guarantee of payments or to increase the amount of any prior deposit should we find your credit standing, financial circumstances, or payment history unsatisfactory at any time or if your account incurs excessive usage charges. The amount of the deposit will be at our sole discretion but shall not exceed the combined total of your average monthly bill or average projected monthly bill over a period of two months plus any early termination fees that you may be liable for. We reserve the right to apply any deposited amount towards any balance on your account including past due amounts, unbilled services, and early termination fees with or without notice to you. We will not pay interest on any deposited amount unless required by law. Any deposit amount remaining following your final charges will be refunded to you in a manner of our choosing. You also agree to promptly redeposit any amount so applied at our request. We may suspend or terminate services under the terms of this agreement if you fail to adhere to the deposit policies described in this paragraph.

22. Your Privacy - IMPORTANT INFORMATION – Please read carefully before making your purchase decision.  Except as provided in this agreement or other agreements you may have with ERS Group, we will not intentionally share personal information about you without your permission. We may use and share information about you and how you use the services: (A) So we can provide our goods or services; (B) So others can provide goods or services to us, or to you on our behalf; (C) So we or our affiliates can communicate with you about goods or services that any of us offer (although you can call us at any time if you do not want us to do this); (D) To protect ourselves; or (E) As required by law, legal process, or exigent circumstances. In addition, we may include our own third party advertising in the services you have purchased from us, and we may share information about you with affiliates, vendors and third parties to, in addition to the above reasons, deliver relevant advertising to you while using the services. We may collect and transmit information regarding your use of the services through applications or other software present on your device. If you do not want us to collect, transmit or use such information about you for the above purposes, you should not use the services; by using the services, you expressly authorize us to use your information for these purposes. Further, you have authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and our affiliates. If you ask, we will tell you the name and address of any credit agency that gives us a credit report about you. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.

23. Publicity. Neither party will use the other’s name, logo, product names or trade or service marks, or refer to the other directly or indirectly in any advertising, sales presentation, news release, release to any professional or trade publication or for any other purpose without the other’s prior written consent.

24. Governing Law. The terms and conditions of your purchase shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts or choice of laws principles. In any matter connected with this Site or the terms and conditions of your purchase, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Northern District of Georgia, or if that court lacks subject matter jurisdiction, in the courts of the State of Georgia.

 

WIRELESS CONTRACT 

Terms of Wireless Contract 


1. General.  These terms of wireless contract ("agreement") is a contract under which we provide and you accept our services.  In addition to these terms and conditions of service ("Ts&Cs"), there are several parts to your purchase of a device and wireless service including, but not limited to, the terms of purchase, this agreement, and any materials we may provide you. It is important that you carefully read all of the terms of the agreement.

2. Basic definitions.  In this document: (1) "we," "us," "our", "SmartScouter", and "ERS Group" mean ERS Group, Inc. and its affiliates doing business as SmartScouter or ERS Group; (2) "you," "your," "customer," and "user" mean an account holder or user with us; (3) "device" means any device, accessory or other product that transmits still pictures, video, sound, or other information wirelessly and (4) "service" means our wireless services and/or internet-based services on your account with us.

3. Terms of purchase.  In addition to the terms of wireless contract, you are also agreeing to the terms of purchase (“terms of service”) which is available on our website for review. This condition applies even if your device was not purchased directly from ERS Group or its affiliates.

4. Scope of wireless contract. This agreement will cover all services provided by SmartScouter on any device and/or any account that you have authority over, and this agreement will override all previous versions of the wireless contract to the extent permitted by law. This agreement applies to all services provided in the past, present, and in the future.

5. Data usage.  We provide only data, not voice, services for the device.

6. Charges.  Charges for our services are listed on our website, and such charges typically consist of the following for subscription to our services:

  • One time activation fee
  • Monthly charge
  • Data charge - you may be charged for a data transmission (e.g. Pictures) regardless of picture quality; for example, poor quality pictures due to false triggers, poor quality night pictures, blurry pictures, poor quality pictures due to direct sun light, etc. Some wireless service plans bundle the data charges with the base monthly service fee.

