Use of Site
You may access the Site and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code and/or other works that you see, hear or otherwise experience on the Site (collectively, the “Content”), solely for your non-commercial, personal purposes and/or to learn about M2M Technologies products and services.
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individual on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of M2M TECHNOLOGIES or any third party; or
impersonates any person or entity, including any of our employees or representatives.
In order to access some of the services on the Site, as applicable, you may be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. You are responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify M2M TECHNOLOGIES immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by M2M TECHNOLOGIES or any other user or visitor to the Site due to someone else’s use of your Registration Data, as a result of your failing to keep your account information secure and confidential. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Third Party Sites and Information
The Site may link you to other independent third-party websites or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under M2M TECHNOLOGIES’s control, and M2M TECHNOLOGIES is not responsible for and does not endorse the content of such linked sites. You acknowledge that M2M TECHNOLOGIES is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is M2M TECHNOLOGIES responsible for errors or omissions in any references to other parties or their products or services. The inclusion of such a link or reference is provided merely as a convenience and does imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Content available through the Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with M2M TECHNOLOGIES. M2M TECHNOLOGIES does not endorse, nor is M2M TECHNOLOGIES responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized M2M TECHNOLOGIES spokesperson speaking in his/her official capacity.
Neither we nor our suppliers transfer to you any right, title or interest in any copyright, trade marks, patents or other intellectual property rights in or relating to the Goods.
Disclaimer of Warranties
M2M TECHNOLOGIES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS,” “ASAVAILABLE,” AND “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE M2M TECHNOLOGIES WEBSITES IS WITH YOU. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. M2M TECHNOLOGIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT M2M TECHNOLOGIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. M2M TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. M2M TECHNOLOGIES MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE. M2M TECHNOLOGIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY M2M TECHNOLOGIES SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR EXCLUSIVE REMEDY AGAINST M2M TECHNOLOGIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE M2M TECHNOLOGIES WEBSITES OR FROM M2M TECHNOLOGIES, ITS SUBSIDIARIES OR ITS AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. M2M TECHNOLOGIES DISCLAIMS ALL EQUITABLE INDEMNITIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
IN NO EVENT WILL M2M TECHNOLOGIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, EVEN IF M2M TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED NEW ZEALAND (NZD$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE(INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE STIE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF M2M TECHNOLOGIES HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
M2M TECHNOLOGIES SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that M2M TECHNOLOGIES may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the M2M TECHNOLOGIES’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, and hold M2M TECHNOLOGIES, its officers, directors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all liabilities, claims, and expenses (including attorneys’ fees), made against M2M TECHNOLOGIES by any third party due to or arising out of in connection with your use of the Site.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site, as applicable, immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. M2M TECHNOLOGIES shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by use in connection with such termination or suspension.
You may not use or export or re-export any Content or any copy of adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation New Zealand export laws and regulations.
Copyright © 2018 M2M Technologies Limited. All rights reserved. Updated on September 10, 2018.