General Terms and Conditions for Use
Notice to User: Please read THESE TERMS AND CONDITIONS carefully. by accessing,
browsing and/or using THE Web Site YOU ARE CURRENTLY VIEWING (the "Site"), you acknowledge
that you have read, understand and agree to be bound by these terms and conditions
and to comply with all applicable laws and regulations. if you do not agree to these
terms and conditions, do not subscribe to or attempt to use the services provided
by ACR Electronics, Inc. (the "Company" OR "acr"). these terms and conditions include
the privacy statement for THE SITE, which is incorporated into these terms and conditions
by reference. by accessing this site or becoming a subscriber FOR SERVICES (AS DEFINED
BELOW), you consent to have these terms and conditions and the privacy statement
provided to you in electronic form.
AMENDMENTS TO TERMS AND CONDITIONS OR PRICING
ACR may change these Terms and Conditions or the pricing relating to your subscription
at any time. When ACR makes changes to the Terms and Conditions, ACR will give notice
to you by posting the revised Terms and Conditions on the Site. When ACR changes
the pricing with respect to your subscription, it will do so by posting revised
prices on the Site. Pricing changes will be effective immediately, unless otherwise
specified. You accept responsibility for being fully informed of the changing content
on the Site. If ACR makes changes that are not acceptable to you, you may terminate
the Agreement without charge by giving written notice of termination to ACR within
30 days after the date the unacceptable change was posted on the Site. If you do
not give written notice within 30 days, you accept the change effective on the date
of its posting. Notwithstanding anything to the contrary contained herein, if you
and ACR agree in writing to modify any subject addressed by these Terms and Conditions,
such agreement shall supersede these Terms and Conditions.
Correcting and Updating
ACR may need to contact you directly so as to provide you with information relating
to the Services. ACR offers users the ability to change certain personal identifiable
information collected during the sign up process. You are solely responsible for
keeping such information up to date.
Notwithstanding anything to the contrary contained herein, ACR reserves the right,
in its sole discretion, to terminate your access to the Site and the related Services
or any portion thereof at any time, for any reason and without notice.
Purchasing a subscription for services relating to your 406 MHz beacon on this site
is strictly voluntary, and is not a substitute for registering your 406 MHz beacon
with your proper national authority. Registering your beacon is mandatory. In the
United States, failure to register, re-register, or to notify NOAA (U.S.A. national
authority) of a change in the status for a USA coded 406 MHz beacon could result
in penalties and/or fines being issued to the owner by the federal government. You
can find further information regarding the registration process, including where
to register your 406 MHz beacon, at
Outside the United States, you MUST register your non-USA coded 406 MHz beacon with
the appropriate national authority. If purchased outside the United States, your
beacon was most likely properly coded with the country code of your primary residence
and registered with the appropriate national authority by your local dealer. Your
local dealer can advise you on this if you have questions, or you may contact ACR's
Customer Service Department at +1-954-981-3333, ext. 2111 or 1-800-432-0227, ext.
Notwithstanding anything to the contrary contained herein, ACR shall not be liable
in any respect in the event you fail to properly register your beacon with any entity
If you do not subscribe to the services offered on the Site (the "Services") for
a specific period of time, you agree to subscribe for the Services for a term of
12 months starting on the date of subscription.
All subscriptions for Services shall be prepaid in full by credit card. Your subscription
will automatically renew at the end of the applicable term for a new term that is
the same as the initial one and your credit card shall be charged the applicable
price unless you cancel by notifying ACR no later than 30 days after such automatic
renewal. When required by law, ACR will provide you with advance notice of the renewal
of your subscription.
Prepayments are non-refundable unless ACR elects, in its discretion, to discontinue
providing the Services, in which event you will receive a pro rata refund for the
unused portion of your subscription, which refund will be your sole remedy.
Should you be utilizing a promotion code, you agree to the terms of the promotion,
including any time limitations. You agree to provide your valid credit card information
for any additional service beyond the promotional period.
By authorizing ACR to debit your credit card, you represent that you are the authorized
owner or user of your credit card and that you are a responsible party for that
SMS TEXT RATES
In the United States and Canada, standard SMS text rates apply. For areas outside
of the United States and Canada, ACR may not offer SMS text messaging to a cellular
phone at the standard fee. [SHOULD THIS PROVISION STATE THAT THE CELLULAR PHONE
PROVIDER (NOT ACR) MAY NOT OFFER SMS TEXT MESSAGING AT STANDARD RATES OUTSIDE THE
U.S.?] ACR or its partners [WHAT DO YOU MEAN BY PARTNERS?] may be able to provide
SMS text outside of the United States or Canada, but this service will be in addition
to the standard fees charged for subscription.
LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites (collectively, "Linked Sites"). The
Linked Sites are not under the control of ACR and ACR is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. ACR is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by ACR of the site or any association with its operators.
