Owner's Manual

LOJACK EARLY WARNING USER AGREEMENT, cont’d.
6. Limitation of Liability
6.1 Notwithstanding anything contained herein, nonperformance hereunder
by LoJack, or its suppliers, and dealers shall be excused if caused by act or
omission of a third party service provider, emergency services provider, equip-
ment failure, acts of God, strikes, equipment or facility shortage, any causes
beyond LoJack’s control.
6.2 LOJACK SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY
LOSS, COST, DAMAGE OR INJURY ARISING, DIRECTLY OR INDIRECTLY,
FROM ANY VIOLATION BY PURCHASER OF THE PROVISIONS OF THIS
AGREEMENT, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING,THE PROVISIONS OF SECTION 2.2.
6.3 In no event shall LoJack or its dealers or service providers be liable to Pur-
chaser, Purchaser’s employees or family members, or Purchaser’s purchasers
or guests or to any third party for any cost, delay or incidental, general or conse-
quential damages arising from (i) the provision or failure to provide the services
contemplated by this Agreement, (ii) Purchaser’s use of the LoJack hardware or
the service, or (iii) the installation, repair or maintenance of LoJack products or
systems by other than an authorized LoJack dealer or installer.
7. Vehicle Tracking and Privacy on Your LoJack With Early
Warning Feature
The Purchaser understands and agrees that in conjunction with employee
training, quality control and the provision of service LoJack may monitor
and/or electronically record conversations.The nature of the Early Warning
feature requires LoJack to retain contact information relating to the Purchaser.
The Purchaser consents to LoJack using Purchaser information to administer
the system and provide services, to offer new products or services and to
respond to regulatory and legal requirements including credit reporting and
fraud prevention. Purchaser consents to LoJack providing Purchaser informa-
tion and location to law enforcement and emergency services personnel or in
response to a subpoena or other such legal process. Purchaser accepts and
agrees to LoJack’s Privacy Policy as from time to time set forth on its website
(www.lojack.com). LoJack will use reasonable efforts to assure that Purchaser
information is used or disclosed only in accordance with its Privacy Policy,
however under no circumstances shall LoJack have any liability to Purchaser
for any claims, loss, damages or costs which may result from a lack of privacy
arising out of LoJack products or services.
8. Assignment
LoJack may assign in whole or in part, its right or duties under this Agree-
ment, without notice to Purchaser, and upon such assignment LoJack shall
be released from all liability hereunder. Purchaser may assign this Agreement
only upon the prior written consent of LoJack. Subject to this restriction, this
Agreement shall apply to, inure to the benefit of,and be binding upon the heirs,
successors, subcontractors and assignees of the respective parties.
9. Notices
Notices to Purchaser shall be deemed given if deposited in the U.S. mail ad-
dressed to the Purchaser’s last known address, or to sent to Purchaser’s last
known email address. Notice to LoJack shall be deemed given when received
by LoJack at the address shown in your LoJack Early Warning Owner’s
Manual.
10. Separability
Should any part or portion of this Agreement be found invalid, the balance of
the provisions shall remain unaffected and shall be enforceable.
11. Governing Law
The validity, interpretation, construction and performance of this Agreement
shall be governed by, and construed in accordance with, the laws of the Com-
monwealth of Massachusetts applicable to contracts made and performed
in such jurisdiction and, in any event, without giving effect to any choice or
conflict of laws provision or rule that would cause the application of domestic
substantive laws of any other jurisdiction, and by applicable federal law.
12. Integration
This Agreement represents the final and entire Agreement of LoJack Early
Warning and the Purchaser, and supersedes all prior or contemporaneous
agreements, representations or contracts, verbal or written, between the par-
ties hereto, and may be amended only by an agreement in writing signed by
both parties, or as otherwise provided herein.
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