the small print

 

privacy policy

Bottom line: We believe that privacy is a critical part of true freedom so we will do everything in our power to keep your data private.

Consequently, we shall never use the information you leave on our website for any other purpose than communicating with you and/or processing your orders. We will not share your data with any third party. Sure, we know, sometimes government agencies put their full weight on businesses in trying to force them to disclose their customer data. But even then, we will not give it up. Not freely anyway. We shall protect your personal information as much as, or even more than, the law will allow us to. 

By extension, we do not collect your payment information. All such information is used for processing your payment by the payment solutions provider only.

 

180807 Privacy Policy V1.0

 

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returns policy

This returns policy applies to customers who bought Stinger products from the online store in this website. We are happy to help you with your product returns.

This is how it works:

  1. Product items that are damaged or missing any parts will be ineligible for a return.
  2. Stinger does not refund any services.
  3. All Stinger products you wish to return must be shipped to us in original packaging and you must have proof of purchase. Credit will be processed within 7-10 business days after receipt of your return.
  4. Please obtain from us your official Return Authorization Number (RAN) by:
  • emailing us your request - to stinger@carcomputerusa.com - and listing the serial numbers/order number.
  • calling in your request - we are available Monday-Friday 7 a.m. - 5 p.m. PST at 858-230-6665. Please keep the serial numbers/order number at hand.

Please note that we only accept return product that has an official Return Authorization Number (RAN).

 

5. The products should be sent to the address located on the RAN form you received. For us to effectively process your return, please make sure your RAN is on the outside of the package you ship to us. Please use a trackable shipping service with insurance such as FedEx, UPS, or USPS. The return shipping charge will be your responsibility. 


190211 Returns Policy V2.0

 

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repair returns policy

If you are having a technical problem with your Stinger, we ask that you please contact us for proper diagnosis before sending anything in. We are available Monday-Friday 7 a.m. - 5 p.m. PST at 858-230-6665. Or email us at:

stinger@carcomputerusa.com

 

Of course, if a repair needs to be performed, your stinger will need to be sent in. Here is how that works:

  1. If your product needs to be sent in for repair, we will issue you a Repair Return Number (RRN).
  2. The products should be sent to the address located on the RRN form you received. For us to effectively process your repair, please sure your RRN is on the outside of the package you ship too us. Please use a trackable shipping service with insurance such as FedEx, UPS, or USPS. The shipping charge will be your responsibility.
  3. After receiving your product and having diagnosed the problem we will expediently correct the problem or replace the unit if your product falls under warranty. If it is outside of warranty, we will contact you for your permission to move forward with the repair, or replacement, at the cost we will quote to you at that time.  

  

180807 Returns Policy V1.0

 

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site terms

BY USING THE STINGER WEBSITE, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE, DO NOT USE THE STINGER WEBSITE.

Ownership of Site & Agreement to Terms

These Terms of Services (the “Terms”) apply to the Stinger website to be found at https://us.stinger.com, www.stinger.com and all associated sites referenced in https://us.stinger.com by Stinger, its subsidiaries and affiliates, including Stinger sites around the world (collectively, the “Site”). The Site is the property of Carcomputer USA, Inc. (“Stinger”) and its licensors.

At its sole discretion, Stinger reserves the right to alter, remove, or add parts of these Terms, at any time. It is your responsibility to check these Terms from time to time for alterations. Your continued use of the Site will mean that also in the future you accept and agree to the alterations, even if and when the Terms have changed. If you comply with these Terms, and only for the duration that you are in full compliance with these Terms, Stinger grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Stinger or its content suppliers and protected by USA and international copyright laws and regulations. The compilation of all content on the Site is the exclusive property of Stinger and protected by USA and international copyright law. All software used on the Site is the property of Stinger or its software suppliers and protected by USA and international copyright law.

