Betaar3 Embedded Solutions, the provider of Betaar3 SmartServices© has posted these Terms and Conditions for your benefit. These Terms and Conditions (“Terms”) govern the use of this website as well as the relationship between Betaar3 Embedded Solutions (“Betaar3” or “Us”) and its customers (“you”). These Terms are binding on you and your use of the website or service constitutes acceptance of these terms. If you do not accept these terms you must immediately leave this website or cancel your service per the paragraph titled “Cancellation”. Betaar3 reserves the right to change, modify, update or revise these terms from time to time with our without notice to you. Please refer back to this page periodically to ensure you are up to date on the most current terms.
Third Party Terms:
The use of Betaar3 services may include the use of or access to third party services, data, websites, tools, etc (“third party offerings”). The use of those third party offerings is governed by the terms of those providers in addition to the terms of Betaar3. Those third party terms where applicable are included in this agreement by reference. This includes but is not limited to third party offerings provided by Teleatlas, Decarta and Custom Weather.
Use of the service requires signing an applicable service contract for a minimum of at least one year. Actual services provided and fees are outlined in the contract and will become part of the total agreement between you and Betaar3. Your service contract and these terms constitute the entire agreement between you and Betaar3.
By signing up for the service you agree for Betaar3 to bill you monthly for your subscription. Some fees (such as implementation, activation or start up charges) may be due in full at the beginning of your contract. See contract for details specific to your account. You agree to pay all charges in full and on time when due as specified in your bill including all taxes, fees and other charges whether incurred by you, an employee or anyone else who has access to your handset or account. You agree to provide Betaar3 with a valid credit card (Visa, MasterCard or American Express) or be billed monthly. Monthly billing is at the discretion of Betaar3 and subject to creditworthiness. In any event, regardless of the method of payment you agree that Betaar3 may run a credit check at any time or from time to time as we deem necessary to validate your creditworthiness.
You agree to be subject to then current billing terms in event when each bill is issued. If you dispute any charges or bill you must notify us of your dispute of the charges within 60 days of your receipt of the bill or charges in question. Failure to do so constitutes a wavier of your right to dispute unless prohibited by law in the state where you are billed. Late payments are subject to a 1.5% per month unless prohibited by law in which case you will be subject to the highest amount allowed by law in the state where you are billed.
Betaar3 may at any time agree to partial payments, scheduled payments or some other payment arrangement without limiting our rights to collect all amounts due to us. If you fail to may a payment for 60 days, your financial institution dishonors or returns for insufficient funds your check or credit card Betaar3 reserves the right to 1) disable or terminate your service and account as well as terminate all obligations of Betaar3 under your agreement, 2.) Charge you a $20.00 fee or next highest amount as allowed by law 3.) Refer your account to collections and charge you for any fees associated with the collections process.
Use of Service:
Use of the Service is subject to these Terms. Betaar3 is not responsible for any results that occur from your decision on how, when or where to use or not use the service.
You are responsible to drive safely, observe traffic rules and use sound, personal judgment when driving. Routes provided through the use of the services are suggestions. Final decision to use or not use a route rests with you. Betaar3 is not liable for results of your choice to use or not use a suggested route. You are also responsible to determine if the service is instructing you to follow an unsafe or illegal route, travel into an unsafe area or situation, or otherwise put you, your passengers or others at risk for harm, injury, death or loss of any kind. You should not follow such instructions if you have reason to suspect that such may occur. You further agree to indemnify and hold harmless Betaar3 and any third party suppliers should you choose to use the service at any other time other then when your vehicle is stationary and parked. You acknowledge that at no time has Betaar3 recommended that you input data, operate functions or perform actions with regard to the device or service while your vehicle is in motion. Betaar3 is not responsible for any use of the service while driving, or any consequences that result should you chose to use the service while driving.
You are responsible for purchasing the necessary GPS-enabled handset and wireless service from the list of approved carriers and handsets (see http://www.betaar3smartservices.com for a list of carriers and handsets approved for use with the services). You are responsible for ensuring that the handset and all accessories used in conjunction with the service are placed so that they will not interfere with driving and will not prevent operation of any safety device (such as the airbag) in the vehicle. Betaar3 is not responsible for any damage to persons or property as a result of your failure to properly install or use any handset or accessories to access or operate the service.
Betaar3 cannot guarantee the security of the service or the transmission of data or information to and from your handset and your office PC or to and from your handset/PC and our servers. Betaar3 will not be responsible in the event of any breach of any of its security systems.
You acknowledge that the map database used for the Betaar3 service may not always be accurate or reflect reality, due to, incorrect map data from the map provider, road closures, construction, weather, new roads and other changing conditions.
You may not use the service for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms. You agree to use the service solely for your own business or personal use, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
If Betaar3 suspects or has proof that your information is untrue, inaccurate, not current or incomplete, then Betaar3 reserves the right to suspend or terminate your account and refuse any and all use of the service both now and in the future.
You agree that any dispute, claim or controversy arising out of or relating to these terms, or to the service, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (“AAA”). The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The decision of the arbitrator shall be binding upon both parties. These Terms and the performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Alameda, California.
This agreement to arbitrate also requires you to arbitrate claims against other parties relating to services provided or billed to you, including third party suppliers of services or data and our retail dealers, if you also assert claims against us in the same proceeding.
Before filing for arbitration, you agree to provide Betaar3 with an opportunity to resolve your claim or dispute by contacting us in writing with a description of your claim or dispute to the following address: Betaar3 Claim Department 4142 Stevenson Blvd Fremont, CA. 94538. Further you agree to negotiate with us in good faith regarding your claim or dispute. If we are unable to resolve your claim or dispute within 30 days after receipt of your written notice, then you or Betaar3 may initiate arbitration in lieu of suing in court. You must serve our Claims Department at the address listed above in order to begin arbitration proceedings. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) You and Betaar3 agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and Betaar3 agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.
