Orbit Protect General Disclaimer
General Warnings and Usage Tips
THE SERVICES ARE NOT REPLACEMENTS FOR 911 OR ANY OTHER PUBLIC EMERGENCY SERVICES. IF YOU ARE IN IMMEDIATE DANGER, SUFFERING A MEDICAL EMERGENCY OR THE VICTIM OF A CRIME, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES IMMEDIATELY AND DO NOT RELY ON THE SERVICES.
The Orbit Protect devices are intended for individuals over 12 years old.
- Orbit Protect devices are NOT life-saving devices and are not replacements for calling emergency services. In case of an emergency, you should always contact your local emergency services right away, if you are able. Orbit Protect has the ability to contact emergency services, however, for a variety of reasons, such ability cannot and is not guaranteed by Orbit Protect to function each and every time it is activated.
– Orbit Protect devices work via a Bluetooth® connection to a smartphone and the Orbit Mobile Software Application. The Orbit Protect devices will NOT work if the corresponding Mobile Software Application has not been installed on a fully-charged device, such as a smart phone or tablet, or when that device is not within the Bluetooth® range of the Orbit Protect device. Furthermore, Orbit Protect must be paired by Bluetooth® with a smart phone or tablet with a true internet connection (cellular or Wi-Fi) to be able to send alerts.
– When the Orbit Protect device alarm is activated, an alert is sent out to the user’s trusted contacts. Think carefully about whom to invite in this personal Safety Circle.
Equipment and Usage Warnings
– The Orbit Protect devices are sensitive electronic products and may be damaged if overheated, dropped, burned, punctured or crushed, or exposed to liquids. Handle the Orbit Protect devices with care. In the event an Orbit Protect device becomes damaged, use should be immediately discontinued.
– Do not open an Orbit Protect device or try to repair it yourself. If your Orbit Protect device is damaged or malfunctions, contact Orbit at email@example.com
ASSUMPTION OF THE RISK; DISCLAIMERS OF WARRANTY AND LIABILITY
Assumption Of The Risk
You knowingly and voluntarily assume the risks of any environment and/or activity you place yourself in, whether by your own free will or otherwise, while using the Orbit Protect device and any and all software designed, developed, distributed, and/or otherwise made available by Orbit, including but not limited to the Orbit Protect Safety Circles and first-responder notification mobile software application as well as a built in microphone telecom application for users of the Orbit Protect device (collectively referred to as the “Orbit Protect App” or “App”). Always be aware of your surroundings and utilize common sense, even when wearing a Orbit Protect device as the Orbit Protect device and App is not a replacement for emergency services and should not be treated as such.
Disclaimers Of Use
The Orbit Protect devices and App are designed to be used exactly as described in detail on the Web site – findorbit.com – and in any instructions you might receive with your Orbit Protect devices or App. Orbit Protect will not be responsible in any manner for any injury, death or other damages that may occur while using a Orbit Protect device and/or any and all software designed, developed, distributed, and/or otherwise made available by Orbit Protect, including but not limited to the Orbit Protect App.
Except as otherwise expressly stated in the Orbit Protect Limited Warranty, no express or implied warranties of any type, including but not limited to implied warranties of merchantability or fitness for a particular purpose, are made regarding the Orbit Protect devices and its related App. While Orbit intends for the Orbit Protect devices and any and all software designed, developed, distributed, and/or otherwise made available by Orbit Protect Inc., including but not limited to the Orbit App, to function as advertised, their functioning may not always be uninterrupted or error-free. THEREFORE, ANY WARRANTIES THAT THE ORBIT PROTECT DEVICES AND/OR THE ORBIT APP SHALL FUNCTION UNINTERRUPTED AND ERROR-FREE AT ANY TIME, INCLUDING BUT NOT LIMITED TO IN EMERGENCY SITUATIONS, ARE EXPRESSLY DISCLAIMED. Furthermore, Orbit does not make any warranties as to the results that may be obtained from the use of the Orbit Protect devices and/or the Orbit App.
Limitation Of Liability
NEITHER Orbit Protect Inc. NOR OUR PARTNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER ARISING FROM AND/OR RELATED TO THE USE OR MISUSE OF ANY ORBIT DEVICE AND/OR ANY ORBIT APP, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, ALLERGIC REACTIONS, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF BUSINESS AND/OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The use of the Orbit Protect devices AND the Orbit App is subject to further disclaimers and limitations of liability as set forth in the Terms of Sale, Terms of Service and Orbit Protect’s Limited Warranty.
PLEASE NOTE THAT THIS GENERAL DISCLAIMER MAY BE UPDATED, MODIFIED OR OTHERWISE CHANGED FROM TIME TO TIME BY Orbit Protect IN ITS SOLE DISCRETION SO YOU ARE ADVISED TO REVIEW THIS GENERAL DISCLAIMER PERIODICALLY. ANY SUCH CHANGES SHALL ONLY APPLY TO ANY SERVICES PERFORMED FOR OR RENDERED TO YOU ON OR AFTER THE DATE OF ANY SUCH CHANGE.
DATE OF LAST UPDATE: July 18, 2019 (subject to further changes)