Rombo Nexx Terms of Use

1.     Introduction

We, the team from Rombo Nexx, are pleased to see you being interested in our products and we are confident that our apps and the Rombo Nexx products match to you perfectly. To use our products, we have to clarify certain things with you. For example, what rights and responsibilities we have towards you and which ones you have towards us, how long various periods last and many more details. One of them is a privacy policy.

2.     Privacy Policy

2.1.    Introduction

Rombo Nexx (“we,” “us,” “our,” or “Company”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about how we use your personal information. By visiting, accessing or using the www.rombogps.com website and domain name, and any other linked pages, features, content, one or more Rombo Nexx devices (the “Product”), or application services (including, without limitation, mobile applications) offered from time to time by Company in connection therewith (collectively, the “Website”), or using any of our Services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. Unless specifically defined, terms used throughout this Privacy Policy (this “Privacy Policy”) have the same definitions as those given in the Company Terms of Use, available at https://therombogroup.com/rombonexx/terms-of-use/ (the “Terms of Use”), of which this Privacy Policy forms a part.

2.2.    Scope

By visiting and/or using our websites and participating in any of our programs or service offerings, you agree to this Privacy Policy. Our Privacy Policy applies to both our online and offline customers. This policy also applies to both our existing and former customers. In addition, this policy applies to each individual who visits our Sites or otherwise provides us with Personal Information, even if such individual does not buy our products or services.

2.3.    Information Collected

2.3.1. The information we gather from customers enables us to personalize and improve our Services, and allows our users to set up a user account and profile that can be used to personalize their experience on the Website. We collect the following types of information from our customers.

2.3.2. Personal information you provide to us: We receive and store any information you enter on our Website or provide to us in any other way, including, without limitation, through use of the Product. The types of personal information (“Personal Information”) collected in this fashion may include, but is not necessarily limited to, your (and your pet’s) name and/or location, your email address, IP address, browser and/or device information, username, password, your pet’s activity data, your pet’s activity goals, any content you post to your profile or through the Website, and any other information necessary for us to provide our Services. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for such purposes as answering questions, improving the content and community experience of the Website, customizing the advertising and content you and other users and prospective users see, and communicating with you about Company’s products and services, including specials and new features.

2.3.3. Personal information collected automatically: We receive and store certain types of information whenever you interact with our Website or use our Services. Company automatically receives and records information on our server logs from your browser including your IP address, cookie information, browser and/or mobile device information, operating system, timestamps, the pages you request, and the actions and path you take on the Website.

2.3.4. Generally, our Services automatically collect usage information, such as the numbers and frequency of visitors to our Website and how those users use its various components, including, without limitation, pet activity data from the Product. We also use third party tracking-utility partners to gather information, including Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and click-stream data. Except to allow you to use the features and functionalities of the Product, Website, Services and — if you opt to receive them— certain partners’ and/or affiliates’ products and services, we only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you or your pet personally. This type of aggregate data enables us to figure out how customers use parts of the Website or Services so that we can make the Website appealing to as many customers as possible, and improve those Services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Website or Services. We share this type of statistical data so that our partners also understand how people use the Website or Services, so that they, too, may provide you with an optimal experience. Company never discloses aggregate information to a partner in a manner that would identify you or your pet personally, except as may be required to provide you with features and functionalities selected by you and provided through the products and Services of our integration partners.

2.3.5. “Non-Personally Identifiable Information” does NOT identify you personally. For example, we may conduct research on our users’ demographics, interests, and behavior based on the information provided to us from various sources such as our server log files, surveys, cookies and other technologies. We do this to better understand and serve you. This research is compiled and analyzed on an aggregated basis.  You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.  However, our site(s) do not currently respond to “Do Not Track” signals (DNT). We are continuing to monitor DNT developments and may revisit the issue in the future. In the meantime, you can exercise other choices available to you, including limiting the placement of cookies on your device using your browser’s cookie control features and other choices described in this privacy policy. Note that if your settings block cookies and tracking, you may not be able to take advantage of the personalized features enjoyed by other users of our Sites.

2.3.6. We also may collect non-personally identifiable information from you in order to customize your experience, fulfill your requests for information, and improve our services.   We may provide this non-personally identifiable information to third parties. For example, we might inform third parties about the number of users of our Sites and the activities they conduct while on the Sites. We also may provide trusted partners with general information regarding our users and visitors.

2.3.7. We utilize Google Analytics features, including demographics and interests reporting, display network impression reporting, remarketing, and DoubleClick campaign manager integration to help facilitate the delivery of relevant content, to identify how users engage with our Sites, and to provide us with information regarding our users. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html.

2.3.8. We track Site usage information through the use of cookies for analytic and internal purposes only, your selection of the “do not track” option, or analogous option, provided by your browser may not have any effect on our collection of cookie information for these purposes. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit allaboutcookies.org). We permit third party advertising partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Site. For example, we use advertising services provided by third party ad partners, such as [Google Display Network] and [AdRoll], to market our services to you on other websites. Through a process called “retargeting,” each service places a cookie on your browser when you visit our Site so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid tracking by these third party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the “do not track” option on your browser, though we have no control over and cannot confirm whether these third party ad parties honor the “do not track” browser signal.

2.3.9. We would like to point out that we use the social network Facebook’s website custom audiences in the context of usage based online advertisement. The custom audience pixel provides information about the way visitors use our website. The collected information about the website user can be associated with information about the related Facebook user. We can use the information in this way for displaying interest-based advertising. In the course of the hashing process personal data are converted into checksums. This makes it impossible to track the identity of a Facebook user. The information mentioned above will be stored for 60 days. Further information about website custom audiences and the possibility to revoke data collection can be found at https://www.facebook.com/settings/?tab=ads.

2.3.10.    We would like to point out that we use Twitter’s Conversion Tracking and Tailored Audiences in the context of Twitter Advertising. Those products are offered through Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. User data will be collected through our website in order to set up advertisement concerning the user’s interests as well as for conversion tracking. Further information about Twitter Advertising and information about how you can prevent Tailored Audiences can be found at https://support.twitter.com.

2.4.    Children’s Privacy

Neither Rombo Nexx or its Sites are designed or intended for children under the age of 13.  We do not collect personally identifiable information from any person we actually know is under the age of 13.

2.5.    Email Communications

2.5.1. We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Website. We may receive a confirmation when you open an email from Company if your computer or device supports this type of functionality. Company uses this confirmation to help us make emails more interesting and helpful and to improve the Website and our Services. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. When you receive e-mail from Company, you can opt out of receiving further e-mails by following the included instructions contained therein to unsubscribe.

2.5.2. Opt-Out

2.5.2.1. We communicate with users who subscribe to our services on a regular basis via email as well as via phone and text message.  You can opt-out of some but not all of these communications, however, they will be primarily informational in nature rather than promotional.

2.6.    3rd Party Websites & Advertises

2.6.1. This Privacy Policy applies solely to information collected by Rombo Nexx. The Sites may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites. While you are visiting or using our Sites or services, you may be presented with an opportunity to purchase third party products or services. These products and services are offered and supplied by independent companies not owned or operated by RomboNexx. If you click on one of the presented offers, you will be redirected to the web site of the third party, and any information you provide in response to the offer will be collected and used by the third party and not by Rombo Nexx. Information you provide to the third party and any dealings you have with third parties will be governed by the privacy and other policies of that third party.

