WARRANTY INFO AND TERMS AND CONDITIONS

This limited lifetime warranty is in addition to, and not in lieu of, any original warranty from the manufacturer of the dashboard camera (the “Camera”).  This limited lifetime warranty shall begin on the date of expiration of the original manufacturer’s warranty and shall continue for the average useful lifetime of the Camera (the “Limited Warranty Term”) as reasonably determined by Verifleet LLC (the “Company”), dba DOT Dashcam.

The Company warrants to the original customer of record, that should the Camera or any part thereof, during normal consumer usage conditions during the Limited Warranty Term be defective in material or workmanship that results in product failure, then upon the Company’s receipt of proper notice of the defect(s) by the original customer of record (the “Claim”), the Company will cause the Camera to be repaired or replaced with a refurbished or new product at the Company’s discretion, without charge for parts and labor directly related to the defect(s).

Any Claim relating to a period prior to the beginning of the Limited Warranty Term must be made directly to the original manufacturer of the Camera as this limited lifetime warranty will not apply to such Claim.

Any Claim during the Limited Warranty Term must be made in the following manner:

  1. First, you must call the Company’s customer support team at the following telephone number: 877-247-2332 and provide verbal notification of a potential Claim;
  1. Second, you must submit written evidence of the Claim to the Company describing the Claim and to the extent known to you: the date of loss and the make, model and serial number of the Camera. This notice may be sent by email to:

info@dotdashcam.com

or by mail to the Company at the following address:

DOT Dashcam______________________

6101 Long Prairie Rd., Ste. 744, PMB 281,

Flower Mound, TX 75028; and

  1. Third, to the extent reasonably possible, you must return the Camera to the Company at the above address so the Company may inspect the condition of the Camera. Please note that the limited lifetime warranty shall not apply if upon inspection of the returned Camera the Camera’s mechanical serial number or electronics serial number has been intentionally removed, altered, or defaced.

The Company’s limited lifetime warranty does not apply in the event of any loss caused by any of the following:  (1) ordinary wear and tear beyond the useful life of the Camera; (2) theft, vandalism or sabotage; (3) any collision or accident involving the motor vehicle wherein the Camera was located at the time of such accident; (4) damages caused by nature or casualty such as by fire, extreme heat or extreme cold, hail, wind, dirt, mud, sand, flood, tornado, hurricane, earthquake or lightning; (5) interior moisture, humidity, condensation, or excessive temperature; (6) intentional injury or destruction to the Camera; (7) intentional or negligent misuse, neglect, improper storage or abuse of the Camera; (8) application or force or materials such as power washing, use of harsh chemicals such as acids, salts, abrasive cleaners or solvents; (9) spillage of food, liquid or any other material; (10) blown fuse caused by an electrical device other than the Camera; (11) alterations or modifications to the Camera or to any component of the Camera such as to its wiring, unless previously approved by the Company in writing; or (12) improper installation or removal of the Camera by any party other than the Company or the Company’s agents.

This limited lifetime warranty does not cover interruption or permanent loss of use for any of the following reasons: (1) lack of geographic range of the Camera, (2) interruptions in use of the Camera due to disturbances or outages associated with weather or any satellite or cellular system or signal, (3) inadequate signal reception of any antenna, or (4) changes or upgrades in cellular data transmission or other data transmission technology for which the Camera is not reasonably capable of supporting or becomes obsolete.

In furtherance of shipping of the Camera or in furtherance of the Company’s repair or replacement of any Camera following any Claim, the Company is not responsible for, does not guaranty, and specifically disclaims, any duty or responsibility to restore any specific third-party software, personal information or memory data contained in, stored on, or integrated with the Camera or any wireless device, whether under warranty or not.

This limited lifetime warranty shall be null and void if the original customer of record or any other party owning, leasing or using the Camera caused to be voided the original manufacturer’s warranty at any time prior to the Extended Warranty Period.

