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Hardware and Services Purchase Terms and Website Terms of Use

Thank you for using our services. Our Hardware and Service Purchase Terms and our Website Terms of Use govern your purchases and your continued use of our services. Please carefully read both items before continuing.

Purchase Terms

Last updated: August 20, 2020

These Purchase Terms (this “Agreement”) contain terms and conditions that govern your use of SareKon’s goods and services, and are in addition to any other agreement between SareKon and You, including, without limitation, website terms of use. By ordering or using SareKon’s goods or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not order or use SareKon goods and services. Product and plan brochures (“Product Brochures” and “Plan Brochures”, respectively) which further describe the goods and services offered, can be found at SareKon’s website at sarekon.com. In the event of conflict between the terms of this agreement and the terms of any other agreement between You and SareKon, the terms of this agreement shall prevail.

The following terminology applies to this Agreement: “You” and “Your” refers to you, the person accessing SareKon’s website or purchasing and/or using SareKon’s goods and services. “Hardware“ and “Device” refers to goods purchased by you from SareKon or from a SareKon authorized distributor (“Distributor”) of such goods. “Service” and “Services” include all intangible products supplied by SareKon or a distributor, including but, not limited to, communication services, website services, installation services, warranty services and maintenance services. “Service Plans“ refer to the contracts that delineate the benefits and limitations of a Service to be provided by SareKon or a Distributor, along with the frequency and amounts of payments to be made by You.

1. SHIPPING AND DELIVERY

(a) Listed shipping and handling charges apply only to normal ground delivery. If you require a different method of delivery that exceeds the costs associated with normal ground delivery, then SareKon will invoice You for additional charges. (b) All deliveries are FCA/FOB SareKon’s warehouse unless expressly agreed to in writing by an officer of SareKon. (c) Shipping or delivery dates are good-faith estimates only. SareKon reserves the right to make deliveries in installments and to bill separately for each such installment. Delivery delay or default on any installment shall not relieve You of Your obligation to accept and pay for remaining deliveries. (d) Claims for shipment shortage shall be deemed waived unless presented to SareKon in writing within fifteen (15) days of delivery of each shipment. IN NO EVENT SHALL SareKon BE LIABLE FOR INCREASED COSTS, LOSS OF PROFITS OR GOODWILL OR ANY OTHER, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES DUE TO LATE OR NON-DELIVERY.

2. HARDWARE INSTALLATION

(a) If Hardware installation is required, and then it must be installed by You, SareKon, or a SareKon authorized installer (“Installer”) in accordance with SareKon’s specifications. Unauthorized or improper installation voids SareKon’s limited warranty. (b) If installation is to be performed by SareKon or an Installer at a location other than a SareKon authorized service center, then You will (i) provide a location which is safe and presents no known hazards, (ii) ensure that all necessary utilities (including plumbing, lighting, air conditioning, heating, electrical power and access to phone lines) shall be accessible by You and provided to SareKon or Installer without charge, (iii) obtain at Your expense and keep in force during the period of installation a policy of general liability insurance covering any liability arising out of SareKon or Installer’s use or occupancy of the site, (iv) allow SareKon or installer, and each of their authorized agents and subcontractors full and free access to the site during business hours, and (v) not require that SareKon or installer waive any claim arising from its use of the site or impose any other restrictions as a requirement of access to the site. SareKon will attempt to honor any request for installation during non-business hours but may apply a surcharge for such installation. (c) You must provide SareKon or installer with applicable information regarding the installation location and/or vehicle for the Hardware. If this information changes, for example, if the Hardware is re-installed in a different location or vehicle, then you must provide SareKon or installer with the updated information.