2.6.2. Additionally, we may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Sites. Please be advised that such advertising companies may gather information about your visit to our Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES AND OTHER THIRD PARTIES.

2.7.    Cookies

2.7.1. Cookies are alphanumeric identifiers that we transfer to your computer’s (or other device’s) persistent storage medium (e.g., hard drive) through your browser to enable our systems to recognize your browser and tell us how and when pages on our Website are visited and by how many people. We use cookies to enhance visitors’ experiences, to learn more about their use of the Website and to improve quality. Company cookies do not collect Personal Information, but we may combine the general information collected through cookies with Personal Information to tell us who you are or what your screen name or email address is.

2.7.2. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.

2.7.3. Ads appearing on the Website may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer or other device each time they send you an online advertisement to compile information about you or others who use your computer or device. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Company and does not cover the use of cookies by any advertisers.

2.8.    Sharing of personal information

2.8.1. Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We share your Personal Information only as described below.

2.8.2. Advertisers: As discussed above, we allow advertisers to choose the demographic information of users who will see their advertisements and you agree that we may use any of the information we have collected from you (including, without limitation, information you may have decided not to show to other users) to select or allow the advertiser to select the appropriate audience for those advertisements. For example, we may allow an advertiser to target an ad to you based on your query history. We may deliver a file to you through the Website (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

2.8.3. Third Party Associated businesses we do not control: We anticipate that we may become associated with a variety of third party businesses and work closely with them. In certain situations, these businesses may sell items to you through the Website. In other situations, Company may provide services, or sell products jointly with associated businesses. You can recognize when an associated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that associated business.

2.8.4. Third Party Agents: We employ other third party companies and people to perform tasks on our behalf and need to share your information with them to provide products or services (including the Product and Service) to you and to otherwise enhance the user or prospective user experience. Unless we tell you differently, Company’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

2.8.5. User profiles and submissions: Certain user profile information and data about your use of the Website, Product and/or Service, including without limitation, your name, your dog’s name (and breed, gender, and other information you have provided), activity goals, other users with whom you’re connected, your location, and any video or image or other data and content that has been uploaded to the Website, may be displayed to other users to facilitate user interaction within the Website or address your request for our Services. Some such data and information (including without limitation, your first name, your dog’s name and profile information, activity goals and milestones (e.g. streaks), “friends” and their dogs, activity comparisons with your friends, and uploaded posts and content) may be displayed publicly to other users of the Website by default; your account privacy settings allow you to control whether your account appears publicly in searches by other users. Please remember that any content you upload to your public user profile, or do not specify as non-public through the functionality of the Website, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (in social media posts, on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name and any other information you choose to include may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments. Additionally, if you sign into the Website through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Website, and such “friends,” if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.

2.8.6. Business transfers: In some cases, we may choose to buy, sell or license assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Company, or substantially all of its assets were acquired, or in the unlikely event that Company goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Company or its assets may continue to use your Personal Information as set forth in this policy.

2.8.7. Protection of Company and others: We may release Personal Information when we believe in good faith that such release is necessary to comply with the law; enforce or apply our Terms of Use available at https://therombogroup.com/rombonexx/terms-of-use/ and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

2.8.8. With your consent: Except as set forth above, you will be notified via email when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

2.9.    Information You can Access

2.9.1. Company allows you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list will change as the Website changes.

2.9.2. Real name

2.9.3. Account and user profile information, including images and other data and information you have uploaded to the Website

2.9.4. User e-mail address

2.9.5. Location

2.9.6. Username and password

2.9.7. User preferences

2.10. Security of personal information

2.10.1.    No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Rombo Nexx.  is done at your own risk.

2.10.2.    Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

2.10.3.    If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using these Sites or providing Personal Information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of these Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

2.11. Changes to Privacy Policy

2.11.1.    We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “last updated” date at the bottom of this page. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personal Information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Sites.

2.12. Questions or concerns

2.12.1.    Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the Privacy Policy. You may send us an e-mail at support@therombogroup.com.

3.     Terms of Sale

3.1.    Product Use

3.1.1. You may only use the Product for User’s own personal, non-commercial use. As a condition to using the Product, User must sign up for an account with RomboNexx by downloading the Rombo Nexx Product Application (the ‘Application”) located at https://therombogroup.com/rombonexx/start and, if applicable, pay any fees associated with such account (as further explained in the Terms of Use). User understands and acknowledges that the Product may not function properly if User does not keep his or her Rombo Nexx account current and up-to-date, and pay any fees due, if applicable. Except as expressly set forth herein, all fees paid hereunder and/or with respect to the Product are nonrefundable.

3.2.    License

3.2.1. Subject to the terms and conditions of this Agreement and the Terms of Use, Rombo Nexx hereby grants a non-exclusive, non-sublicenseable, non-transferrable license to User to use the object code version of any software incorporated or embedded into the Product (“Software”).

3.3.    Use Restrictions

3.3.1. User shall not: (a) distribute, market, resell, transfer, or allow any other individual to use the Product; (b) use the Product in connection with any products or services not supplied or provided by Rombo Nexx or otherwise approved by Rombo Nexx-supplied documentation; (c) remove any proprietary notices, labels, or marks on or in the Product; or (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Product (including without limitation the Software), except to the limited extent applicable laws specifically prohibit such restriction.

3.4.    Terms of Website Sales

3.4.1. Placing an order

3.4.1.1. Rombo Nexx sells a GPS tracking device and related accessories (the Product) which is accompanied by the App.

3.4.1.2. To purchase a Product, please select it by placing it in the Website shopping cart. Your selection of a Product constitutes an offer by you to Rombo Nexx product to buy the selected product on this Website (Order). All Orders are subject to acceptance by Rombo Nexx.  and are subject to availability.

3.4.1.3. Orders accepted by Rombo Nexx can only be cancelled by Rombo Nexx in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may contact us in order to make a request for the cancellation of the Order including an explanation of the reason for your cancellation request.

3.4.1.4. Orders can be placed for personal use only. Products cannot be purchased for the purpose of reselling to others.

3.4.2. Price

3.4.2.1. Prices appearing on this Website are in the USD where available or the closest currency to the location that you specified and are not inclusive of sales tax (such as GST or VAT) where applicable

3.4.2.2. The cost of your Order will be the price of the products ordered on this Website. Additional costs such as delivery may apply as outlined in the ‘Payment’ section below.

3.4.3. Payment

3.4.3.1. To pay for an Order, simply complete the requested details when prompted to do so in the Shopping Cart and Checkout sections of this Website.

3.4.3.2. We accept Visa, MasterCard and Online Banking methods of payment for an Order. You will be solely liable for all credit card charges, bank charges and any PayPal charges on the transaction for each Order.

3.4.3.3. Once your payment has been authorized by your bank, the Order will be processed and Rombo Nexx will issue a Tax Invoice if required under the relevant laws.

3.4.4. Delivery

3.4.4.1. Rombo Nexx may offer free delivery for Orders to selected countries. However, most countries attract a delivery fee and Rombo Nexx products reserves the right, in its sole discretion, to charge a delivery fee if your particular location requires a fee for any reason including for example excessive delivery charges. Any applicable delivery fees will be displayed on the Website before accepting your Order.