In no event shall this limited lifetime warranty apply if no original manufacturer’s warranty was provided in connection with the original customer’s acquisition of the Camera.

The Company’s limited lifetime warranty is personal to the original customer of record for the Camera and is not transferable or assignable by the original customer of record absent the Company’s prior written consent, which consent may be withheld in the Company’s sole discretion.  The Company may assign its obligations herein to any successor in interest by purchase, merger or otherwise, or to any affiliate or subsidiary of the Company.

The original customer of record represents and warrants to the Company that the original customer of record represented at the time of purchase of the Camera that such purchase was solely for commercial purposes and not for any personal, family or household use.

The extent of the Company’s liability under this limited lifetime warranty is limited to the repair or replacement provided above.  In no event shall the Company’s liability for the Camera in connection with any Claim or combination of Claims submitted at any one time for a Camera exceed the aggregate amount of Four Hundred Dollars ($400.00) as to any Camera.  THE COMPANY SHALL NOT BE LIABLE TO THE ORIGINAL CUSTOMER OF RECORD OR TO ANY OTHER THIRD-PARTY FOR: CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES SUCH AS LOSS OF ACTUAL OR ANTICIPATED PROFITS OR LOSS OF ACTUAL OR ANTICIPATED REVENUES WHETHER OR NOT ARISING FROM OR RELATED TO LOSS OF USE OF USE OF THE CAMERA OR ANY DELAY IN REPAIRING OR REPLACING THE CAMERA; PERSONAL INJURY, INCLUDING DEATH CLAIMS; DIMINUTION IN VALUE TO THE CUSTOMER’S PERSONAL PROPERTY OTHER THAN THE CAMERA; LOSS OR INJURY TO ANY ACTUAL OR EXPECTED VALUE TO ANY BUSINESS ENTERPRISE OR GOODWILL; OR PUNITIVE DAMAGES. UNLESS EXPRESSLY STATED HEREIN, NO OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES, SHALL APPLY. Some state and federal laws may not allow disclaimers on implied warranties or exclusions of incidental and consequential damages, so these limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

The terms of this limited lifetime warranty are governed by the laws of the State of Texas, without regard to conflicts of laws principals which may provide the application of the law of another jurisdiction.  The state and federal courts serving Denton County, Texas, shall have the exclusive venue for any and all disputes arising from or related to the terms, provisions and applicability of this limited lifetime warranty.  Any party properly submitting a Claim must wait at least 45 days after such properly submitted claim before instituting a legal claim against the Company in a court of law or equity.

This limited lifetime warranty may not be modified or amended except in writing by the Company and the applicable original customer of record.  No third-party reseller or servicer is authorized by the Company to make any modifications or amendments to this limited lifetime warranty.

 

Vendor TERMS AND CONDITIONS

 

Definitions:  In addition to other terms and conditions which are defined elsewhere in this agreement (this “Agreement”), the following terms have the following meanings:

Customer” means the person or business purchasing the Services directly or through a Financing Source.

Camera” or “Cameras” means any and all dashboard cameras or other cameras and/or devices purchased by Customer from or after the date of this Agreement which can access the Services, together with any and all hardware or mountains associated with the Cameras.

Commencement Date” means the date upon which Customer and Company have executed or otherwise accepted this Agreement, which acceptance can be by electronic or digital means.

Company” means Verifleet, LLC, a Texas limited liability company, which is registered to do business under the trade name of DOT Dashcam, its successors and assigns.

Financing Source” means any third-party person or business entity, other than the Company, which provides financing for the Customer’s purchase of any of the Services or for any equipment or accessories thereto, inclusive of all financing fees, state sales and/or use taxes, assessments, activation fees, shipping charges and other costs, fees or charges for the Services.

GPS” means global positioning system.