3. SERVICES

In order to be fully functional, Your Hardware requires one or more Service Plans. Service Plans selected by You are described in the Product Brochure or Plan Brochure, including, without limitation, coverage area, limitations and proper use thereof: (a) If Hardware is properly installed, the website Service will enable You to view Your vehicle's data or other assets' information or send specific commands to the Hardware by logging into SareKon’s website at sarekon.com using a standard web browser. (b) Services are only provided for Your information and communication with Hardware which You purchased. The Services have no connection to any law enforcement agency. We have no responsibility for contacting or communicating with law enforcement agencies on Your behalf. If needed, You must contact the appropriate law enforcement agency yourself to obtain assistance. (c) You acknowledge that SareKon may, for its own internal test, data accumulation and control purposes and without charge to You, communicate with one or more of Your Hardware’s that use the Service. (d) Pricing of Service depends on the Service Plans selected by You, and Service Plans may impose their own additional terms and restrictions. Many Service Plans may have data or usage limits. Recurring charges that do not change based on usage are always billed in advance, at the beginning of each period. Installation fees, activation fees, termination fees, plan change fees, additional prepaid usage fees, and other one-time incremental fees are billed separately at the time they occur. (e) Initiation of any Services under this Agreement will commence as of the first day SareKon receives confirmation of Your agreement to this Agreement and any other terms we may require You enter into to use Hardware and Services and Your initial payment. Some Services may require Hardware installation and/or activation to be fully functional, in such case Hardware must be installed and/or activated in accordance with this Agreement. (f) Billing for the first period may, at SareKon’s discretion, be prorated based on the number of days the Service is provided in the first period, or the cycle renewal date may be selected to provide a full period of Service. Unused prepaid service time and unused prepaid or unused included usage is not transferable to other Hardware, does not rollover, and will not be available past the specified expiration period in the Service Plan. Likewise, it will not be credited for Your account if You terminate the Service during the billing period. (g) Some Service Plans (such as postpaid plans) may invoice automatically in arrears for usage above a limit, while others (such as prepaid plans) may prevent, reduce or suspend Your access and/or Your Hardware or Service functionality once a limit is reached. YOU AGREE TO PAY ALL CHARGES THAT ARE INCURRED DUE TO USAGE BEYOND THE ESTABLISHED LIMIT. SareKon IS NOT RESPONSIBLE FOR ANY LOSS OF DATA THAT OCCURS IF ACCESS OR SERVICE IS SUSPENDED BECAUSE SERVICE PLAN USAGE LIMITS ARE EXCEEDED. (h) You will select initial Service Plans at the time of Hardware purchase but may change your Service Plan at a later date. Service Plans, as set forth in this Agreement, and the availability of specific Service Plans for selection at a later date, may change. This includes revisions to (i) recurring rates, (ii) usage allowed or assigned to each Hardware, (iii) charges for exceeding usage limits, and (iv) the features or benefits available under the plan. Changes are subject to limitations in the terms and conditions of a Service Plan in effect at the time of selection.

4. PAYMENT

(a) You shall pay SareKon in accordance with the terms stated in this Agreement, at such place or in such manner as SareKon designates on its bill. Except for the amount of tax, if any, included in this Agreement, the prices set forth herein and in the Product Brochure or Plan Brochure, as applicable, and are exclusive of any amount for federal, state, local or foreign excise, sales, use, property, retailer’s occupation or similar taxes, or any duties, customs or similar charges. (b) Accounts delinquent in excess of fifteen (15) days from the due date shall be subject to a late fee and interest at the rate of 1% per month (or the highest rate permitted by law, if such rate exceeds the highest rate permitted by law). (c) SareKon MAY SUSPEND OR TERMINATE THE SERVICES, INCLUDING DISABLING YOUR ACCESS TO THE SERVICES, AND MAINTENANCE IF ANY CHARGES PAYABLE HEREUNDER ARE DELINQUENT IN EXCESS OF THIRTY (30) DAYS FROM THE DUE DATE OR YOU ARE OTHERWISE IN DEFAULT UNDER THIS AGREEMENT. You agree to reimburse SareKon for all costs of collection or enforcement of this Agreement, whether or not suit is filed, including, but not limited to, reasonable attorneys’ fees, incurred by SareKon.

5. OBD-II

If Your Hardware or Service contains an On-Board Diagnostic II ('OBD-II”), or on-board diagnostic system, component, then it is subject to these terms and conditions: (a) You acknowledge that the Hardware or Service is based upon OBD-II protocols which are generally present in vehicles sold in the United States for model years 1996 and later. However, implementation of certain features and functionality within these protocols, and on which the service depends, were introduced in later years and at different times by various manufacturers. If your vehicle does not support a feature or functionality that is utilized as part of the Service, then the corresponding feature or functionality of Service will not be available to You. (b) You acknowledge that the Hardware interaction with OBD-II portion of the vehicle is intended for a specific, limited use, and that it does not forward all information provided by the vehicle or capable of being retrieved using other electronic devices or means.