3.4.4.2. For each Order you make of a Product, you agree that:

3.4.4.2.1. the Product will be delivered to the address you nominate in your Order

3.4.4.2.2. Rombo Nexx is not responsible for Products sent to an incorrectly supplied address

3.4.4.2.3. Rombo Nexx is not responsible for Products you fail to collect from Rombo Nexx delivery agent or any third party delivery depot such as a postal service

3.4.4.2.4. Being a new product, we may experience some delays in the manufacturing and delivery of the product into our warehouse and to you. If your Order fails to arrive within 30 business days of the email confirmation of your Order, please email support@rombogps.com and we will confirm that your order is in the system and provide an updated ETA to you.

3.4.4.2.5. Title in each product that you Order remains with Rombo Nexx until Rombo Nexx receives payment in full for such product.

3.4.4.2.6. Risk in each product that you Order passes to you upon delivery of the product(s) to the address you specified in the Order or to a local delivery depot, such as a postal service.

3.4.5. 3rd Party Products or Services

3.4.5.1. While you may choose to use the Product in connection with a product or service provided by a third party, Rombo Nexx is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD PARTY PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK AND MAY VOID THE LIMITED PRODUCT WARRANTY.

3.4.6. Liability Limitation

3.4.6.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROMBO NEXX, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE ROMBO NEXX PRODUCT, SOFTWARE OR SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE PRODUCT (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE PRICE PAID BY USER FOR THE PRODUCT (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF ROMBO NEXX HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES, COUNTRIES AND OTHER GOVERNMENTAL AUTHORITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

3.4.7. Export

3.4.7.1. Notwithstanding anything stated herein or otherwise, User may not provide to any person or export or re-export or allow the export or re-export of the Product, Services or any Software or anything related thereto or any direct product thereof (collectively “Controlled Subject Matter”), in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. Without limiting the foregoing, User acknowledges and agrees that the Controlled Subject Matter will not be used or transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. Use of the Product constitutes a representation and warranty that the User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Controlled Subject Matter may use or include encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations.

3.4.8. Dispute Resolution

3.4.8.1. User agrees that any cause of action arising out of or related to the Product must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

3.5.    General

3.5.1. Intellectual Property

3.5.1.1. All Intellectual Property rights in Rombo Nexx products including without limitation the App and those supplied in relation to an Order from this Website or by any authorized retailer or supplier are retained by Rombo Nexx and you are not entitled to reverse engineer or re-brand the Products in any way.

3.5.1.2. Disclaimers

3.5.1.2.1. Rombo Nexx acknowledges that Rombo Nexx products supplied to you may come with guarantees under the consumer law that cannot be excluded. Subject only to the foregoing, Rombo Nexx gives no warranties or guarantees of any kind (whether express or implied) in relation to any Rombo Nexx products.

3.5.1.2.2. Rombo Nexx claim on this Website that the products are waterproof is not an express warranty that the products are fully waterproof in all conditions. The products have been tested for water resistance under controlled circumstances and have achieved an IP67 water rating, indicating that the product will withstand immersion of up to 1 metre in water for a maximum of 30 minutes in controlled conditions. Rombo Nexx disclaims all liability in relation to water damage to its products that arises from any use of its products that exceeds water rating IP67.

3.5.1.2.3. The SIM card used in each Rombo Nexx product relies on a connection to a mobile communications network. If the connection to the mobile communications network is broken for any reason, the device will not work until the connection is restored. A connection may be broken for a number of reasons including the Rombo Nexx product is being used outside the reach or footprint of the mobile communications network used by the SIM card, or the mobile communications network is not functioning or temporarily shut down for maintenance purposes. Rombo Nexx disclaims all liability in relation to any failure of the Rombo Nexx product due to the non‑operation or faulty operation of the SIM card that is beyond the reasonable control of Rombo Nexx.

3.5.1.2.4. All health and medical information or advice displayed on the Website and App, if any, is not intended to be relied upon or used by you in isolation. We may use the services of qualified animal health and medical professionals but Rombo Nexx is not qualified to and does not provide medical advice. Any health, fitness or related information displayed on the Website and App should not be used in place of the advice of your veterinarian. We do not recommend the self-management of health or medical problems for your pets, nor do we promote or recommend any particular form of medical or alternative treatment. Rombo Nexx recommends that you consult with your veterinarian prior to commencing any training or activity programs displayed on the Website and App. You should never disregard medical advice for your pet or delay seeking it because of something you have read on the Website and App. You should always seek prompt veterinary medical care for any specific health issue concerning your pet.

3.5.1.2.5. Rombo Nexx products are designed to be worn by pets and used to locate your pet(s) and other things, including tracking or locating people. Rombo Nexx disclaims all liability in relation to any use made by you of the Rombo Nexx products for any other purpose.

3.5.1.2.6. Rombo Nexx is under no obligation to keep and maintain your Material or Submissions. Rombo Nexx is not obliged to make any back-up(s) of data submitted by you.

3.5.1.2.7. The inclusion of any advertising or other information or third party material on any page of the Website and App which promotes products or services to be supplied by a party other than Rombo Nexx does not imply that Rombo Nexx endorses or recommends any such party, product or service.

3.5.1.2.8. While all reasonable care has been taken in publishing and maintaining the Website and App, Rombo Nexx and sponsors of any material presented on the Website and App accept no liability or responsibility whatsoever for, or in respect of, any use of the Website and App or any reliance upon material contained on the Website and App or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

3.5.1.2.9. Rombo Nexx will not be liable for any Loss resulting from any action or decision by you in reliance on the material or Content on the Website and App, nor any interruption, delay in operation or transmission of the Website and App. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website and App.

3.5.1.2.10.              You expressly acknowledge and agree that Rombo Nexx does not exert control over users of the Website and App and Rombo Nexx is not liable either for their opinions or their behavior, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

3.5.1.2.11.              Your use of the Website and App is at your sole risk and you understand that the location data might not be accurate. Location technologies such as GPS are not entirely accurate and are subject to various conditions such as buildings and weather and GPS doesn’t work reliably indoors. Rombo Nexx in not liable for inaccuracies in the location technology.

4.     Terms of Use

4.1.    PLEASE READ THESE TERMS OF USE (THIS “AGREEMENT”) CAREFULLY BEFORE VISITING THE WEBSITES OR USING THE SERVICES OFFERED BY ROMBO NEXX (“COMPANY”). BY VISITING THE WEBSITES OR USING THE SERVICES OF COMPANY IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO AND SHOULD NOT USE THE WEBSITES OR SERVICES OF COMPANY.

4.2.    GPS Device Disclosures

4.2.1. Introduction

4.2.1.1. Rombo Nexx has been developed for pets and other things, including tracking people or objects.  Some countries, states or regions have laws related to location based tracking of people, animals and objects. It’s the sole responsibility of the owner and user to abide by the law and rules in the area the Rombo Nexx GPS device is used.

4.2.2. The Service

4.2.2.1. How the Service Works: Since this is a wireless service, the quality of your signal and your ability to get the service may be affected by your location. We can’t provide service when your Product isn’t in range of a transmission site used to provide the service. You must be within our coverage area to use the service and to perform certain functions from your Product, such as initial activation of the service, deactivation, and service changes (to name a few). Even within our coverage area, there are many factors, including network capacity, limitations and restrictions of wireless carrier service providers, your Product type, terrain, your proximity to buildings, foliage and weather (to name a few) that may impact availability and quality of the service. You acknowledge and accept these limitations of the service. The service provides an approximate location of the requested Product and does not provide guaranteed results. The results you obtain from the service, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. We reserve the right to set limits on the use of the service at our discretion. We do not guarantee that any lost animal will be found and we do not provide any service for the purpose of searching and/or recovering your animal.

