Command Terms

Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Good Sportsman’s Marketing, LLC (“Good Sportsman’s Marketing, LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Stealth Cam Command mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).

Accounts and membership

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Mobile Application is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.

Accuracy of information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other mobile applications

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Good Sportsman Marketing, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Good Sportsman Marketing, LLC. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Good Sportsman Marketing, LLC or Good Sportsman Marketing, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Good Sportsman Marketing, LLC or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Good Sportsman Marketing, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Good Sportsman Marketing, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Good Sportsman Marketing, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Good Sportsman Marketing, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will send you an email to notify you. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or write a letter to 5250 Frye Road, Irving, Texas, 75061

This document was last updated on January 28, 2020

 

 

 

 

 

 

 

 

TERMS and CONDITIONS
Service Agreement
last modified June 9, 2020

 

THIS SERVICE AGREEMENT (this “Agreement”) is made and effective as of the date Customer (“Customer”) purchases the Services provided pursuant to this Agreement.

WHEREAS, Good Sportsman Marketing, LLC. (herein referred to as “GSM”), offers access to and use of services from wireless and application service providers (the “Services”), and Customer desires to receive such Services, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual agreements set forth below, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. RELATIONSHIP
   1. Customer hereby engages GSM to provide cellular connectivity and application services (herein referred to as ‘Services”) and GSM hereby accepts such engagement.
   2. Customer orders submitted through the GSM portal will be binding upon GSM upon written confirmation or provisioning of the Service.

This Agreement shall commence on the date the customer creates their account with GSM on the Stealth Cam Command mobile application and automatically renew each billing period until terminated with written notice of non-renewal.

1. CUSTOMER COMMITMENTS. Customer agrees:
   1. They will supply accurate information in the account set­up and will keep their contact information current;
   2. That the Services are used in connection with carrier approved equipment and applied to machine-to-machine (“M2M”) communication systems with such equipment installed within the selected wireless service provider

1. CUSTOMER ACKNOWLEDGES and agrees that:
   1. GSM is not responsible for the selection, supply, installation, operation, or maintenance of any Devices or other equipment or software owned or licensed by the customer and used in connection with the Services.
   2. GSM or its network provider partners may interrupt the Services at any time without any liability on its part, when Customer fails to comply with any of its obligations under this Agreement, or where necessary to prevent the improper or unlawful use of the Network.
   3. Customer is not acquiring services for the purposes of re-licensing, resale or redistribution without integration with other products and/or services;
   4. GSM reserve the right to make improvements to or correct any error or omissions in any portion of the Network, which may or may not affect Customer’s access to the Network.
2. SERVICE LEVELS AND DEPENDENCIES
   1. GSM shall use commercially reasonable efforts to ensure the service is available 24 hours a day, 7 days a week, except for any unavailability caused by circumstances beyond GSM‘s control, including without limitation acts of nature or government intervention.
   2. GSM is authorized to provide Services by the network providers, but Services remain dependent upon that provider continuing to provide and support its network and that authorization.
   3. Customer acknowledges that service may experience issues due to interruption of the service provider network and is available only within the applicable plan coverage areas, within operating range of wireless systems and with Equipment authorized by the provider to operate on its network.
3. SUPPORT SERVICES
   1. Support for your device, setup procedures, SIM or data plan status can be obtained at [email protected] or by calling 1-888-508-5922
   2. Any questions related to your wireless service or charges to the account should be forwarded by emailed to [email protected]
4. PRICING AND BILLING
   1. All prices quoted on the site are valid for Orders placed at that time and may be subject to change at any time.
   2. Prices are subject to correction for clerical and typographical errors.
   3. Prices are exclusive of duties, fees, tariffs or other governmental charges which may be applied to any Order. Such amounts are payable by Customer and will be reimbursed to GSM at its cost if paid by GSM.
   4. Customer agrees to pay a recurring fee in accordance with the defined service plan and payment method. Such fees are charged in advance for data and application services and in the arrears for actual usage that exceeds a plan’s allotment.
   5. Deactivated service prior to the end of a billing cycle will result in a usage fee (if applicable) up to the date of deactivation. Any pre-paid fees will be forfeited.
   6. Services added during the month are pro-rated for the number of days active and billed on the next bill cycle date.
   7. Services may be or become subject to sales, use, value added, excise or other taxes. Customer agrees to pay such amounts when due.
5. PAYMENT TERMS

1. Payment for services will be in U.S. Dollars.
2. Fees paid are not refundable under any circumstances.
3. Past due amounts will be subject to interest at the rate of the lesser of 1.5% per month or the highest rate allowed by applicable law.
4. Customer agrees to reimburse GSM for all costs of collection incurred by GSM in connection with the enforcement of this Agreement.