6. CELLULAR

If Your Hardware or Service contains a cellular component, then it is subject to these terms and conditions: (a) You acknowledge that the Services are based upon the wireless service furnished to SareKon by cellular providers (“Cellular Providers”) utilizing cellular telephone service furnished to Cellular Provider by one or more participating wireless service carriers (“Participating Carriers”) pursuant to agreements between Cellular Provider and such Participating Carriers and subject to terms, conditions and limitations therein set forth. YOU FURTHER ACKNOWLEDGE THAT PARTICIPATING CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF YOUR USE OF THE SERVICES, AND YOU AGREE THAT YOU SHALL HAVE NO CLAIMS AGAINST PARTICIPATING CARRIERS OF ANY KIND WITH RESPECT THERETO. (b) You also acknowledge that complete coverage of any area within the Coverage Map (as defined in the Product Brochure) at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the Services at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the Services. The Coverage Map describes general parameters of expected coverage and is not a guarantee of coverage. (c) You have no contractual relationship with any Participating Carrier and You are not a third-party beneficiary of any agreement between SareKon, Cellular Provider and/or any Participating Carrier. You acknowledge and agree that the Participating Carrier shall have no legal, equitable or other liability of any kind to the You. Subject to Federal Communications Commission local number portability rules, You have no property right in any number assigned to You in connection with Your use of the Services and You acknowledge that any such number can be changed from time to time. You acknowledge that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities. You further agree that neither SareKon nor the Participating Carrier shall be responsible for such interruptions of Service or the inability to use the Service outside of the Coverage Map. You acknowledge that neither SareKon nor the Participating Carrier guarantees the security of wireless transmissions and neither SareKon nor the Participating Carrier will be liable for any lack of security relating to the use of the Service. You expressly acknowledge and agree that the liability and obligations of Participating Carrier to You under the Your agreement for services with any Cellular Provider or Participating Carrier are strictly controlled and limited by the Participating Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Your exclusive remedy and the total liability of Cellular Provider and/or any supplier of services to Cellular Provider arising in any way in connection with the You agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by Cellular Provider of damages in an amount equal to the amount charged to You for Service provided under this You agreement. In no event shall Provider and/or the underlying wireless service carrier be liable for any cost, delay, failure or disruption of Service, lost profits, or incidental, special, punitive or consequential damages. (d) In no event shall SareKon and/or the Participating Carrier be liable for the failure or incompatibility of any equipment utilized by You in connection with the Service, other than equipment provided by SareKon or expressly authorized by SareKon hereunder. You shall use all equipment at Your own risk. You shall indemnify, defend and hold SareKon, the Participating Carrier and the respective officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement; the provision or use of the Services; or the use, failure to use or inability to use any number. This provision shall survive the termination of this Agreement. You acknowledge that this Agreement is assignable by SareKon without your consent. In addition, Your Service may be temporarily suspended or permanently terminated with or without notice in the event that SareKon’s agreement with the Participating Carrier is terminated. You waive any and all claims against SareKon and the Participating Carrier for such suspension or termination.

7. WARRANTY AND MAINTENANCE

(a) SareKon warrants the Hardware (“Hardware Warranty”) against defects in materials and workmanship for a period of one (1) year from the date of sale. If Hardware is found to be defective in materials or workmanship during the limited warranty period, SareKon will repair or replace the Hardware at its discretion and at its expense. (b) Under the provisions of certain Service Plans, You will receive maintenance services pursuant to which SareKon will repair or replace (at SareKon’s option) any verified failed Hardware electronic component. (c) SareKon warrants that it will provide all Services in accordance with the applicable Plans and Product Brochures but does not warrant complete coverage or that the Services will be uninterrupted or error-free. (d) If SareKon or an Installer performs the installation, then SareKon warrants the installation against defects in workmanship for a period of ninety (90) days. If the installation is defective as verified by SareKon, SareKon or an Installer will re-perform the installation at no expense to You. (e) Your sole remedy for breach of any warranty is the right to repair or replacement of the defective Hardware and the right to receive a credit or refund (at SareKon’s discretion) on Services not provided for reasons within SareKon’s control. No allowance will be given for any single failure or delay that does not exceed forty-eight hours. (f) To obtain warranty or maintenance service, You must contact the local SareKon office. SareKon may instruct You to obtain a Returned Merchandise Authorization (“RMA”), adequately package the products, ship the products to the address provided by SareKon, and mark the RMA number prominently on the outside of the carton. Products received without an RMA number will be returned freight collect. SareKon will return the repaired products prepaid and fully insured. Alternatively, at SareKon’s option, SareKon may remove and re-install the products. (g) SareKon is not obligated to provide the limited warranties or maintenance services if there has been any unauthorized alteration, modifications, or repair of the Hardware, if there is use with the Hardware of accessories or devices not approved as compatible by SareKon, or in the case of accidents, misuse, abuse, neglect, damage, tampering, improper installation, improper maintenance, unauthorized use, connection to an improper voltage supply, reception problems caused by an inadequate signal level in the operating area, damage due to exposure to the elements, failure to install or use the Hardware in accordance with instruction manuals, or acts of God. The limited warranties and maintenance services do not cover accessories, batteries, casings, coverings and other non-electrical components. (h) The limited warranties are in lieu of all other warranties, express or implied. All other express or implied warranties, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose are expressly excluded, except where prohibited by law and, where prohibited, any such warranty shall be limited to the minimum warranty and period required by law. NO EMPLOYEE OR AGENT OF SareKon HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO YOU, WRITTEN OR ORAL.