USE OF SITE; NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to ACR that you will not use
the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
You may not use the Site in any manner which could damage, disable, overburden,
or impair the Site or interfere with any other party’s use and enjoyment of the
Without the express prior written authorization of ACR, you may not:
- Use any data mining robots ("bots"), hardware or software modules that add a specific
feature or service by plugging into an existing larger system ("plug-ins"), or other
data gathering and extraction tools, scripts, applications, or methods on this site;
- Use any device, software, or hardware to bypass any operational element or to interfere,
or attempt to interfere, with the proper working of this Site, server or activities
- Take any action that imposes an unreasonable or disproportionately large load on
this Site or its network infrastructure or that adversely affects our services or
- Decompile, reverse engineer, modify or disassemble any of the software in or associated
with this Site and/or server; or
- Otherwise exceed your limited access to the Site as authorized by ACR.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded. Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
ACR has no obligation to monitor the Communication Services. However, ACR reserves
the right to review materials posted and to remove any materials in its sole discretion.
ACR reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
ACR reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or in
part, in ACR's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. ACR does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, ACR specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized ACR spokespersons, and their views
do not necessarily reflect those of ACR.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO ACR OR POSTED ON THE SITE
ACR does not claim ownership of the materials you provide to ACR (including feedback
and suggestions) or post, upload, input or submit to the Site (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting ACR, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. ACR is
under no obligation to post or use any Submission you may provide and may remove
any Submission at any time at ACR’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
NO WARRANTIES; LIMITATION ON LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION HEREIN. ACR MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACR HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACR BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF ACR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACR (WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE
EXCEED THE AMOUNT YOU PAID ACR to OBTAIN THE SERVICES.
THE BEACON TESTING AND MANAGEMENT SERVICES PROVIDED BY THIS WEB SITE ARE EXPLICITLY
FOR TESTING 406MHz BEACONS, AND ARE NOT TIED INTO THE NATIONAL OR INTERNATIONAL
SEARCH AND RESCUE NETWORK. ACR AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR, AND WILL
NOT, ALERT, FORWARD OR NOTIFY THE RESPONSIBLE SAR AUTHORITIES IN THE EVENT OF IT
DETECTING A REAL ALERT FROM ANY BEACON, OR BEING ADVISED OF A REAL ALERT AND OR
EMERGENCY BY ANY MEANS.
Specifically, neither ACR nor its affiliates guarantee that the beacon testing or
data storage and retrieval parts of this Site and related services will be uninterruptible
or error free, nor will ACR be liable for:
- Any data entry errors made by a user of this site while entering key personal or
beacon data (such as the 15 character Uniform Identification Number (UIN)).
- The failure of any 406 MHz Beacon "Self Test" to either transmit a signal or for
this signal to be picked up by the satellites in the Cospas-Sarsat network or for
this signal to be received and correctly decoded by ACR's hardware components and
- The incorrect storage or processing of either customer provided data or received
data from the Cospas-Sarsat satellite network.
- The failure of any notification service, whether web based, by email, by SMS messaging
or by any other means of communication to advise the customer of the outcome of
any test or use of the services provided by ACR.
- Any failure to provide data (such as alert notification, contact details, medical
conditions or trip plans) to the rescue services in the event of an alert, whether
false or real, or for any failure of the rescue services to make use of any such
data that is supplied.
- The certification of any beacon tested using this site, the competency of anyone
doing the installation and/or testing using this site, the accuracy of the test,
and any other errors occurring during initial or annual testing of the beacons using
If you have any questions relating to these Terms and Conditions, your subscription
or the Services, please contact ACR's Customer Service Department at +1-954-981-3333,
ext. 2111 or 1-800-432-0227, ext. 2111. [TO BE REVIEWED BY CLIENT. PLEASE INDICATE
PREFERENCE FOR CONTACT. EMAIL OR PHONE?]
To the maximum extent permitted by law, these Terms and Conditions are governed
by the laws of the State of New York and you hereby consent to the exclusive jurisdiction
and venue of courts of the State of New York sitting in the County of New York and
of the United States for the Southern District of New York in all disputes arising
out of or relating to the use of the Site. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and ACR as a result of these
Terms and Conditions or use of the Site. If any part of these Terms of Conditions
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Terms and Conditions shall continue in effect.
Unless otherwise specified herein, these Terms and Conditions and your subscription
constitute the entire agreement between you and ACR with respect to the Site and
supersede all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you and ACR with respect to the Site.
You may not assign or sublease any of your rights relating to your subscription
without ACR's prior written consent. ACR shall have the right, at any time, to assign
any of its rights or obligations relating to your subscription or these Terms and
Conditions to a third party or affiliate.
The copyright in all material provided on this Site, including, but not limited
to, text, graphics, images, audio or video clips, photographs or other materials,
is held by ACR or by the original creator of the material. Except as otherwise provided
herein, none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted, modified or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of ACR or the copyright owner;
provided, however, that permission is granted to display and download the materials
on this Site for personal, non-commercial use only so long as the materials are
not modified and all copyright and other proprietary notices contained in the materials
The trademarks, service marks, trade dress and logos (the "Trademarks") used and
displayed on this Site are registered and unregistered Trademarks of ACR and others.
Nothing on this Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Site, without
the written permission of the Trademark owner. You may not "frame" or "link" to
the Site, or use any of the Trademarks as metatags or "hidden text," without ACR's
prior written consent.
RESERVATION OF RIGHTS
All rights not expressly granted herein are hereby reserved.
© Copyright 2010 ACR Electronics, Inc.
All rights reserved worldwide.