Terms and Conditions

Terms and Conditions

By using any ORBCOMM Web site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). For purposes of these Terms of Use, “ORBCOMM” means ORBCOMM Inc., ORBCOMM AIS, LLC, ORBCOMM Terrestrial LLC, StarTrak Information Technologies, LLC, StarTrak Logistics Management Solutions, LLC, MobileNet, LLC, GlobalTrak, LLC, ORBCOMM SENS, LLC, and their respective subsidiaries and affiliates. ORBCOMM reserves the right, at its own discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. These terms of use may be superseded where applicable by other more specific terms and conditions or specific agreements as the case may be. Whenever you are asked to fill in information or enter into online agreements, you shall represent and warrant that the information filled in is current, complete and accurate information and if you are entering the contract on another's behalf, notably the corporation you belong to, that you have the right, capacity and power to be binding that other person. IF YOU DO NOT AGREE TO THESE WEB SITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS, OR ANY OTHER, ORBCOMM SITE.

CHANGES

All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.

USE OF SPECIFIC AUTHORIZATIONS

To enter parts of certain ORBCOMM Web sites, ORBCOMM or ORBCOMM-authorized third parties may deliver you a login, a password, an authorization code and authentication material which may be required as a specific authorization to log onto and use that portion of that site. Either as an authorized third party or as an end user, you are responsible for maintaining, where applicable, the confidentiality of any authorization code, user name and password allowing such access. You, as an end user, are fully responsible for activities which occur using that authorization code, authentication material, user name or password. You, either as end user or authorized third party, must notify us immediately of any unauthorized use of which you become aware and will notify us and change any password or any other authentication material which you believe may have been compromised. ORBCOMM disclaims any responsibility for the results of your use, misuse or fraud with respect to the specific authorization given to you. You may be personally liable in case of loss or damage caused to ORBCOMM or to any third party resulting from your negligence in protecting your authorization details, such as your user name or password or authorization code or authentication material.

Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is unlawful and ORBCOMM reserves the right to take legal action to restrain or remedy such actions. ORBCOMM is entitled to prevent you from using your authorization code, user name or password at any time, in its sole discretion, and without incurring any liability. You promise to indemnify ORBCOMM against and hold ORBCOMM harmless from any damage or costs arising from or in connection with any violation or breach of the provisions of this section and you promise to reimburse all costs and expenses incurred by ORBCOMM in defending any claim, demand, suit or proceeding arising from or in connection with such violation or breach.

ORBCOMM is under no obligation to monitor the Content and any other information residing on or transmitted to its servers. However, anyone using an ORBCOMM server agrees that ORBCOMM may monitor the server contents at any time to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users; or (3) perform any other function relating to the provision of services through an ORBCOMM website. ORBCOMM reserves the right to modify, reject or eliminate any information residing on or transmitted to any of its servers that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.

INTELLECTUAL PROPERTY

Copyright © 2024 by ORBCOMM INC. All rights reserved.

The trademarks, trade names, product names and logos of other companies that we use on this site are the property of their respective owners.

Limited License. You acknowledge and agree that all content, applications and materials available on this Web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Unless otherwise stated in a specific contract, ORBCOMM grants to you a revocable, non exclusive, non commercial, non transferable worldwide license, without right to sublicense, for the purpose of using the services, information, documents or software as the case may be, solely for your internal business purposes. Except as expressly authorized by ORBCOMM, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit the content and materials of the Web site, or create derivative works from such materials or content.

Permissions and Conditions. Permission to make and internally use copies of the text, graphics, images, video and audio files and other information ("Content") from this site is granted subject to the following:

1. Any copies shall be used only for your internal, non-commercial use;

2. Any copies must include the following copyright notice: "Copyright 2024 ORBCOMM Inc. All rights reserved" and you shall not omit, remove, alter, or deface any copyright or other intellectual property ownership legends that appear in the original Content on this site in making any copy thereof;

3. Permission is granted only to the person legally accessing this server and is not transferable to any other person.

4. You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site without the express prior written permission of ORBCOMM Inc.