8. LIABILITY: INDEMNIFICATION

(a) IN NO EVENT SHALL SareKon’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE OR THE SERVICES IN QUESTION. Regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Your exclusive remedy and the total liability of SareKon and/or any supplier of services to SareKon arising in any way in connection with this Agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment of damages in an amount equal to the amount charged to You for the Hardware and Service in question provided under this Agreement. (b) SareKon SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ANY INTERRUPTION OF THE SERVICES, REGARDLESS OF CAUSE. (c) SareKon shall not be liable to you or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of or damage to your vehicles or loss of profits, revenues or data, even if SareKon has been advised of the possibility of such damages. (d) No action shall be brought for any breach of this agreement more than one year after accrual of such cause of action except for money due on an open account. Certain of the above limitations may not apply in some states and, in such cases; such limitations will be enforced to the fullest extent permitted by law. (e) In no event shall SareKon be liable for the failure or incompatibility of any equipment utilized by You in connection with the Service, other than equipment provided by SareKon or expressly authorized by SareKon hereunder. You use all such equipment at Your own risk. (f) You shall indemnify, defend and hold SareKon and its officers, employees and agents harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs) arising out of, in connection with, or related to Your violation of this Agreement or Your use of the Hardware or Service, including, without limitation, for any personal injury or death arising in any way, directly or indirectly, in connection with this Agreement, the provision or use of the Services or Hardware, or Your failure or inability to use the Services or Hardware. (g) SareKon shall have no liability for a failure to provide, or for delay in providing, Hardware, Service, or maintenance due directly or indirectly to causes beyond the control of SareKon or its subcontractors. If SareKon is unable to wholly or partially perform Services because of any cause beyond its control, SareKon may terminate this Agreement without any liability to You, other than refund of any amounts paid for the undelivered Hardware or Services. (h) This Section 7 shall survive the termination of this Agreement.

9. GENERAL

(a) You represent that the information contained on the front of this Agreement provided to SareKon by You is complete and accurate. You will immediately notify SareKon in writing if there are any changes in the information contained on the front of this Agreement. (b) You hereby grant to SareKon a purchase money security interest in the Hardware under this agreement to secure payment in full of amounts due hereunder, and You will, upon SareKon’s request, sign a UCC-1 Financing Statement and any other documents needed to perfect SareKon’s security interest therein. (c) The Services are solely for the purpose of Your personal use and may not be resold or otherwise offered to or used by third parties unless You have entered into a SareKon Distributor Agreement. (d) You are responsible for Your use of the Hardware and Service, including any additional options selected. You agree to comply with all applicable laws, ordinances, rules and regulations of the federal, state, local or foreign government and any agency or public authority thereof, and to hold SareKon harmless from liability or loss by reason of any asserted or established violation of said laws, rules, or regulations by You, Your employees, agents or representatives. (e) No amendment or modification hereof shall be binding upon SareKon unless such amendment or modification is in writing signed by an authorized officer of SareKon. If any term herein is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid, but the remainder of these Terms and this Agreement shall not be invalidated and shall be given effect so far as possible. Any waiver of any right in or breach of, this Agreement shall not be a continuing waiver and shall not prevent any claim of breach of the same term or any other term of this Agreement. (f) Neither this Agreement nor any of Your rights or obligations hereunder may be assigned by You without SareKon’s prior written consent. However, SareKon shall have the right to assign any of its rights and obligations hereunder to any person or entity without your consent. Subject to the foregoing limits on assignment and delegation, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, and assigns. (g) This Agreement does not create, and shall not be construed as creating, any rights or claims enforceable by any person or entity not a party to this Agreement. (h) This Agreement shall be interpreted under the laws of the State of Delaware. Each party irrevocably (i) consents to the exclusive jurisdiction of the courts of the State of Delaware and of the United States for any action or proceeding relating to this Agreement, the breach hereof, or the transactions contemplated hereby, and (ii) consents to the exclusive venue of such action in the County of New Castle, Delaware.