GPS Services Provider” means any third-party person or business entity which provides internet or satellite connections and/or mapping features and/or other features for Customer in connection with Customer’s use of any or all of the Cameras.  Customer understands that Company is not a direct GPS Services Provider.

Services” means access of Cameras to mapping functions through internet or satellite connections, which involves the collection of data by the GPS Services Provider regarding Customer’s global positioning points, origination and destination points, routes, and other associated information.  Services also include customer support from Company.

Term” means the number of months or years for which Customer agrees to pay for the Services and for which Company agrees to provide the Services.

TERMS AND CONDITIONS OF THIS AGREEMENT

1.01     Services Subscription. Customer subscribes to pay for and receive the Services for the Term, unless properly terminated sooner in accordance with this Agreement. The Services will be provided in accordance with Company’s published specifications and the published specifications of the applicable GPS Service Provider. In conjunction with the Services, Customer has a non-exclusive, non-transferable license to use any software or applications integrated into or stored with the data included in the Services (the “Data”).

1.02     Scope. These terms and conditions govern your use of the Services. From time to time, you may choose to contract/subscribe for additional services. Future services will be governed by the terms and conditions of this Agreement, together with any supplemental terms provided at the time of subscription.

1.03     Data Retention. GPS Services Provider may in its discretion, but is not obligated to, retain any of the Data provided to Customer under this Agreement for a reasonable period of time after its delivery to Customer. Data storage by the GPS Services Provider is provided as a courtesy only and neither GPS Services Provider nor Company has any liability to Customer if such Data storage becomes lost, corrupted or is no longer accessible to Customer for any reason.  Customer is solely responsible for establishing an internal data retention policy for Data.

1.04     Term. The Term is specified in this Agreement. Unless Customer notifies Company at least 30 days prior to the expiration of the Term that Customer desires to terminate the Agreement, the Term will be automatically extended for an equal period of time as the original term of this Agreement and the same terms and conditions set forth in this Agreement shall continue to apply.

1.05     Monthly Fee. The Services shall be provided to Customer for a monthly fee over the Term (“Monthly Fee”). The Monthly Fee covers the Services only and does not include fees or costs due to any party other than Company.  It is agreed that Customer is solely responsible for all sales, use, or comparable taxes or assessments (but not for any State, federal or local income taxes of Company) associated with the Camera or the Services claimed due by any State, local or federal taxing authority.

1.06     Payment. Except with respect to Services that have been prepaid through a Financing Source, Company will automatically invoice Customer for recurring subscriptions for Services on the 1st of each month for the month in advance and charge the payment method on file with Company. To complete an auto draft Credit Card form please contact Customer Support at 844-468-2332. For information about paying with Credit Card or ACH please contact Customer Support at 844-468-2332.  Billing for the Monthly Fee begins the month the Camera is shipped. This is irrespective of the actual installation date of the applicable Camera. Company provides a two-week window from the time the Camera is shipped to provide ample time for installation of the Camera so a discount for Services is applied to your invoice for Services.  Shipping and handling charges will be invoiced separately to Customer.

If Customer places an order for Services through a Financing Source, Customer understands that Customer must directly pay to such Financing Source all obligations incurred by Customer to such Financing Source.  If Customer places an order for Services through a Financing Source, then after the earlier of (i) the date of installation of the Camera or (ii) 30 days from the date the Camera is shipped to Customer, it is understood by Customer that Company will not provide any refund to Customer (either directly to Customer or to the Financing Source) for payments or obligations of Customer to any Financing Source.

If Customer is more than 30 days late on payment of the full amount of any Monthly Fee, then Company reserves the right to restrict Customer’s access to Services.

1.07     Data Security Obligations. Data will be provided to Customer utilizing a secure website that is Chrome compatible (or compatible with a system generally used as a replacement for Chrome if Chrome is no longer available) with a unique login and password provided by Customer. Customer will control which of its independent contractors, employees and representatives can access Data.  Customer must notify Company in writing immediately of any unauthorized access to Data and request a change in password as needed. In no event is Company or GPS Services Provider responsible for unauthorized access to any Data for any period prior to Company’s actual receipt in writing of Customer’s request for a password change.