4.2.2.2. Interrupted Service: The service may be interrupted or restricted without notice to you. We are not required to give any refunds or credits if your service is interrupted or if your ability to use the service is limited based on our network’s coverage and availability. Please visit https://therombogroup.com/support or contact our Customer Experience Center if you have any questions regarding interruption of your service.

4.2.2.3. Your Account: You must establish an account to use the service and activate your Product(s). You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

4.2.2.4. SMS Charges: The service may allow you to send and receive text messages (SMS) on your mobile device. The number of messages per month will depend upon your settings. You grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, update your notification settings in your mobile app.

4.2.2.5. Authorization to Contact You By Phone. You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

4.2.2.6. Authorization to Contact You by Other Means. You also agree that we and our affiliates, agents and independent contractors may use any other medium, as permitted by law and including, but not limited to, mail, text message and e‐mail, to contact you.

4.2.2.7. Authorization to Record Calls. You agree that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.

4.2.3. Terms of the Contract and your service plan

4.2.3.1. Changes to Terms of the Contract:

4.2.3.2. Your service is subject to our business policies, practices and procedures, which we can change without giving notice to you. UNLESS OTHERWISE PROHIBITED BY LAW, WE RESERVE THE RIGHT TO ADD TO, UPDATE OR AMEND THE TERMS AND CONDITIONS OF THIS CONTRACT AT ANY TIME.

4.2.3.3. Such updates or amendments will be posted on our web site at www.rombogps.com. Subject to your receipt of notice of such updates or amendments, you shall be bound by all such updates and amendments from the date the update or amendment is made. Please visit www.rombogps.com or contact our Customer Experience Center if you have any questions about these changes and how they apply to your use of the service and/or your Product).

4.2.3.4. Service Plans: When you sign up for the service and accept this Contract, you will be purchasing a subscription package that generally sets out your subscription information and service features, including (to name a few allowances and features) the term, duration, billing information, payment due dates, price, costs, fees, taxes and recurring charges associated with those allowances and features. WE WILL REFER TO YOUR SUBSCRIPTION PACKAGE AND RELATED TERMS AS YOUR “PLAN”. YOUR PLAN WILL BECOME PART OF THIS CONTRACT. If a term or condition of your Plan expressly conflicts with this Contract, the term or condition in your Plan will govern. If at any time you change your service (for example, by accepting a promotional opportunity offered by ROMBO NEXX or subscribing to a new service offering), you will be subject to the requirements, such as a new minimum term, associated with that change. Cancellation of your subscription before the expiration of the applicable term may result in a termination fee as detailed in this Contract and/or your Plan. Any service‐included offer cannot be combined with any other offers and ROMBO NEXX reserves the right to cancel or modify the offer(s) at any time.

4.2.4. Your rights to end your service or contract

4.2.4.1. Your Rights to Change or End Your Service; Automatic Renewals:

4.2.4.2. Your account will automatically be charged at the rates in effect at the time of renewal. You have the right to change your subscription package and Plan. How the change will affect your charges will depend on the choices you make. AN EARLY TERMINATION FEE MAY ALSO APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE YOUR FIRST RENEWAL OR ANY SUBSEQUENT RENEWAL, OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE. Otherwise, and except as otherwise provided in the next sentence, all terminations of Plans based on a monthly, annual or other billing cycle by you during such cycle become effective on the last day of that billing cycle. You will remain responsible for all fees and charges incurred until then and you will not be entitled to any partial–month credits or refunds. KEEP IN MIND, HOWEVER, THAT SUBSCRIPTIONS AND FEES FOR ALL PRE‐PAID, MONTHLY, ANNUAL AND SIMILAR SUBSCRIPTIONS, AND CERTAIN PROMOTIONAL SUBSCRIPTIONS ARE NONREFUNDABLE. IN THE EVENT THAT WE ABANDON OR CEASE DISTRIBUTION OF THE SERVICE, WHETHER AS A RESULT OF LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE. Except as may be permitted by additional terms, each subscription to the service is tied to one Product. You may have multiple Products and multiple subscriptions. If you add additional Products to your account, you must purchase a separate subscription for each one. Because a subscription is tied to a Product, if your Product is lost or stolen, you must cancel or suspend your subscription or you will remain responsible for the payment of the subscription.

4.2.5. Our rights to Limit to End Your Service

4.2.5.1. You can only use the service for personal, noncommercial uses. You agree not to resell or redistribute the service to someone else without our prior written permission, which we can withhold in our sole discretion. You also agree that your Product and the service won’t be used for any purpose that isn’t allowed by your Plan or this Contract or for any purpose that’s illegal. You agree that you will not install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, copy or regenerate a transmitted radio frequency signal(s). WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY CONTRACT WITH YOU FOR

4.2.5.1.1. GOOD CAUSE, including, but not limited to: (i) if you: (a) breach this Contract; (b) make a late payment more than once in any 12 month period or, in the case of pre‐paid subscriptions, if your credit or debit card is declined more than once during any 12 month period; (c) incur charges larger than a required deposit or billing limit (even if we haven’t yet billed the charges); (d) provide credit information we can’t verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to tamper with your Product; or (ii) if you, any user of your Product or any authorized contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar and/or inappropriate language toward our representatives; (c) harass our representatives; (d) interfere with our operations; (e) “spam,” or engage in other abusive activities;

4.2.5.1.2. (f) modify your Product from its manufacturer’s specifications; (g) use the Product or your service to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity or any other right of any person or entity; or (h) use the service in a way that adversely affects us, our network or other customers, partners, representatives, agents or affiliates. We can also temporarily limit your service for any operational or governmental reason. WE CAN CANCEL ANY AND ALL SERVICE OFFERINGS AT ANY TIME AND FOR ANY REASON.

4.2.6. Charges, Fees and Taxes

4.2.6.1. Charges and Fees We Set: In return for receiving the service, you agree to pay all access, usage, activation/deactivation fees and other charges we bill you for or that the authorized user of your Product accepts. We may charge you one or more of the following fees:

4.2.6.2. Late Fee: IF WE DON’T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU THE LESSER OF A LATE FEE OF UP TO 1.5 PERCENT A MONTH (18 PERCENT ANNUALLY) AND THE MAXIMUM AMOUNT PERMITTED BY LAW, OR A FLAT $5 A MONTH, WHICHEVER IS LESS, ON UNPAID BALANCES. IF YOUR PLAN INVOLVES BILLING BY A THIRD PARTY, LATE FEES WILL BE SET BY THAT PARTY OR BY ITS TARIFFS, WHICH MAY BE HIGHER THAN OUR LATE FEES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES AND COSTS INCURRED IN COLLECTING

4.2.6.3. FROM YOU AS PERMITTED BY RELEVANT LAW. You acknowledge that any collection fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to legal limitations in your state.

4.2.6.4. Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee that is the lesser of (i) $20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. We do not extend credit to customers and you acknowledge that any fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to legal limitations in your state.

4.2.6.5. Early Termination Fee: With certain types of Plans, there may be an Early Termination Fee equal to the amount of our standard retail equipment price which we may prorate based on when termination occurs, along with administrative or other fees that apply, unless otherwise stated in your Plan. The Early Termination Fee applies only to the extent permitted by law. You will not be charged an Early Termination Fee for any termination during any Renewal Period though there may be administrative or other fees that apply. Promotional offers may have different Early Termination Fees. If you buy your Product or purchase the service from an authorized agent or third–party vendor, you should check to see if they charge a separate termination fee.