Your Use of the Site

You may use this Site and its Content only for lawful purposes. By using the Site you agree not to alter or delete any ownership notices from materials downloaded, printed or otherwise obtained from or via this Site. You agree not to alter, copy, broadcast, display, distribute, translate, perform, frame, reproduce, republish, download, display, post, transmit or sell any content available through the Site.

Furthermore, you agree not to employ any data gathering methodology such as but not limited to data mining, roboting, scraping (including screen-scraping). You agree not to do anything that may compromise the security of the Site, make the Site inaccessible to others or otherwise damage the Site or its Content.

Stinger reserves the right to bar you from accessing the Site if Stinger suspects - at its sole discretion - that you have violated these Terms.

References to Other Sites and to the Stinger Site

This Site may contain links to other independent third-party websites (“Referenced Sites”). These Referenced Sites are provided solely as a service to our visitors. Such Referenced Sites are not under Stinger’s control, and Stinger is not responsible for and does not endorse the content of such Referenced Sites, including any information or materials contained on such Referenced Sites. You will need to make your own independent judgment regarding your interaction with these Referenced Sites.

Disclaimers

The Site and all content, materials, products and services available through THE SITE ARE PROVIDED ON AN “AS IS” (INCLUDING ALL MISTAKES END DEFECTS) AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  STINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  STINGER MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM MISTAKES, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  STINGER MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

STINGER SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A STINGER EVENT OR ANY USER GENERATED CONTENT, EVEN IF STINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST STINGER FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. REGARDLESS, IF STINGER IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, STINGER'S LIABILITY SHALL NOT EXCEED EUR100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PRODUCT ORDERS

All orders placed through the Site are subject to Stinger's acceptance. This means that Stinger may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Stinger will issue you a refund.

Indemnity

You agree to indemnify, defend and hold harmless Stinger and each related party (collectively, the “Indemnified Parties“), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) (“Claim”) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any of the Terms or any policy or guidelines referenced herein, (ii) use or misuse of the Site, (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, (iv) your use or disclosure of another person’s personal, financial or credit information or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post on the Site.

Violation of These Terms

You expressly agree that Stinger may use and disclose any information we have about you (including your identity) if Stinger determines that such use and/or disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Stinger’s rights or property, or the rights or property of visitors to or users of the Site.

Also, you agree that Stinger has the right to preserve any communication by you with Stinger through the Site or any service offered on or through the Site, and also to disclose such data if required to do so by law or if Stinger determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Stinger, its employees, users of or visitors to the Site, and the public.

You agree that Stinger has the right and may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if Stinger determines that you have violated these Terms.

You agree that Stinger may, in its sole discretion and without prior notice, terminate your access to the Site, for cause.

Governing Law & Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the competent court in Florida, U.S.A.  Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.

Feedback & Information

Any feedback you provide at this site shall be deemed to be non-confidential. Stinger shall be free to use such information on an unrestricted basis.

 

180221 Stinger Site Terms USA & Canada V1.0

 

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warranty statement

(a) Two year warranty coverage

Stinger warrants the end user of The Stinger Product against defects in materials and workmanship for a period of two (2) year after the date of the original retail purchase from a channel authorized by Stinger, provided The Stinger Product is completely new and unused at the time of purchase. Stinger warrants the end user of The Stinger Product against defects in materials and workmanship for a period of six (6) months after Stinger has repaired a component of The Stinger Product.

(b) Stinger chooses the solution

If a defect exists, at its option Stinger will (1) repair The Stinger Product at no charge, using new or refurbished replacement parts, (2) exchange The Stinger Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of The Stinger Product.

(c) Required information

If you want a warranty repair to be performed you will need to send the ‘problem ‘component’ of The Stinger Product together with a description of the problem, to Stinger (possibly via your Stinger dealership). You will need to submit the following information:  Your name, address and phone number, as well as your proof of purchase of The Stinger Product.  The proof of purchase needs to contain the purchase date, a product description and the relevant Stinger serial numbers.