7. Automatic credit card payment authorization; Payment information retention.  By purchasing the service and agreeing to the Ts&Cs of this agreement, you authorize us to charge your credit/debit card for the service. Specific billing information concerning your automatic credit card payment authorization is provided by you on our website. SmartScouter will retain any payment information supplied and all payment information may be used for future orders, wireless services and activations, and collection purposes. If you need special consideration for your payment information, please contact SmartScouter before supplying your payment information.

8. When you accept the agreement.  You must have the legal capacity to accept the agreement. You accept the agreement when you do any of the following: (a) sign a contract with us on paper or electronically; (b) accept agreement through an oral or electronic statement; (c) attempt to or in any way use the services; (d) pay for the services; or (e) open any package or start any program that says you are accepting the agreement when doing so. If you do not want to accept the agreement, or you do not have legal capacity to accept this agreement, do not do any of these things.

9. Coverage; Where your device will work.  Coverage is not available everywhere. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, software, signal strength, interference with the signal or transmission, your device, structures, buildings, weather, geography, topography, etc.), may result in no connections, blocked connections, slower data speeds, or otherwise impact the quality of service.

10. Your statement of charges.  Each month we will post a copy of your statement into your online acct. We will also provide a history of past statements that you can review. Our normal statements are for informational purposes only since payments are charged to your credit card automatically. If a particular statement is not posted into your account for any reason, you may request a copy of the missing statements, which will be sent by email. Statement cycles and dates may change from time to time. Your statement may also include other important notices (for example, changes to this agreement, to your service, legal notices, etc.). It is your responsibility to review each statement and report any concerns or problems in a timely manner. Your statement may not include individual call detail. You will not receive paper statements.

11. One year term; Termination fee; Month-to-month contract.  You agree to maintain SmartScouter service on each wireless device for a minimum term of one year. After completing a period of one-year of service; and paying all amounts due; and having your account in good standing with ERS Group; your device will be treated as month–to–month under this agreement. An early termination fee will apply if you choose to end the service on any device before the device obtains month-to-month status, or if we terminate it early for good cause. The early termination fee is $75 per device. In addition, you agree to pay the full price for any promotional discounts provided as part of the agreement to purchase the SmartScouter device or wireless service. This includes, but is not limited to, any activation fees or free wireless service that may have been waived at the time of purchase or activation. The early termination and other fees only apply to the extent permitted by law. The termination takes five (5) business days, and billing will stop at end of five (5) days. You'll remain responsible for all fees and charges incurred until then and will not be entitled to any partial month credits or refunds.  Also, termination of this agreement will not affect your liability for charges incurred prior to the date of termination, and termination of this agreement does not affect your purchase of the SmartScouter product(s) or related products.

12. Our rights to make changes.  Your service is subject to our business policies, practices, and procedures, which we can change at any time, with or without notice. Unless otherwise prohibited by law, we can also change prices and any other conditions in this agreement at any time by sending you written notice prior to the billing period in which the changes would go into effect. If for any reason, the written notice of a price change is not sent, the first statement reflecting the adjusted charges will serve as written notice for the purposes of this agreement and our liability would be limited to the difference between the prior and current charges for a period of one-month. If you choose to use your service after that point, you're accepting the changes.

13. Written requests for service changes; Billing disagreements.  SmartScouter will require a written request for service changes. Service changes include, but are not limited to, (a) wireless plan changes; (b) hibernation (suspend) status changes; (c) service cancelation or termination. SmartScouter may not act upon a written change request for up to five business days following receipt of such request. Depending on the nature of the request, the effective date on the changes may not be until the following billing cycle, or in some cases, following the 2nd bill cycle after the receipt of your written request. You agree to send written notice of any disagreement or dispute concerning policies, practices, charges, billing, statements, usages, or other monetary matters as soon as possible. You agree that SmartScouter will not issue credits or refunds for any services billed 60-days prior to SmartScouter’s receipt of your written disagreement.