4.2.6.6. Taxes & Charges We Set: Usage charges, taxes and other fees may vary depending on where, when and how you use your Product or the service.

4.2.6.7. We reserve the right to waive any of these fees, in whole or in part, at our discretion. If we waive any fee or any other provisions of this Contract, we will not be deemed to have waived the fee or other contract provision for any other subscription or customer or as to any future occasion.

4.2.6.8. Taxes, Fees and Surcharges We Don’t Set: You are responsible for, and agree to pay, all taxes, fees and surcharges set by any governmental agency or taxing authority. We may not always give advance notice of changes to these items.

4.2.7. Billing Statements & Account History, Bill Disputes, and Payments

4.2.7.1. Billing Details: Your plan details and cost can be viewed online. Please visit www.rombogps.com/support or contact our Customer Experience Center if you would like to receive more detailed account history or billing information or if you believe there are any billing errors or otherwise have any questions related to your account history or bill. You must notify Customer Experience Center or change your information via your online account immediately in the event of any change in your name, billing address, service address, email address, telephone number or credit or debit card or other account information.

4.2.7.2. Bill Disputes: You can dispute your account history or bill by contacting our Customer Experience Center. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved.

4.2.7.3. Payments: All payments must be made in U.S. Dollars. Payment is due in full each payment period. As a condition of your Plan, you may be obligated to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the service. We may, at our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account. If you are late in making any payments to us, we reserve the right to suspend or terminate your service, deactivate your Product immediately and report any late payment or non‐payment to credit reporting agencies.

4.2.8. Your product and safety

4.2.8.1. Your Product: Your product is any Rombo Nexx GPS pet, people and objects location‐enabled products and related components (“Product”) you use to receive the service. Whether you buy your Product from Rombo Nexx or someone else is entirely your choice. Rombo Nexx may change the software required for your Product, applications or programming remotely and without notice. This could affect the way you use your Product. We are not responsible for the advertising, statements, practices, promises or services of manufacturers or sellers of the Products.

4.2.8.2. Safety: It is your responsibility to exercise discretion and observe all safety measures required by law and common sense. We assume no responsibility for accidents resulting from or associated with the use of the service or your Product. Additional safety information and product warnings included with your Product should be followed.

4.2.9. DISPUTES AND MANDATORY ARBITRATION CLAUSE:

4.2.9.1. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.

4.2.9.2. You may opt out of Mandatory Arbitration within the first sixty (60) days of receiving a copy of this Contract. Please contact our Customer Experience Center if you would like to opt out of Mandatory Arbitration. If you do not opt out within sixty (60) days of receipt of this Contract, you accept Mandatory Arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

4.2.9.3. GENERAL ARBITRATION PROVISION: The Federal Arbitration Act applies to this Contract. Any dispute, controversy or claim between us, regardless of whether based on your subscription, the services, the balance on your account, your Product, any prior account you had with us, your application, this Contract, any prior agreement or any other facts, and regardless of whether the legal theory is based on this Contract, another common law theory, a statute or another ground (each, a “Claim”), will be settled by neutral arbitration before the American Arbitration Association (“AAA”), provided, however, that any Claim arising out of or related to the EULA will be governed by the provisions of the EULA. Claims within the applicable small claims limit in your jurisdiction may be brought in small claims court rather than arbitration.

4.2.9.4. FORUM SELECTION AND APPLICABLE PROCEDURE: Unless you and we agree otherwise, the arbitration will take place in the county of your billing address (provided such address is in the United States). For Claims over $10,000, the AAA’s Wireless Industry Arbitration (“WIA”) rules will apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and a party may have the award reviewed by a panel of three new arbitrators. For Claims of $10,000 or less, the complaining party can choose either the AAA’s Supplementary Procedures for Consumer‐Related Disputes or individual action in small claims court. You can obtain procedures, rules and fee information from the AAA (www.ADR.org) or from us. Each of us may be required to exchange relevant evidence in advance. For claims of

4.2.9.5. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in‐person hearing. To initiate arbitration under this Contract, contact the AAA, which will provide the necessary forms for you to submit. In the case of a conflict between any arbitration rules and this Contract, this Contract governs.

4.2.9.6. ARBITRATION FEES AND COSTS: In any arbitration between us, you will be responsible for paying your share of the arbitration fees up to the amount of any filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address, and we will pay the remainder of the fees.

4.2.9.7. CLASS ACTION WAIVER: YOU AND WE EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS, EVEN IF AAA OR WIA PROCEDURES OR RULES WOULD ALLOW IT. WE ARE EACH WAIVING THE RIGHT TO A JURY OR COURT TRIAL. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

4.2.9.8. CLAIM NOTICES: If you or we have a Claim against the other, before initiating, joining, or participating in any lawsuit, arbitration or other legal proceeding, the complaining party shall give the other party: (1) a written notice of the Claim (referred to below as a “Claim Notice”), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity (not less than 30 days) to resolve the claim without the necessity of a legal proceeding. Any Claim Notice directed to you shall be sent to your address appearing in our records or, if you advise us that you are represented by counsel, to your attorney at your attorney’s office. If you or we fail to comply with this Claim Notices provision before commencing a lawsuit, arbitration or other legal proceeding, that failure shall be a complete defense to all claims asserted in such proceeding.

4.2.9.9. USE OF ARBITRATION AWARD OR JUDGMENTS IN SUBSEQUENT CASES: An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.

4.2.9.10.         CURE PROVISION: You and we intend for both of us to have the right to arbitrate disputes on an individual basis as set forth above. If a court finds any reason to invalidate or refuse to enforce this arbitration provision, the party aggrieved by that decision shall have the right to take unilateral action to eliminate the basis for the court’s decision, such as by waiving any right or remedy it has under this Contract or agreeing to additional fee or cost shifting. This cure right may be exercised during briefing of a motion to compel arbitration, during oral argument, or in a renewed motion to compel arbitration. If a renewed motion is filed, you and we agree that the exercise of cure rights hereunder shall constitute new facts permitting such a renewed motion.

4.2.10.    Disclaimers/Limitation of Liability

4.2.11.    Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED IN ANY SEPARATE LIMITED WARRANTY THAT MAY BE APPLICABLE TO YOUR PRODUCT, WE (FOR THE PURPOSES OF THIS SECTION J, WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS ARE COLLECTIVELY REFERRED TO AS “OUR,” “WE” OR “US”) MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON‐INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR PRODUCT. WE CAN’T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.

4.2.12.    Waivers and Limitations of Liability: UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. NEITHER WE NOR YOU WILL SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE OTHER. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON’T CONTROL; OR BY ANY ACT OF GOD. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND EACH OF OUR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS FROM AND AGAINST ANY CLAIMS, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIMS, ALLEGING LOSS, COSTS, EXPENSES, DAMAGES OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS CONTRACT, THE USE, FAILURE TO USE, OR INABILITY TO USE THE PRODUCT OR THE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF ANOTHER SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT THE SERVICE PROVIDER ALSO IMPOSES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR.

4.2.13.    Miscellaneous:

4.2.13.1.         Your Privacy: Please visit the Rombo Nexx GPS  Privacy Policy located at https://therombogroup.com/rombonexx/privacy-policy/ . By using the service, you agree to the terms of the Rombo Nexx GPS Privacy Policy.