10. ACCEPTANCE, CANCELLATION, AND TERMINATION

(a) This Agreement and the relevant product and plan brochures available at SareKon’s website at sarekon.com, copies of which have been provided to You, constitute the entire agreement and understanding of the parties and supersede all proposals, oral or written, and all other communications between the parties relating to hardware, services, installation and maintenance purchased under this Agreement. SareKon IS NOT BOUND BY DIFFERENT TERMS AND CONDITIONS IN YOUR PURCHASE ORDER OR ELSEWHERE UNLESS EXPRESSLY AGREED TO IN WRITING BY AN OFFICER OF SareKon. (b) You may cancel this Agreement by written notice to SareKon within fifteen (15) days of the date of your acceptance of this Agreement. Upon Your cancellation within such 15-day period. You shall immediately cease your use of the Hardware and Services, and return all Hardware to SareKon. If Your cancellation is for any reason other than as a result of SareKon's material default of the terms of this Agreement, you shall pay SareKon a restocking charge of 20% of the total price and fees for all Hardware items purchased by you. (c) This Agreement shall remain in full force and effect for a period of one (1) year from the date this Agreement is accepted by you and shall extend for additional periods of one year upon notice by You of your continued use of the Hardware or Services, which notice may be provided by your renewal of any Service plan; provided, however, that either SareKon or You may terminate this Agreement upon not less than thirty (30) days’ notice prior to renewal of the term then in effect. (d) SareKon may terminate this Agreement immediately without liability if the authorizations held by SareKon necessary to provide Hardware and/or Service hereunder are revoked by the Federal Communications Commission.

Terms of Use

Last updated: August 20, 2020

Thank you for your visiting our site. These Terms of Use (this “Agreement”) apply to the website located at sarekon.com and all associated services (collectively, the “Site”). These Terms of Use (this “Agreement”) are entered into by and between you and any person on your behalf which uses the Site (“User” or “you”) and sarekon.com the owner of this website (“Site Owner”). This Agreement governs your access to and use of the Site, including any content, functionality, services or other information offered on or through the Site (collectively, the “Services”). You may only use the Site pursuant to this Agreement.

Please read this Agreement carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site. By using this Site, you agree to comply with all applicable laws and regulations in your use of the Services. In the event of a conflict between the terms of this Agreement and the terms of any other agreement between Site Owner and you, whether now in existence or hereinafter created, the terms of that agreement shall prevail.

Site Owner may modify this Agreement or its other policies from time to time in our sole discretion. All changes are effective forty-eight (48) hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although Site Owner may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.

I. LICENSE TO USE THE SITE

Subject to the terms and conditions of this Agreement, Site Owner hereby grants to you a non-exclusive, royalty-free, revocable limited license to access and use the Services for personal or commercial use. You may relicense, sublicense, distribute, assign or transfer such rights subject to the terms and conditions set forth herein, but may not do so for a commercial purpose outside of your normal operations. Subject to the foregoing, you shall not (a) copy or duplicate, in whole or in substantial part, the Services; (b) reproduce (except as expressly permitted by “fair use” principals of applicable copyright law) or publish any Content (as defined below) without the express permission of Site Owner, included as provided herein; © reverse engineer, decompile or modify any Service, in whole or in part; (d) use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services or any other products or services provided by Site Owner and its affiliates; or (e) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site. Site Owner may update, modify, or replace the Services (including the Content therein) from time to time.  Site Owner reserves the right to discontinue offering access to the Services or any Content therein. Site Owner will use commercially reasonable efforts to provide advance notice of any such discontinuation.