Specific Prohibitions. Without the express prior written authorization of ORBCOMM, you may not:

use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;

use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;

take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;

decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;

use any meta tags or any other "hidden text" utilizing the name of any ORBCOMM entity or any trademark of any ORBCOMM entity;

frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any ORBCOMM entity or use any trademark of any ORBCOMM entity except as set forth in the foregoing limited license in these terms of use or in another written agreement between you and ORBCOMM that is currently in effect at the time of use; or

otherwise exceed your limited access to the site as authorized by ORBCOMM.

Content Control; Proprietary Content. ORBCOMM reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.

The Content may contain other proprietary notices or describe products, services, processes or technologies owned by ORBCOMM entities or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of any ORBCOMM entity or any third party.

Software. ORBCOMM may make available for download certain software or documentation. These specific downloads, and their subsequent installation (if applicable) or use may be subject to particular terms and conditions of use, which may be detailed in separate License Agreements you may be asked to enter by manifesting your acceptance by clicking on the "I agree" button. By accepting the terms of the specific license, you agree to become a party to and to be bound by all the terms and conditions of the corresponding license agreement. The terms and conditions above regarding copies apply to all downloads.

USE OF LINKS

ORBCOMM makes no warranties as to the accuracy of the content of the links of other Web sites and their effective access at any time.

You may link to our site, subject to the following guidelines:

1. You must link only to our homepage, and not to pages within the site itself. No direct link to the ORBCOMM M2M Management Portal is permitted without prior and specific written authorization from ORBCOMM Inc.

2. The ORBCOMM link must not appear connected to any other logos and graphics.

3. The ORBCOMM link must not be used in any way that implies an endorsement by any ORBCOMM entity of any third party or their product or service, and must not be such as to disparage or potentially bring discredit upon any ORBCOMM or impair its goodwill or reputation, including without limitation goodwill associated with any ORBCOMM trademark, tradename, product, or service.

4.You may only use a text hyperlink, and no use of any ORBCOMM logo or ORBCOMM artwork or graphic is permitted.

5.The “ORBCOMM” name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.

6.Your text hyperlink must include the following company name: “ORBCOMM.” No stylization is permitted.

DISCLAIMER OF WARRANTIES

ANY CONTENT ON THIS SITE AND ANY SUPPORTING SERVER MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT PROVIDED THROUGH THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY ORBCOMM INC., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER ORBCOMM INC. NOR ITS AFFILIATES WARRANT THAT THE CONTENT AVAILBLE THROUGH THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. ORBCOMM INC. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED THROUGH THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL ORBCOMM INC. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE , THIS WEB SITE OR THE INTERNET GENERALLY, ITS CONTENT, NOTABLY THE SERVICES, DOCUMENTATION OR SOFTWARE THAT MAY BE MADE AVAILABLE, OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ORBCOMM OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER IS A MATERIAL TERM OF THE AGREEMENT OF ORBCOMM INC. AND ITS AFFILIATES TO PERMIT YOUR USE OF THIS SITE AND IT IS INTENDED TO APPLY REGARDLESS OF WHETHER THE LIMITED REMEDY PROVIDED FAILS OF ITS PURPOSE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ORBCOMM Inc., its affiliates, and their respective employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney, accountant, and expert witness fees and all costs of discovery, litigation, and/or settlement, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.

INTERNATIONAL USE

ORBCOMM Web sites are accessible via the World Wide Web which is independent of our Web site and more generally of ORBCOMM. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. ORBCOMM shall have no liability for any information or service obtained by you on the World Wide Web.

DIGITAL MILLENNIUM COPYRIGHT ACT

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the ORBCOMM system or network, should be promptly sent in the form of written communication to ORBCOMM’s Designated Agent: Chris LeBrun, Esq., General Counsel, 395 W. Passaic Street, Suite 325, Rochelle Park, NJ 07662; Facsimile: (703) 433-6400; lebrun.chris@orbcomm.com.

All claims must include the following information

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;

5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GOVERNING LAW AND COMPETENT JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and applicable federal laws of the United States of America, without reference to conflict of laws rules, except that the provisions of the Uniform Computer Information Transactions Act (“UCITA”) as enacted by the Commonwealth of Virginia, shall not apply. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of this Web site shall be exclusively brought before the state and federal courts sitting in or for Loudon County, Commonwealth of Virginia, USA.