4.2.13.2.         The information we collect is stored and processed by us on servers in the United States and potentially other countries. By using the service you consent to any such transfer of your information outside your country and/or outside the country where you access or use the service.

4.2.13.3.         Intellectual Property Rights: You may not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer or manipulate any technology in, or otherwise modify or tamper with, any Products and equipment used to receive the service. Nothing under this Contract or the fact that you have access to and use of the service gives you any right, title or interest or license in or to any technology, software and content, or any intellectual property rights in any of the foregoing, available with the service. Nothing under this Contract or the fact that you have access to and use of the service gives you any right, title or interest or license to reproduce or otherwise use our or any third party trademarks, service marks, graphics, or logos. You may not, and you agree that you shall not, copy or otherwise tamper with any software and content available with the service. Except as required by law, you acquire no proprietary interest in any number assigned to Products for its use.

4.2.13.4.         Survival: Those sections of this Contract by their context are intended to survive (including, without limitation Sections I, J and K), shall so survive.

4.2.13.5.         About This Contract: A waiver of any part of this Contract in one instance is not a waiver of any part or any other instance. You cannot assign this Contract or any of your rights or duties under it. We may assign all or part of this Contract or your debts to us without notice, and you agree to make all subsequent payments as instructed. EXCEPT AS PROVIDED IN SECTION C(1), NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL TO ANY EMAIL OR FAX NUMBER YOU’VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU. NOTICES ARE CONSIDERED DELIVERED TO US 3 DAYS AFTER MAILING TO THE CUSTOMER EXPERIENCE CENTER ADDRESS BELOW OR ON YOUR MOST RECENT BILLING STATEMENT OR COPY OF YOUR ACCOUNT HISTORY.

4.2.13.6.         Except as provided in Section J(4), if any part of this Contract is held invalid, that part may be severed from this Contract while the remainder of the Contract continues in effect. This Contract and the documents to which it refers form the entire agreement between us on their subjects. Please keep in mind that the ROMBO NEXX GPS Privacy Policy and the End User License Agreement (“EULA”) for your Product are additional contracts that you agree to and by which you also are bound. A copy of the Rombo Nexx GPS Privacy Policy may be found at https://therombogroup.com/rombonexx/privacy-policy/. A copy of the EULA may be found in the documents included in your Product package at the time of purchase or at https://therombogroup.com/rombonexx/legal/ . Please keep this Contract (including any Plan), a copy of the Rombo Nexx GPS Privacy Policy and the EULA for your records. You can obtain updated copies of this Contract by visiting our website at https://therombogroup.com/rombonexx/legal/ . You can’t rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Contract, except as specifically provided by law. This Contract is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, assigns and predecessors and successors in interest. Except to the extent we’ve agreed otherwise, in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this Contract and all disputes between us (whether or not based on this Contract) are governed by the laws of the state of your residence, without regard to that state’s conflict of laws principles, provided, that, if you reside outside of the United States, then the laws of the State of California, without reference to its conflicts of laws principles, shall be the governing law.

4.3.   Website Disclosures

4.3.1. Passwords

Registration as a user or subscriber with the Sites may requires both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

4.3.2. Links to external sites

The Sites may contain links to third party web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites.  Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

4.3.3. Contributor Disclosure

4.3.3.1. Certain contributors on the Sites are compensated to provide content on topics of interest to the Sites’ users.  Contributions that contain endorsements of Rombo Nexx products or services and are made by individuals with material connections to Rombo Nexx will be identified as such.  While such contributors may receive compensation, the content is editorial and based on their opinions, findings, beliefs, or experiences on those topics, services, or products.

4.3.3.2. The views and opinions expressed within Rombo Nexx blogs belong purely to the authors.  Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

4.3.3.3. User Conduct & RULES FOR POSTING QUESTIONS AND COMMENTS IN FORUMS AND PUBLIC AREAS

4.3.3.3.1. Rombo Nexx does not control the content or communications of any of the public areas on the Sites. However, Rombo Nexx does have the right, but not the obligation, to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Sites and do not otherwise violate these Terms of Use. Specifically, the following actions will constitute a material breach of these Terms of Use:

4.3.3.3.2. Attempting to gain unauthorized access to the Sites, or any account, computer system, or network connected to the Sites, by means such as hacking, password mining or other illicit means;

4.3.3.3.3. Posting material that contains your full name(s), or any other confidential identifiable information of yourself or others;

4.3.3.3.4. Using a public area for any purpose in violation of local, state, federal, or international laws;

4.3.3.3.5. Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;

4.3.3.3.6. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Rombo Nexx in its sole discretion;

4.3.3.3.7. Posting advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Rombo Nexx;

4.3.3.3.8. Posting chain letters or pyramid schemes;

4.3.3.3.9. Impersonating another business, person or entity, including Rombo Nexx , its related entities, employees and agents;

4.3.3.3.10.              Registering under more than one name and/or e-mail address;

4.3.3.3.11.              Distributing viruses or other harmful computer code;

4.3.3.3.12.              Harvesting or otherwise collecting information about others, including email addresses, without their consent;

4.3.3.3.13.              Allowing any other person or entity to use your identification for posting or viewing comments;

4.3.3.3.14.              Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

4.3.3.3.15.              Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of Rombo Nexx exposes Rombo Nexx or any of its customers, partners or suppliers to any liability or detriment of any type; and/or

4.3.3.3.16.              After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).

4.3.3.3.17.              Users who violate these provisions shall be liable for any claim, action, damage or harm caused to Rombo Nexx , the user and any other injured party. Furthermore, Rombo Nexx may terminate the account of any person who violates these Terms of Use and the rules provided above.  Alternatively, we shall have the right in our sole discretion to edit or remove any material submitted to the Sites for any reason, including material that we, in our sole discretion, find to be in violation of the provisions hereof, or otherwise objectionable or stale.

4.3.3.3.18.              Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Sites or any communication or posting on the Sites.

4.3.3.4. USE OF RSS AND COMMENT FEEDS

4.3.3.4.1. BY DOWNLOADING, USING, OR SUBSCRIBING TO AN RSS FEED OR COMMENT FEED (“FEEDS”) FROM THE SITES, YOU AGREE THAT YOUR USE OF THE FEEDS WILL BE GOVERNED BY THESE TERMS OF USE.  PLEASE REVIEW THIS SECTION BEFORE USING, DOWNLOADING, OR SUBSCRIBING TO A FEED.

4.3.3.4.2. Intersections grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your web site or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds.  The Feeds are protected by U.S. and international copyright laws.  All rights in and to these Feeds, including the content and technology, are reserved to i4C.

4.3.3.4.3. The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.

4.3.3.4.4. By using the Feeds, you agree not to:

4.3.3.4.5. Display the Feeds in a manner that does not permit successful linking to or direction to our Sites;

4.3.3.4.6. Insert any intermediate page or other content between the link displayed on your web site and the landing page for the content on our Sites;

4.3.3.4.7. Edit, modify, alter, or create derivative works of the text, content or links supplied by us;

4.3.3.4.8. Use any robot, spider, other device or manual process to monitor or copy any content from  the Feeds;

4.3.3.4.9. Sell, retransmit, or commercially exploit the Feeds, headlines or content in any manner except as expressly permitted by us in writing;

4.3.3.4.10.              Incorporate advertising into the Feeds as displayed on your site; or

4.3.3.4.11.              Use the Feeds for any unlawful purpose or in violation of the rights of others.

4.3.3.4.12.              By using the Feeds, you also agree not to use the Feeds on the following categories of web sites:

4.3.3.4.13.              Sites that incite hatred whether based on race, religion, gender, sexuality, or otherwise;

4.3.3.4.14.              Sites that promote, encourage or facilitate violence;

4.3.3.4.15.              Sites that discriminate against any specific social group;

4.3.3.4.16.              Sites that promote, facilitate, or encourage illegal activity; or

4.3.3.4.17.              Sites which are misleading, pornographic, defamatory or that contain illegal or otherwise actionable content under applicable law.