II. ELIGIBILITY; ACCOUNT REGISTRATION

In order to access certain features of the Site and utilize the Services, you may be asked to create a user account with Site Owner (“User Account”). If you register for a User Account, you may be asked to provide your name, business name, phone number, email address, billing address, shipping address and a username and password. You may also be asked to complete a subscription agreement to use certain Services depending on the nature of our business relationship with you. You agree that the information you provide Site Owner will be true, accurate, current and complete. By using the Site you consent to the use of: (i) electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement; and (ii) electronic records to store information related to this Agreement or your use of the Site.

III. PAYMENT OF FEES

If you use a Service on the Site that requires payment of a fee, you agree to pay all fees associated with such Service. Fees may be collected by us or by our service provider on our behalf, and you may be asked to provide credit card information. For all Services, you agree to provide us with accurate and complete billing information and to notify us of any changes to such information. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree to pay the amount due by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

IV. SITE USAGE; ACCOUNT SECURITY

We offer the information, tools and resources on the Site to provide you with information about our Services. We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or part of the Site is unavailable at any time or for any period.

If you have a User Account, you agree not to disclose your User Account details, including your username and password, to anyone else and you will be solely responsible for any activities or actions taken under your User Account, whether or not authorized by you. Please notify Site Owner immediately of any unauthorized use of your User Account. Site Owner is not liable for any loss or damage from your failure to comply with these requirements.

V. PROPRIETARY RIGHTS

All information, graphics, photographs, videos, format, design, the user interface and other functionality (including but not limited to all software, text, displays, images, and the design, selection and arrangement thereof) (collectively, “Content”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and other intellectual property or proprietary rights laws. You may not use, copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in whole or in part without our prior written permission. Any breach of this Agreement shall immediately terminate the license and rights granted by Site Owner hereunder, and may subject you to civil and/or criminal prosecution.

Unless otherwise noted, by using a third party's trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.

VI. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site;
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or otherwise interfere with the proper working of the Site.

We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.

VII. CHANGES TO THE SITE; SITE AVAILABILITY

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based Services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current Services on the Site shall also be subject to this Agreement. You understand and agree that temporary interruptions of the Services available through the Site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

VIII. USER CONTENT

Subject to our Privacy Policy, any communication or material that you transmit to the Site, to us, or post about us on a publicly available website, whether by electronic mail or other means, for any reason (“User Content”), will be treated as non-confidential and non-proprietary (excluding your personal data provided for the purpose of enrollment). By posting or submitting any User Content, you represent and warrant that you are the original author, owner or licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content.  You hereby grant to Site Owner a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use, copy, modify, create derivative works of, delete, transmit, publish, display, perform, translate, sell, distribute, modify, and incorporate such User Content into any form or medium now known or hereinafter invented, without compensation to you.  You also warrant that all moral rights and/or publicity rights that may have been in such User Content are voluntarily waived by you.  No User Content will be subject to any obligation of confidence on the part of Site Owner, its affiliates, or their respective employees, officers, directors and agents.

We do not prescreen User Content. Site Owner, in its sole discretion, shall have the right to edit, refuse, remove or move any User Content from the Site. When you access or view User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any User Content posted by Users on online chats or bulletin boards which we may include on the Site. You acknowledge that we may establish general practices and limits concerning use of the Services available on our Site, including without limitation the maximum number of days that uploaded User Content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on or through this Site.

IX. THIRD-PARTY MATERIALS

Links to third-party websites through the Site, if any, are provided solely as a convenience to you. Site Owner is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and Site Owner makes no warranty as to the accuracy of any such information. Site Owner has not reviewed any third-party websites accessible through such links and does not control and is not responsible for any third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof.  Site Owner does not endorse or make any representations about third-party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.  If you access any third-party websites linked to the Site, you do so entirely at your own risk.  You acknowledge and agree that Site Owner is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third-party websites or links to third-party websites.

X. INFORMATION ABOUT YOU AND YOUR SITE USAGE

In order to provide a relevant user experience, Site Owner collects and uses personal information from you when you use the Site. Please see Site Owner’s Privacy Policy, located here, for more information and details. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

XI. ELECTRONIC COMMUNICATIONS

You understand and agree that this Agreement will be entered into electronically, and that the following information will be provided by us to you by electronic means: this Agreement and any amendments, modifications, or supplements to it; any initial, periodic, or other disclosures or notices provided in connection with the Products; all regulatory disclosures; and all communications related to the Site. You expressly consent to receive all communications electronically, either by e-mail, text message, or by notices posted to the Site, and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. In order to ensure your continuing access to the Site, you agree to keep your personal information that you provide to us, including your contact information, up to date.