1.08     Customer Credits and Limitation of Liability. If Data is not available to Customer in accordance with published specifications, Customer may receive as a credit a pro rata portion of the Monthly Fee based upon each Camera affected for each day such Services were materially impaired. This remedy provided to Customer is the exclusive remedy of Customer. IN NO EVENT WILL COMPANY OR ANY GPS SERVICES PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR INDIRECT, NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA OR BUSINESS OPPORTUNITY OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CAMERAS, EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT.

1.09     Customer Interference. Company and GPS Services Provider each has the right to block Customer’s access to the Cameras, Data or the Services in the event Customer use interferes with the provision of services to other customers of Company, provided Company first uses reasonable efforts to provide advance notice of the nature of the interference and provides Customer an opportunity to cure within 10 days of such notice from Company.

1.10     Proprietary Information. Company and GPS Services Provider, and their respective successors and assigns, expressly reserve and retain all right, title and interest in and to its proprietary information and materials, including intellectual property rights not expressly granted to Customer in this Agreement.

1.11     Termination. A material breach of this Agreement will allow the non-breaching party to terminate this Agreement for cause upon notice to the other party after the expiration of the applicable cure period, if any. The following constitute material breaches of this Agreement: (i) Customer’s failure to pay any amounts due Company under this Agreement when due, provided that Company will provide Customer with written notice of such failure to timely make payment and grant Customer 10 days to provide a full cure of all delinquent payment obligations; (ii) Customer’s use of the Services in violation of any of the terms or conditions of this Agreement; (iii) Customer becomes insolvent, dissolves or is dissolved (if Customer is not an individual), assigns its assets for the benefit of creditors, or voluntarily or involuntarily enters into a bankruptcy or reorganization proceeding, or (iv) any material breach of any of the terms or conditions under this Agreement by either party other than those listed in (i), (ii) or (iii) above, provided that the non-breaching party will provide the breaching party with written notice of such breach or breaches and grant the breaching party 30 days to provide a full cure of all such breaches.

1.12     Early Termination Remedies. IN THE EVENT OF EARLY TERMINATION OF THIS AGREEMENT, WHETHER DURING THE INITIAL TERM OR A SUCCESSIVE TERM, FOR ANY REASON OTHER THAN AN UNCURED BREACH BY COMPANY, CUSTOMER WILL PROMPTLY PAY COMPANY, AS COMPENSATION FOR THE LOSS OF THE BARGAIN MADE IN THIS AGREEMENT, AND NOT AS A PENALTY, AN AMOUNT EQUAL TO THE AGGREGATE OF THE SERVICES OTHERWISE DUE FOR THE TERM OF THIS AGREEMENT (IN ADDITION TO OTHER AMOUNTS DUE UNDER THIS AGREEMENT), AND COMPANY MAY EXERCISE ANY OTHER RIGHT AT LAW OR IN EQUITY. CUSTOMER MUST REIMBURSE COMPANY FOR ALL COSTS INCURRED BY COMPANY IN ENFORCING COMPANY’S RIGHTS UNDER THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES UNDER THIS AGREEMENT ARE CUMULATIVE AND NOT EXCLUSIVE.

Except in the event of an uncured breach by Company of the terms of this Agreement, if Customer placed an order for Services through a Financing Source or otherwise financed equipment, fees or any other expenses relating to the Services, Cameras or any accessories thereto, it is understood by Customer that upon any early termination of this Agreement, Company will not provide any refund for the remainder of the Term directly to Customer or to any Financing Source regardless of whether the Financing Source has paid to Company an amount equal to the charges for the Services for the entirety of the Term.