4.3.3.4.18.              We may restrict, suspend, or terminate the Feeds, the license granted above, or your access to the Feeds at any time for any reason including, without limitation, your violation of any provision of these Terms of Use without liability.  You agree to destroy all copies of the Feeds (including removing all content supplied by the Feeds from any web site) upon receiving notice of termination from us.

4.3.3.5. LICENSE GRANT FOR SUBMITTED CONTENT

If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted Rombo Nexx, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Rombo Nexx may sublicense its rights through multiple tiers of sublicenses.

4.4.   Hardware Disclosures

4.4.1. Warranties

4.4.1.1. Rombo Nexx (“ROMBO NEXX”) Standard One (1) Year Limited Product Warranty (the “Limited Product Warranty”)

4.4.1.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR JURISDICTION’S APPLICABLE LAW. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE, FEDERAL OR OTHER APPLICABLE JURISDICITONAL LAW.

4.4.1.3. ROMBO NEXX’s warranty obligations for this hardware product are limited to the terms set forth below: ROMBO NEXX warrants to the original purchaser that your hardware product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“Warranty Period”). Whether a defect occurs will be determined solely with reference to the product documentation. If a hardware defect arises and a valid claim is received by ROMBO NEXX within the Warranty Period, ROMBO NEXX will, in its sole and exclusive discretion and to the extent permitted by law, either (1) repair (or request that you repair pursuant to the next succeeding sentence) the product at no charge, using new parts or reconditioned parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (but not the purchase price of the ROMBO NEXX service(s) included with the product), provided that you return the product to ROMBO NEXX as provided below. ROMBO NEXX may request that you replace defective parts with new or refurbished user‐installable parts that ROMBO NEXX provides in fulfillment of its warranty obligation. A replacement product or part, including a user‐installable part that has been installed in accordance with instructions provided by ROMBO NEXX, assumes the remaining warranty of the original product or ninety (90) days from (1) the date of replacement or repair, or (2) in the case of user-installable parts, the date that is ten (10) days after the date that ROMBO NEXX ships the parts to you), whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes ROMBO NEXX’ property. Parts provided by ROMBO NEXX in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, ROMBO NEXX may require that the product for which the refund is provided is returned to ROMBO NEXX, at which time it shall become ROMBO NEXX’ property. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Product Warranty.

4.4.1.4. Exclusions and limitations

4.4.1.4.1. This Limited Product Warranty applies only to the hardware product manufactured by or for ROMBO NEXX that can be identified by the “ROMBO NEXX” trademark, trade name, or logo annexed to it, provided however, the Limited Product Warranty does not include accessories even if identified by the “ROMBO NEXX” trademark, trade name or logo. Further the Limited Product Warranty does not apply to any software, including software embedded in the ROMBO NEXX product, or non‐ROMBO NEXX hardware, even if packaged or sold with the ROMBO NEXX hardware. Manufacturers, suppliers, or third parties other than ROMBO NEXX may provide their own warranties, but ROMBO NEXX, to the extent permitted by law and except as otherwise specifically set forth herein, provides its products “AS IS”. Software distributed by ROMBO NEXX with or without the ROMBO NEXX brand name (including, but not limited to system software) is not covered under this Limited Product Warranty. Refer to the End User License Agreement (EULA) at https://therombogroup.com/rombonexx/terms-of-use/ for details of your rights and obligations with respect to the use of such software. ROMBO NEXX does not warrant that the operation of the product will be uninterrupted or error‐free. ROMBO NEXX is not responsible for damage arising from any failure to follow instructions relating to the product’s use. Transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product. This Limited Product Warranty is not transferable to any third party, including but not limited to any subsequent purchaser, owner or user of the product. This Limited Product Warranty does not apply: (a) if damage or defects are caused by customer or other third party abuse, accident, neglect, improper handling, utilization or installation, or by failing to operate the product in compliance with the user manual, quick start guide or other user guides or product documentation; (b) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship by ROMBO NEXX; (c) if damage or defects are caused by the battery being tampered with to cause a short‐circuit, or if the seals of the battery enclosure or the cells are broken or show evidence of tampering; (d) if damage or defects are caused by a defective function of the wireless network or if the product software needs to be upgraded due to changes in wireless network parameters; (e) to cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product; (f) if damage or defects are caused by rough handling, physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of ROMBO NEXX; (g) in the case of the charging base station and other components other than the tracking device, if damage or defects are caused by exposure to moisture or dampness; and, in the case of the tracking device, if damage or defects are caused by submersion in water beyond one meter for longer than thirty minutes; (h) if damage or defects are caused by the product being used with or connected to an accessory not approved or certified by ROMBO NEXX; (i) if damage or defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external causes beyond the reasonable control of ROMBO NEXX; (j) if damage or defects are caused by operating the product outside of the permitted or intended uses described by ROMBO NEXX; (k) if damage or defects are caused by service (including upgrades and expansions) performed by anyone who is not a representative of ROMBO NEXX or a ROMBO NEXX authorized retailer or service provider; (l) if a product or part has been modified to alter functionality or capability without the written permission of ROMBO NEXX; (m) if any serial number has been removed or defaced, (n) to a recalled product, part or component, if a replacement product, part or component was made available by ROMBO NEXX, or (o) to commercial use of the product.

4.4.1.4.2. Important: Do not open the hardware product itself. Opening the hardware product may cause damage that is not covered by this Limited Product Warranty. Only ROMBO NEXX or a ROMBO NEXX authorized service provider should perform service on this hardware product.

5.     End User License Agreement

5.1.    This End User License Agreement (“EULA”) is a legal agreement between you and Rombo Nexx (“ROMBO NEXX”) for use of the software embedded on your ROMBO NEXX pet location product and application software (“Product”) as originally delivered by ROMBO NEXX (“Software”). BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY, IF APPLICABLE.

5.2.    License Grant.

ROMBO NEXX hereby grants to you a non–exclusive, non–transferable limited copyright license to use the Software embedded on the Product. All rights not expressly granted are reserved by ROMBO NEXX. This license is with respect to copyright rights only and specifically excludes any and all patent rights. The terms of this EULA will govern any upgrades provided by ROMBO NEXX that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first thirty (30) days after you first use the Software unless you supply information necessary to activate your subscription to the ROMBO NEXX pet location service (“Service”). You may activate the Service at https://therombogroup.com/rombonexx/start/.

5.3.    Restrictions.

You agree not to exceed the scope of the foregoing license, copy, create derivative works, reproduce, modify or distribute the Software. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

5.4.    No Other Rights.

Any rights not expressly granted to you are reserved by ROMBO NEXX and its affiliates. Neither this EULA, nor any act by ROMBO NEXX pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide, either expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights or any other intellectual property rights of ROMBO NEXX or its affiliates, except as expressly provided in Paragraph 1 of this EULA.