14. Our rights to collect funds for unbilled goods and services.  If SmartScouter fails to bill for any goods or services that would normally be billable, SmartScouter retains the right to bill and/or collect such amounts at any time. This section includes; but is not limited to; (a) activation fees; (b) data usage (e.g. Pictures sent); (c) monthly services; (d) goods sent without full collateral (e.g. Loaner items or replacements); (e) shipping and handling charges. You explicitly agree that we have the right to automatically and immediately collect charges through any payment method; including but not limited to; charging your credit/debit card; or other electronic payment service. SmartScouter may also collect the amount due in multiple payments over an unspecified period of time. SmartScouter will provide a statement of the charges no later than 31-days following the collection of the funds.

15. Late payment fees; Collections; Collection costs. SmartScouter reserves the right to assess late fees on any unpaid balance. The late fee may include a flat fee in addition to a percentage of the balance that is unpaid. You are also responsible for all other costs and legal fees incurred in collecting unpaid amounts. SmartScouter reserves the right to assess a fee for any check that is returned for insufficient funds or not paid when presented for payment. The amounts involved in this section will not exceed the maximum amounts allowable by law.

16. Final bill. Following termination of the wireless services, there will be a final bill processed and charged. This final bill may include pro-rated wireless services and data costs incurred between the date of your previous bill and the date of disconnection. The final bill may also include early termination fees, charges for promotional items, or other charges covered in this contract.

17. Our rights to limit or end service or this agreement.  You agree not to resell our service to someone else without our prior written permission. You also agree your device will not be used for any other purpose that is not allowed by this agreement or that is illegal. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. We can, without notice, limit, suspend, or end your service or any agreement with you for this or any other good cause, including, but not limited to: (a) if a charge by us to your credit card is declined; (b) paying late more than once in any 12 months; (c) incurring charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (d) harassing our employees or agents; (e) lying to us; (f) breaching this agreement; (g) modifying your device from its manufacturer's specifications; (h) providing credit information we cannot verify; (i) using your service in a way that adversely affects our network or other customers; or (j) allowing anyone to tamper with your wireless phone number. We can also temporarily limit your service for any operational or governmental reason. If you file for bankruptcy, our rights to limit, suspend, or end your service or any agreement with you will be governed by bankruptcy law.

18. Deposits. If requested, you agree to provide a deposit as a guarantee of payments or to increase the amount of any prior deposit should we find your credit standing, financial circumstances, or payment history unsatisfactory at any time or if your account incurs excessive usage charges. The amount of the deposit will be at our sole discretion but shall not exceed the combined total of your average monthly bill or average projected monthly bill over a period of two months plus any early termination fees that you may be liable for. We reserve the right to apply any deposited amount towards any balance on your account including past due amounts, unbilled services, and early termination fees with or without notice to you. We will not pay interest on any deposited amount unless required by law. Any deposit amount remaining following your final charges will be refunded to you in a manner of our choosing. You also agree to promptly redeposit any amount so applied at our request. We may suspend or terminate services under the terms of this agreement if you fail to adhere to the deposit policies described in this paragraph.

19. Your privacy – Important Information! – Please read carefully before making your purchase decision.  Except as provided in this agreement or other agreements you may have with ERS Group, we will not intentionally share personal information about you without your permission. We may use and share information about you and how you use the services: (a) so we can provide our goods or services; (b) so others can provide goods or services to us, or to you on our behalf; (c) so we or our affiliates can communicate with you about goods or services that any of us offer (although you can call us at any time if you do not want us to do this); (d) to protect ourselves; or (e) as required by law, legal process, or exigent circumstances. In addition, we may include our own third party advertising in the services you have purchased from us, and we may share information about you with affiliates, vendors and third parties to, in addition to the above reasons, deliver relevant advertising to you while using the services. We may collect and transmit information regarding your use of the services through applications or other software present on your device. If you do not want us to collect, transmit or use such information about you for the above purposes, you should not use the services; by using the services, you expressly authorize us to use your information for these purposes. Further, you have authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and our affiliates. If you ask, we will tell you the name and address of any credit agency that gives us a credit report about you. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.