1.13     Assignment of Contract. Customer may not assign this Agreement or sublet or grant any concession or license to use the Cameras or Services or any part of the Cameras or Services without Company’s prior written consent. Any assignment, subletting, concession, or license by Customer without the prior written consent of Company shall be void and, at Company’s option, result in termination of this Agreement. Company may assign this Agreement or any of its rights or obligations under this Agreement, effective upon notice being made in connection with any sale, transfer, or other disposition of all or substantially all its business or assets but only if the assignee assumes all of Company’s obligations to Customer under this Agreement.

1.14     Governing Law. Customer and Company agree that this Agreement has been made in Texas, that it shall be governed by and construed pursuant to the laws of the State of Texas, and that each of Customer and Company agree to solely submit to the jurisdiction of a Texas court of competent jurisdiction within or serving Denton County, Texas.

1.15     Severability and Waiver. If any provision of this Agreement is determined to be unenforceable, the enforceability of the remaining provisions will not be in any way affected or impaired. The waiver by any party of a breach of any of the provisions of this Agreement must be in writing to be effective and will not operate as a waiver of subsequent breaches.

1.16     Entire Agreement. This Agreement, together with any exhibits hereto, is the complete and exclusive statement of the mutual understanding of Customer and Company regarding the terms and conditions set forth in this Agreement. This Agreement supersedes and cancels all previous written and oral agreements and communications between Customer and Company regarding the Services. Any amendment of this Agreement must be in writing and signed by an authorized representative of both Customer and Company.

1.17     Force Majeure. Except with respect to deadlines for the payment of money which will not be extended by a force majeure event, neither Customer nor Company will be liable to the other for failure or delay in the performance of a required obligation if such failure or delay is caused by acts of nature, strikes, acts of terrorism, war, riot or other civil disturbances, compliance with governmental laws or orders (including the FCC), delay or performance failure of third parties (including suppliers including GPS Services Supplier), or other events which are beyond the reasonable control of such party, provided that such party gives prompt written notice of the condition and resumes its performance as soon as reasonably possible.

1.18     Notice. Notices between the parties must be in writing and are effective when sent to the receiving party’s address (sent by certified mail, return receipt requested) or e-mail address provided below, (with delivery confirmation). The address or e-mail address provided below may be changed by giving written notice.

DOT Dashcam

info@dotdashcam.com

NOTICE TO CUSTOMER OF PERSONAL INFORMATION PROTECTION ACT (PIPA)

According to the Personal Information Protection Act (PIPA) and other related regulations, the user/owner of a Camera may be held liable if the video and/or conversation recorded by the Camera is distributed without the consent of the person(s) filmed or recorded.

Thus, special attention should be paid by Customer to use of the Cameras. The SD memory card(s) should be tested by Customer for errors on a regular basis and as the memory card is a consumable item, it will need to be replaced periodically. Neither Company nor GPS Services Provider is responsible for any problems and/or damages that may occur from the use of disingenuous, modified, or unauthorized parts and accessories for any Camera. Use of the Camera does NOT guarantee video recording of all accidents as built-in impact sensors may not be activated due to combination of user settings and the level of impact during the collision.

Neither Company nor GPS Services Provider is responsible for Customer’s loss of any recorded video during operation. Although designed to withstand high impact of car collision, neither Company nor GPS Services Provider guarantees the recording of accidents by any Camera where the impact may cause the device to be damaged. Also, driving over speed bumps, manholes, or uneven roads at high speeds can also be detected as an impact and may trigger incident recording.

If using the Services with a cellular data plan or service subscription, the settings applied to any Camera WILL affect the amount of cellular data the Camera uses. A low G-Sensor setting may trigger more events, resulting in more cell data transmitted. Higher resolution and frame rate settings will result in larger video files, etc. If you have any questions or require more details about the device settings as it pertains to cellular data usage, please contact support.

Customer represents to Company that Customer has read and understands the terms and conditions of this Agreement and the Personal Information Protection Act.