5.5.    Ownership.

The Software is licensed and not sold. You agree that ROMBO NEXX and its licensors retain all right, title and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see “Additional Notices” available at https://therombogroup.com/rombonexx/legal/ for ownership and licensing information about additional software components included with the Product, if any.

5.6.    Upgrades.

To use Software identified as an upgrade, you must first be licensed for the Software identified by ROMBO NEXX as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. You acknowledge and agree that ROMBO NEXX may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software.

5.7.    Technical Information.

You agree that ROMBO NEXX and its affiliates may collect and use technical information related to the Product, the Service and your usage thereof. Our use of such information is further described in our ROMBO NEXX Privacy Policy located at https://therombogroup.com/rombonexx/privacy-policy/.

5.8.    Termination.

This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, ROMBO NEXX may terminate this Agreement at any time upon notice to you and by posting notice on our website located at www.ROMBO NEXX.com. Upon termination you agree to immediately erase the Software from your Product and personal computer. Sections 2, 3, 4 and 7–13 shall survive the expiration or termination of this EULA.

5.9.    Disclaimer of Warranty.

5.9.1. THE SOFTWARE IS LICENSED TO YOU “AS IS.” ROMBO NEXX, IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON–INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROMBO NEXX, IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS. WAIVER OF CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROMBO NEXX OR IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF ROMBO NEXX OR ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.9.2. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY (IN THE AGGREGATE) OF ROMBO NEXX, ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ROMBO NEXX WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY PERTAINING TO THE PRODUCT) SHALL BE LIMITED TO US $30.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8, 9 AND 10) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

5.10. Export.

The Software is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.

5.11. U.S. Government End Users.

This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. The Software is “commercial computer software” developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this EULA.

5.12. Miscellaneous.

This EULA is governed by the laws of the State of California, USA, without regard to California’s conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this EULA shall not be affected thereby. Certain additional notices are incorporated into this EULA which Rombo Nexx is required to provide with certain software components. Those notices are found at https://therombogroup.com/rombonexx/legal/ and are incorporated herein by this reference. Your use of software components together with the Rombo Nexx software is subject to the terms of your separate license from Rombo Nexx Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user. Please keep in mind that the ROMBO NEXX Privacy Policy, Terms of Use and Terms of Sale for your Product are additional contracts that you agree to and by which you also are bound. A copy of the ROMBO NEXX Privacy Policy may be found at https://therombogroup.com/rombonexx/privacy-policy/ . A copy of the ROMBO NEXX Terms of Use may be found at https://therombogroup.com/rombonexx/terms-of-use/. A copy of the ROMBO NEXX Terms of Sale may be found in the documents included in your Product package at the time of purchase or at https://therombogroup.com/rombonexx/legal/ . Please keep this EULA, a copy of the ROMBO NEXX Privacy Policy, ROMBO NEXX Terms of Use and the ROMBO NEXX Terms of Sale for your records. This EULA constitutes the entire agreement between you and ROMBO NEXX regarding its subject matter and supersedes any prior or contemporaneous agreement, whether written or oral, relating to the subject matter of this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the remaining provisions of this EULA shall continue in full force and effect. This EULA may be updated from time to time and each update shall be effective immediately upon its posting on this web page.

6.     Return Policy

6.1.    We understand that you may wish to return a Rombo Nexx for some reason which you have purchased from us or a retail store. To assist you in the returns process, we have set out the Rombo Nexx Trackers Returns Policy which is broken into these sections:

6.1.1. 30 day money back guarantee

6.1.1.1. If you’re not satisfied with your Rombo Nexx within 30 days of receiving the Product, we are able to provide you with a refund once the Product has been received and inspected by us. This may be subject to Return Fees in some cases, as described in the below section.

6.1.1.2. You must contact Rombo Nexx requesting a refund within 30 days of your purchase including your Rombo Nexx ID, date of purchase, place of purchase, order number (if purchased online) and reason for refund.

6.1.1.3. We do ask that you cover the cost of the return shipping to our closest return centre for inspection. If Rombo Nexx determines the product to be faulty and you request a replacement, the shipping and handling charges for the replacement Product sent to you will be covered by Rombo Nexx.  If you purchased your Product from a retail store and you would like your money back you can return it there, however, Products purchased from this Website cannot be returned to a retail store.

6.1.1.4. Returned Products must first be inspected to determine if the packaging has been opened and whether the unit is in saleable condition prior to any refunds being processed. The determination of the Return Fees is entirely at our discretion. Any applicable Return Fees will be subtracted from the refund amount.

6.1.2. Return policy

6.1.2.1. Please follow the below steps to ensure a smooth experience with your product return.

6.1.2.2. Email Rombo Nexx customer service with the full description of the issue/s that you’re experiencing and allow us the opportunity to resolve your issue/s through our support process.

6.1.2.3.  If your issue/s can’t be resolved and you would like a replacement Product, please email Rombo Nexx customer support requesting a Product Replacement and provide your order number, name, contact number, quantity and the reason for replacement.

6.1.2.4. If your issue/s can’t be resolved and you would like to return your Product, please email Rombo Nexx customer service requesting a Product Return and provide your order number, name, contact number, quantity and the reason for return.

6.1.2.5. Rombo Nexx customer support will contact you by email to confirm if your request has been approved or rejected. Rombo Nexx may need to contact you by phone to obtain details required to process your request.

6.1.2.6. If you are sending a Product back to us, we recommend sending it back by registered post with a tracking number. Products returned to us are sent at your own cost and risk. All products being returned should match the conditions outlined in the Returns Policy (above) and please include all supplied packaging with the Product/s being returned.

6.1.2.7. Once Rombo Nexx receives the Product and verifies the issue/s you described, Rombo Nexx will:

6.1.2.7.1. If Rombo Nexx deems the product to be faulty, the product will be replaced or your purchase refunded. The shipping and handling charges for the replacement Product sent to you will be covered by Rombo Nexx

6.1.2.7.2. If Rombo Nexx deems the product not to be faulty, we will attempt to resolve the issue/s and the Product will be returned to you and the shipping and handling charges for the replacement Product sent to you will be covered by Rombo Nexx

6.1.2.8. If a refund is to be paid back to you and you purchased your Product directly from the Rombo Nexx Trackers website, it will be processed as a refund on the credit card or account which was used to purchase your Rombo Nexx If you purchased the Product from a retailer, your refund will need to be processed by them. The refund amount will be based on the advertised price that you paid for the faulty Product at the time of purchase, not including transaction fees, exchange fees or any other costs such as payments under the Forever Rombo Nexx program.

6.1.2.9. Rombo Nexx will endeavor to complete the verification process and the actions set out above within 5 business days of the receipt of the returned products. If you fail to obtain written authorization from Rombo Nexx to return a product prior to sending it back, Rombo Nexx may not process your request. The Product will be returned to you and the freight and handling charges (to you) will be covered by Rombo Nexx

6.1.2.10.         Please note that returns will only be accepted if the request meets all necessary criteria as requested and disclosed to Rombo Nexx customer service and complies with our Returns Policy (above).

6.1.2.11.         Please refer to the Terms of Use on this Website for the meaning of capitalized words and expressions not otherwise defined in this document.

7.     Contact

7.1.    With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your purchased Rombo Nexx GPS Tracker. Please contact our customer support team at support@therombogroup.com .