XII. DISCLAIMER OF WARRANTIES AND ACCURACY OF INFORMATION POSTED

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE BASIS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER SITE OWNER NOR ANY AFFILIATE, LICENSOR OR PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. SITE OWNER AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIII. LIMITATION OF LIABILITY

IN NO EVENT WILL SITE OWNER, ITS AFFILIATES AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT OR SERVICES ON THE SITE, OR ANY USE OR RELIANCE UPON INFORMATION FURNISHED ON THE SITE OR PROVIDED BY US, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHILE YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, IF SITE OWNER SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SITE OWNER'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE FEE OF THE LESSER OF A ONE-MONTH SUBSCRIPTION FEE OR ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, SITE OWNER AND ITS LICENSORS WOULD NOT PROVIDE THE WEBSITE OR THE CONTENT ACCESSIBLE THEREIN.

XIV. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliates and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against all liabilities, claims, damages, judgments, awards, losses, fees, costs and expenses, including reasonable attorneys’ fees and costs that arise out of or relate to your violation of this Agreement or use of the Site, including but not limited to your use of the Content and Services other than as expressly authorized in this Agreement, or your use of any information obtained from the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses

XV. GOVERNING LAW; BINDING ARBITRATION

Any dispute or claim raised by you or us against the other arising from this Agreement or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought, shall be subject to mandatory, binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law, without giving effect to the principles of conflict of law thereof. This arbitration obligation extends to claims you may assert against our affiliates, successors, assigns, employees, and agents. The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. Notwithstanding the foregoing, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in Delaware.

XVI. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. XVII. INTERNATIONAL USE Although the Site may be accessible worldwide, we make no representation that Content is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so of their own initiative and are responsible for compliance with local laws. Any offer for any product, Service, and/or information made in connection with the Site is void where prohibited.

XVIII. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

XIX. ENTIRE AGREEMENT

The Agreement and any policies posted on the Site constitutes the sole and entire agreement between you and us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Content on the Site may be from third parties not within Site Owner’s control. Site Owner is under no obligation, and does not undertake, to scan Content used in connection with the Site for the inclusion of illegal or impermissible content. However, Site Owner respects the copyright interests of others and, as a policy, does not knowingly permit Content that infringes another party’s copyright. If you believe any Content on the Site infringe a copyright, please contact us.

XXI. CONTACT US

To contact Site Owner about this Agreement or to provide any other notice, notices must be sent to SareKon, Attn: sarekon.com legal dept., 280 E. 1st Ave #60 Broomfield, CO 80038. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site.

Legal Documents

Privacy Policy

Last updated: August 20, 2020

Thank you for visiting our site. SareKon (“SareKon” or “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes the types of information we may collect from users (“User” or “you”) of our website located at sarekon.com and all associated services (collectively, the “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Policy applies to information we collect on the Site and in e-mail, text and other electronic messages between you and the Site. It does not apply to information collected by us offline or through any other means, or information collected by any third party, including any application or content (including advertising) that may link to or be accessible from the Site. Please read this Privacy Policy carefully to understand our practices and policies regarding your information and how we will treat it. If you do not agree with our practices and policies, your choices is not to use the Site. By accessing or using the Site, you agree to this Privacy Policy.

We will update this Privacy Policy from time to time to reflect changes in applicable law, our privacy practices, or our Services. All changes are effective 48 hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although SareKon may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.

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Purchase Terms

Last updated: August 20, 2020

These Purchase Terms (this “Agreement”) contain terms and conditions that govern your use of SareKon’s goods and services, and are in addition to any other agreement between SareKon and You, including, without limitation, website terms of use. By ordering or using SareKon’s goods or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not order or use SareKon goods and services. Product and plan brochures (“Product Brochures” and “Plan Brochures”, respectively) which further describe the goods and services offered, can be found at SareKon’s website at sarekon.com. In the event of conflict between the terms of this agreement and the terms of any other agreement between You and SareKon, the terms of this agreement shall prevail.