As part of your agreement to arbitration you waive any right to a class action whether in court or through arbitration. You and Betaar3 may only initiate a claim or dispute in an individual manner and not as a class member, representative or other similar capacity. The foregoing not withstanding, if a court or arbitrator decides in the course of a claim or dispute that the wavier of class action or status is invalid or unenforceable under applicable law, then the arbitration agreement is considered void and you and Betaar3 agree that such claim or dispute will be subject to a court of appropriate jurisdiction. Regardless not claim or dispute may be brought to small claims court.
You and Betaar3 agree that should any claim or dispute be filed whether in arbitration or court (as provided above) that all parties waive their right to a jury trial to resolve the claim or dispute.
The application you subscribe to through Betaar3 uses your current GPS-enabled handset and wireless carrier to provide you the service. You and NOT Betaar3 are responsible for any use of minutes, charges for minute overages, telephone toll charges including, but not limited to long distance, roaming, access fees, service charges and/or taxes assessed by your wireless carrier while using the service.
Betaar3 reserves the right to cancel your use of the service, at any time, for any or no reason and without notice and assumes no liability to you upon such cancellation, other than to provide you with a refund for prepaid, unused monthly fees if cancellation is done without cause. In no event will Betaar3 be obligated to provide a refund if cancellation was for cause. You may cancel the service up to 15 (fifteen) days after initiating service and pay only the implementation or setup charges. There is a cost to Betaar3 to set up each customer that is incurred regardless of whether the customer chooses to continue with the service or not. As such, that implementation charge is non-refundable. If you wish to cancel the service after the 15 day trial period then you will pay implementation charges plus a $100 USD per phone cancellation fee. To cancel you must contact us either through one of our dealers or directly either in writing to Betaar3 Customer Support 4142 Stevenson Blvd Fremont, CA. 94538 or through our trouble ticket tool at
Subject to your compliance with these Terms and your applicable service contract, Betaar3 hereby grants to you a personal, non-exclusive, non-transferable license: (i) to download or otherwise copy the Betaar3 SmartServices client software onto your GPS-enabled handset and/or office Personal Computer (“PC”) and (ii) to use the SmartServices® client software on the installed handset or PC in order to access and use the service. This license shall terminate upon any termination of these Terms or any suspension, termination or cancellation of your access to the service. Except for the limited license expressly granted herein, Betaar3 shall own all right, title and interest in and to the SmartServices® software, including without limitation all intellectual property rights therein. You shall not reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the SmartServices® software, or part thereof, or otherwise attempt to derive the source code, libraries or structure of the SmartServices© software, without the prior express written consent of Betaar3. You shall not remove from the SmartServices® software, or alter, any of Betaar3’ or its third party suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings. You shall not distribute or otherwise transfer the SmartServices® software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Betaar3, ITS LICENSORS AND SUPPLIERS, OR AGENTS OR EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE OR THE SMARTSERVICES® SOFTWARE. THE ENTIRE RISK ARISING FROM YOUR USE OR PERFORMANCE OF THE SERVICE, THE SMARTSERVICES® SOFTWARE AND CONTENT REMAINS WITH YOU.
THE SERVICE AND SMARTSERVICES® SOFTWARE ARE PROVIDED TO YOU “AS IS.” Betaar3 AND ITS LICENSORS AND SUPPLIERS (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USE OR RESULTS TO BE OBTAINED FROM THE SERVICE OR SMARTSERVICES® SOFTWARE, OR THAT USE OF THE SERVICE OR SMARTSERVICES® SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Temporary interruptions of the service may occur from time to time. Betaar3 while exercising reasonable efforts to prevent such occurrences, will in no event be liable for any financial or other damages due to such interruptions. Some States do not allow certain warranty exclusions, so to that extent the above exclusions may not apply.
Limitation of Liability:
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Betaar3 and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, expert witness fees, etc. arising out of or in connection with your use of the service, the SmartServices® software or use or possession by you of the third party offerings.
We may assign all or part of our rights or duties under the Agreement with or without notice to you and such assignment will not be considered a change to the Agreement, except to the extent provided by law. We are then released from all liability in regard to the agreement. You may not assign the Agreement without our prior written consent of Betaar3. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.
Notices and Customer Communications:
Severability and Survivability:
Each section of these terms is considered individual and independent of the others. To the extent that any such section is held invalid or unenforceable then (a) the ruling authority should be construed to reflect the intentions of parties with regard to that section. (b) the remainder of the sections will continue in full force and effect.
Our ability to collect unpaid amounts and to pursue collections actions in a court of appropriate jurisdiction shall survive the cancellation or termination of this agreement.
Ability to Enter Contracts:
By agreeing to the terms you represent that you are of legal age to enter an agreement in the US and that you have the legal capacity to be bound by this agreement. If you are agreeing to these terms on behalf of a company then you represent that you have the legal right to obligate the company and all employee users to the terms of this agreement. Furthermore, you agree to be personally liable for all accounts and amounts due under this agreement if it should be determined that you do not have the right to enter into this agreement on behalf of the company you represent.
This agreement is subject to the laws of the State of California and specifically excludes the UN Convention on Contracts and/or any foreign law.
Access to the services may be subject to and dependent upon a credit check or other applicable method of determining creditworthiness.
If we do not enforce our rights under any section of this agreement it does not constitute a waiver of those rights. Betaar3 may choose to enforce those rights at a later time as it determines.
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