20. Website usage; Media storage. SmartScouter may provide an online website, individual account, and online storage in your account for digital media including but not limited to, pictures, video, and audio recordings. SmartScouter may send or otherwise transmit copies of media to you or your authorized recipients through various outlets including but not limited to email, download, text or picture mail (“MMS” and/or “SMS”). This storage space is intended for data and media sent from a SmartScouter device and/or through the SmartScouter services. SmartScouter does not make any guarantee or warranty that such data will remain intact, secure, free from error, or defect. You agree that SmartScouter may rearrange, move, delete, copy, and/or modify your media or data for any reason at any time with or without notice. SmartScouter may charge for use of the website or any of the features built into the website at any time with proper notice as prescribed in this agreement. You agree that SmartScouter may limit or block access to the website, your account, or the media contained within the site, in part or in whole, for any reason, at any time, and for any duration of time.  

21. Disclaimer of warranties.  We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose concerning your service. We cannot promise uninterrupted or error–free service and do not authorize anyone to make any warranties on our behalf. This does not deprive you of any warranty rights you may have against anyone else.

22. Waivers and limitation of liability.  Unless the law forbids it in any particular case, we each agree to limit claims for damages or other monetary relief against each other to direct damages. This limitation and waiver will apply regardless of the theory of liability, whether fraud, misrepresentation, breach of contract, personal injury, products liability, or any other theory. This means that neither of us will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against one of our suppliers, to the extent that we would be required to indemnify the supplier for such claim. You agree we are not liable for problems caused by you or a third party; by buildings, hills, network congestion, tunnels, weather, or other things we do not control; or by any act of god.

23. You agree our liability is limited - No consequential damages.  To the extent allowed by law, our liability for monetary damages for any claims you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. In addition, any claims related to monthly service fees or data usage are limited to 60-days prior to the delivery of a written notice of claim.  Under no circumstances are we liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.

24. Dispute resolution.  We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your statement.  We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the agreement and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the federal arbitration act ("FAA"), and judgment on the award may be entered in any court with jurisdiction.  The arbitration will be administered by the national arbitration forum ("NAF") under its arbitration rules. If any NAF rule conflicts with the terms of the agreement, the terms of the agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.  Unless we each agree otherwise, the arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the agreement will also apply during the arbitration.

25. No class actions.  To the extent allowed by law, we each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding. You agree that this section has a binding retroactive effect and will cover all previous purchase agreements, terms & conditions, and any other agreements or contracts between you and ERS Group or our affiliates.

26. Publicity. Neither party will use the other’s name, logo, product names or trade or service marks, or refer to the other directly or indirectly in any advertising, sales presentation, news release, release to any professional or trade publication or for any other purpose without the other’s prior written consent.

 27. About this agreement.  A waiver of any part of this agreement in one instance is not a waiver of any part or any other instance. You cannot assign this agreement or any of your rights or duties under it. We may assign all or part of this agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices are considered delivered when we send them by email or fax to any email or fax number you have provided to us, or three (3) days after mailing to the most current billing address we have on file for you, if by us, or to the customer service address on your most recent bill, if by you. If any part of this agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form the entire agreement between us on their subjects. You cannot rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this agreement, except as a specifically provided by law. This agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we've agreed otherwise in the provisions on late fees, collection costs and arbitration, this agreement and disputes covered by it are governed by the laws of the state encompassing the area code assigned to your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.

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