The following terminology applies to this Agreement: “You” and “Your” refers to you, the person accessing SareKon’s website or purchasing and/or using SareKon’s goods and services. “Hardware“ and “Device” refers to goods purchased by you from SareKon or from a SareKon authorized distributor (“Distributor”) of such goods. “Service” and “Services” include all intangible products supplied by SareKon or a distributor, including but, not limited to, communication services, website services, installation services, warranty services and maintenance services. “Service Plans“ refer to the contracts that delineate the benefits and limitations of a Service to be provided by SareKon or a Distributor, along with the frequency and amounts of payments to be made by You.

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Terms of Use

Last updated: August 20, 2020

Thank you for your visiting our site. These Terms of Use (this “Agreement”) apply to the website located at sarekon.com and all associated services (collectively, the “Site”). These Terms of Use (this “Agreement”) are entered into by and between you and any person on your behalf which uses the Site (“User” or “you”) and sarekon.com the owner of this website (“Site Owner”). This Agreement governs your access to and use of the Site, including any content, functionality, services or other information offered on or through the Site (collectively, the “Services”). You may only use the Site pursuant to this Agreement.

Please read this Agreement carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site. By using this Site, you agree to comply with all applicable laws and regulations in your use of the Services. In the event of a conflict between the terms of this Agreement and the terms of any other agreement between Site Owner and you, whether now in existence or hereinafter created, the terms of that agreement shall prevail.

Site Owner may modify this Agreement or its other policies from time to time in our sole discretion. All changes are effective forty-eight (48) hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although Site Owner may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.

→ Read more...

Privacy Policy

Last updated: August 20, 2020

Thank you for visiting our site. SareKon (“SareKon” or “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes the types of information we may collect from users (“User” or “you”) of our website located at sarekon.com and all associated services (collectively, the “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This Privacy Policy applies to information we collect on the Site and in e-mail, text and other electronic messages between you and the Site. It does not apply to information collected by us offline or through any other means, or information collected by any third party, including any application or content (including advertising) that may link to or be accessible from the Site. Please read this Privacy Policy carefully to understand our practices and policies regarding your information and how we will treat it. If you do not agree with our practices and policies, your choices is not to use the Site. By accessing or using the Site, you agree to this Privacy Policy.

We will update this Privacy Policy from time to time to reflect changes in applicable law, our privacy practices, or our Services. All changes are effective 48 hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although SareKon may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.

→ Read more...

Purchase Terms

Last updated: August 20, 2020

These Purchase Terms (this “Agreement”) contain terms and conditions that govern your use of SareKon’s goods and services, and are in addition to any other agreement between SareKon and You, including, without limitation, website terms of use. By ordering or using SareKon’s goods or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not order or use SareKon goods and services. Product and plan brochures (“Product Brochures” and “Plan Brochures”, respectively) which further describe the goods and services offered, can be found at SareKon’s website at sarekon.com. In the event of conflict between the terms of this agreement and the terms of any other agreement between You and SareKon, the terms of this agreement shall prevail.

The following terminology applies to this Agreement: “You” and “Your” refers to you, the person accessing SareKon’s website or purchasing and/or using SareKon’s goods and services. “Hardware“ and “Device” refers to goods purchased by you from SareKon or from a SareKon authorized distributor (“Distributor”) of such goods. “Service” and “Services” include all intangible products supplied by SareKon or a distributor, including but, not limited to, communication services, website services, installation services, warranty services and maintenance services. “Service Plans“ refer to the contracts that delineate the benefits and limitations of a Service to be provided by SareKon or a Distributor, along with the frequency and amounts of payments to be made by You.

→ Read more...

Terms of Use

Last updated: August 20, 2020

Thank you for your visiting our site. These Terms of Use (this “Agreement”) apply to the website located at sarekon.com and all associated services (collectively, the “Site”). These Terms of Use (this “Agreement”) are entered into by and between you and any person on your behalf which uses the Site (“User” or “you”) and sarekon.com the owner of this website (“Site Owner”). This Agreement governs your access to and use of the Site, including any content, functionality, services or other information offered on or through the Site (collectively, the “Services”). You may only use the Site pursuant to this Agreement.

Please read this Agreement carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site. By using this Site, you agree to comply with all applicable laws and regulations in your use of the Services. In the event of a conflict between the terms of this Agreement and the terms of any other agreement between Site Owner and you, whether now in existence or hereinafter created, the terms of that agreement shall prevail.

Site Owner may modify this Agreement or its other policies from time to time in our sole discretion. All changes are effective forty-eight (48) hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although Site Owner may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.

→ Read more...