Terms of Use

Terms of Use

In this Web Site Terms of Use (“TOU”), we, CalAmp and our affiliates in the CalAmp group of companies (including, without limitation, LoJack Corporation), set forth the terms by which you may use our sites including www.CalAmp.com and www.LoJack.com and other web sites that we operate and on which we post a direct link to this statement (collectively the “Site”). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

  1. Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries, and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with CalAmp, or where such limitations are expressly prohibited by a third party license, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with CalAmp), provided you keep intact all copyright and other proprietary notices. Any copies of the content that do not have any copyright statement must include CalAmp’s copyright notice: © Copyright 2018 CALAMP Incorporated. All rights reserved.

Nothing in these materials is an offer to sell any of the components or devices referenced herein. Certain components for use in the U.S. are available only through licensed suppliers. Some components are not available for use in the U.S.

  1. This Site may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites. CalAmp makes no representations whatsoever about any third party web site which you may access through the Site. When you access a third party web site, you agree that it is independent from CalAmp, that any content you retrieve from that web site is not distributed by CalAmp, and that CalAmp has no control over any content on that web site. In addition, a link to a third party web site does not mean that CalAmp accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojans, and other items of a destructive nature.
  2. Additional Terms for Wiki Pages, Forums, Blogs, and Other Social Media.
    Our Site may provide one or more Wiki pages, forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with CalAmp about CalAmp’s products and services (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
  3. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.

 

  1. Postings Not Necessarily the Opinion of CalAmp. Some of the individuals posting to Forums work for CalAmp; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of CalAmp.

 

  1. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and CalAmp will not be held responsible for any message or associated content.

If you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (i) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (ii) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (iii) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (iv) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (v) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. The Forums may include contributions from various sources over which CalAmp has no control (including any content submitted by third party users). CalAmp does not pre-screen or exercise editorial control over any Postings, and takes no responsibility for any Postings. CalAmp reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe CalAmp, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and CalAmp will not be liable in relation to the removal of, or failure to remove, any Postings.

You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.

When using the Forums and viewing Postings, you need to be aware of the following issues:

  • The Forums may include contributions from various sources over which CalAmp has no control (including any content submitted by third party users).
  • CalAmp does not pre-screen or exercise editorial control over any Postings, and takes no responsibility for any Postings.
  • CalAmp reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe CalAmp, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and CalAmp will not be liable in relation to the removal of, or failure to remove, any Postings.
  1. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (a) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (b) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.

 

  1. By adding a Posting to the Forum, you are granting CalAmp a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction, (c) make, use, sell, offer for sale, and import products implementing any invention or functionality reflected in your Posting, and (d) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction without CalAmp owing any monies to you whatsoever.

 

  1. CalAmp Employees. If you are a CalAmp employee, you must also follow the CalAmp Social Media Policy in your Postings.
  2. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
  3. In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at http://www.CalAmp.com/privacy (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy.
  4. The materials on the Site and on the Forums are provided “as is” and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.

To the fullest extent permissible pursuant to applicable law, CalAmp disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. CalAmp does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. CalAmp does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not CalAmp or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.

  1. Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall CalAmp, its subsidiaries and parent companies and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall CalAmp’s aggregate liability exceed $5.00. You specifically acknowledge and agree that CalAmp, its subsidiaries and parent companies and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.
  2. Notices of copyright infringement. Notifications of claimed copyright infringement should be sent to CalAmp’s Designated Agent in writing at the following address:

CalAmp

Attn: Corporate Legal

legal@CalAmp.com

15635 Alton Parkway, Suite 250
Irvine, California, U.S.A. 92618

Email Address of Designated Agent:

copyrightagent@CalAmp.com

 

To be effective, the Notification must include the following:

  1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online 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 is 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 CalAmp to locate the material on the Site;
  4. Information reasonably sufficient to permit CalAmp to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
  5. A statement that the copyright owner or authorized agent 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;
  6. A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in a through f above CalAmp shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that CalAmp has removed or disabled access to the allegedly infringing material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to CalAmp’s Designated Agent at the above provided address that includes substantially the following:

  1. A physical or electronic signature of the alleged infringer;

 

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

 

  1. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

 

  1. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for Orange County, California, or if the Subscriber’s address is outside of the United States, for any judicial district in which CalAmp may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in a through d above, CalAmp shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that CalAmp will replace the removed material or cease disabling access to it within ten (10) business days. If CalAmp’s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, CalAmp shall restore the allegedly infringing material.

  1. EXPORT RESTRICTIONS.You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.
  2. CalAmp is a registered trademark of CalAmp Corp. Certain other product names, brand names and company names mentioned in this Site may be trademarks of their respective owners.
  3. Modification & Termination.This TOU is effective until modified or terminated by CalAmp. CalAmp may modify this TOU from time-to-time and the new TOU will be effective when posted. CalAmp may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
  4. LanguageThis TOU is solely effective in its English language version and any translations of this TOU are provided solely for information and convenience. In the event this TOU is translated into any language other than English, the English version shall in all respects control and apply in case of any differences or discrepancies.
  5. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Effective: June, 2018