1. TERMINATION OR SUSPENSION – this agreement may be terminated or suspended for the following reasons:
   1. By mutual written agreement of the parties.
   2. By GSM if Customer fails to pay any fees or other amount as and when due; or its agreement with the network provider expires or terminates for any reason.
   3. By either party upon 30 days’ prior written notice of a material breach of this Agreement (except in the case of non-payment by Customer, which is addressed in Section 9(c) above), unless the breaching party cures the breach within such 30 day period.
   4. By either party if the other party (A) makes a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy or any petition or answer seeking, consenting to, or acquiescing in reorganization, arrangement, adjustment, composition, liquidation, dissolution or similar relief; (B) is the subject of an involuntary petition in bankruptcy or other insolvency protection that is not dismissed within 60 days after filing thereof; (C) is the subject of the appointment of a receiver for all or any portion of its assets or business, or (D) is unable to pay its debts as they become due.
2. DISCLAIMER OF WARRANTIES.
   1. GSM warrants that it will provide the Services in a professional manner, in keeping with industry standards applicable to the Services. But makes NO representations, warranties, covenants or guarantees relating to:
      1. network transmission capacity;
      2. whether data will be transmitted in an uncorrupted form;
      3. the security of any transaction, communication, facility or service;
      4. the fault tolerance of the Services or the suitability of same for high risk activities;
      5. the compatibility of the Services or the facilities (including SIMs/Devices and associated firmware and software) with Company’s use, including Company’s content, data, programs or transmissions; or
      6. any warranty relating to Devices shall be that of the manufacturer or supplier of such items to Company and/or Subscriber.
   2. Coverage locator maps depict predicted and approximate wireless coverage. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Even within a coverage area, there are many factors, including customer’s equipment, terrain, proximity to buildings, foliage, and weather that may impact service.
3. IMDEMNIFITION
   1. Unless caused by the negligence of GSM, Customer shall indemnify and hold harmless the Underlying Carrier supplying services to GSM, and its officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, infringement of copyright, or personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use, failure to use, or inability to use the access telephone number. This indemnity shall survive the termination of the Agreement.
4. EXCLUSION OF LIABILITY FOR PLAN SERVICES
   1. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and that customer is not a third-party beneficiary of any agreement between GSM and the underlying carrier. Customer understands and agrees that plan services are subject to and controlled by tariffs, and the laws, rules and regulations of the United States and other governmental authorities which may have jurisdiction. Customer understands that the plan services may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain or other natural or artificial conditions or due to modifications, upgrades, relocation and repairs of transmission network. Neither GSM or the network service provider shall be responsible for such interruptions not the inability to use the plan services within or outside any territory. The network provider cannot guarantee the security or network transmissions and will not be liable for any lack of security related to the use of the provider network. Customer acknowledges and agrees that the underlying carrier and its affiliates and contractors shall have no legal, equitable or other liability of any kind to customer and customer hereby waives any and all claims or demands therefore.
5. LIMITATIONS ON LIABLITY
   1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, FOR ANY AMOUNTS REPRESENTING THEIR RESPECTIVE LOSS OF PROFITS; LOSS OF BUSINESS; INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF) ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATED TO THE USE OF ANY PRODUCTS OR SERVICES FURNISHED HEREUNDER, WHETHER THE BASIS OF THE LIABILITY IS BREACH
6. COMPLIANCE
   1. Each Party confirms and agrees to maintain compliance with all laws and regulations applicable to it in any way related to the Services. Customer agrees to supply to GSM such information regarding the usage of the Plan Services by Customer and any End Users as the wireless network provider may legally require of GSM.
   2. Customer acknowledges that the Services are subject to U.S. export regulations and may be subject to import regulations of other countries. Customers agrees to fully comply with all such regulations applicable to its use of the Services. Each Party confirms and agrees to maintain compliance with all laws and regulations applicable to it in any way related to the Products or the Agreement, including, without limitation, labor laws and regulations and anti-bribery laws such as the U.S. Foreign Corrupt Practices Act.
7. AUTHORIZED DISCLOSURES
   1. GSM disclosures to the wireless network provider and government authorities of information related to use of the Plan Services by Customer and End Users as legally required of GSM are hereby authorized by Customer.
8. GOVERNING LAW AND VENUE
   1. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Texas, without regard to principles of conflicts of law. Jurisdiction of any litigation with respect to this Agreement shall be in Texas, with venue in a state or federal court of competent jurisdiction located within the geographic boundaries of Tarrant County, Texas.
   2. Customer waives their right to a Trial by Jury for any dispute arising under or related to this Agreement.
   3. All claims arising under this Agreement must be commenced within one year of termination or expiration of this Agreement or when the claim arose, whichever is shorter.
9. GENERAL
   1. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be given by electronic delivery.
   2. GSM may make changes in these Terms from time to time by notifying customers via email and posting updated terms on its website.
   3. Parties agree that notices provided to the other related to the Agreement will be valid if sent by email to the authorized address (notwithstanding any failure of the recipient’s email system, spam filters or similar impediments) or regular U.S. mail as set forth in the Agreement or in the account. Emails constitute writings and electronic facsimiles of original signatures constitute written approval for purposes of the Agreement.

This Agreement supersedes all previous agreements between GSM and the Customer, whether oral or written, regarding subject matter hereof.