(d) Warranty for Stinger hardware only

This warranty applies only to hardware products manufactured by or for Stinger that can be identified by the “Stinger” trademark, trade name, or logo affixed to them.  This warranty does not apply to any non-Stinger hardware products or any software, even if packaged or sold with The Stinger Product. Non-Stinger manufacturers, suppliers, or publishers may provide their own warranties.

(e) No warranty for installation and deinstallation

The installation and deinstallation of The Stinger Product will not be covered under this warranty. Stinger shall never compensate the costs associated with the installation or deinstallation of The Stinger Product.

(f) No warranty for software

Software and computer programs that come with and/or are part of The Stinger Product are not covered under this warranty.  Refer to the Stinger Software License Agreement for more information.

(g) Exclusions for warranty

This warranty does not apply to The Stinger Product with: (a) damage caused by accident, abuse, misuse, misapplication, or non-Stinger products; (b) damage caused by service (including upgrades and expansions) not performed by Stinger or an official Stinger dealer; (c) modifications performed without the written permission of Stinger; or (d) removed or defaced Stinger serial numbers.

(h) Exclusive warranty

This warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied.  Stinger specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. No Stinger reseller, agent, or employee (other than a Stinger director) is authorized to make any modification, extension, or addition to this warranty.

(i) No liability 

Stinger cannot be held responsible for direct, special, incidental or consequential damage arising from inobservance of the guarantee provisions in this agreement or only legal theory, including, but not limited to loss of profit, production jamming, goodwill, damage to or replacement of equipment and property, costs of repair, reprogramming and reproducing of programs and data which are part of or are used in combination with The Stinger Product, and any violation of the confidentiality of data which have been stored on the concerning product. Stinger states explicitly that it cannot be guaranteed The Stinger Product under this warranty can be repaired, that programs or data cannot be lost during the service or replacement of product and within the framework of this warranty. Stinger’s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered product determined by the net invoiced price.

(j) Governing law and divisibility

This agreement will be governed by U.S.A. law. Any dispute that might arise between you and Stinger will be resolved by the competent court in Florida, U.S.A.  Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.

 

190924 Warranty Statement USA & Canada V2.1

 

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user agreement

NOTE: PLEASE READ THIS USER AGREEMENT (hereinafter "Agreement") CAREFULLY AND IN ITS ENTIRETY BEFORE PUTTING THE STINGER PRODUCT OR PART THEREOF (hereinafter "the Stinger Product"), AND CORRESPONDING SOFTWARE INTO USE.  BY USING THE STINGER PRODUCT AND CORRESPONDING SOFTWARE, YOU AGREE IRREVOCABLY AND UNCONDITIONALLY WITH THE CONDITIONS OF THIS AGREEMENT DRAWN UP BETWEEN YOU AND CARCOMPUTER USA, INC. (hereinafter "Stinger").  IF YOU DO NOT AGREE WITH THE CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT PUT INTO USE THE STINGER PRODUCT AND CORRESPONDING SOFTWARE.

1. Disclaimer

You hereby declare that you are aware of the fact that Stinger neither implicitly nor explicitly encourages and/or enables any breach of the currently applicable laws and regulations. You expressly agree that it is your responsibility at all times to remain informed of all currently applicable laws and regulations, and that it is solely your responsibility and obligation to comply with these laws and regulations. You expressly agree that you shall not hold Stinger liable or responsible for the unauthorized, unlawful and/or illegal use of Stinger Product and corresponding software, nor for any other violation of the currently applicable laws and regulations committed by you.

You declare that you shall not hold Stinger liable for any personal injury, injury or damage of a third party, directly or indirectly.  Neither shall you hold Stinger liable for damages as a result of loss of turnover, loss of data or interference to business operations, or for any other commercial and/or tax loss as a result of, or related to, your use or inability to put into use the Stinger Product and/or corresponding Stinger software, irrespective of cause, and irrespective of the grounds for liability (non-compliance, unlawful act or otherwise), even if Stinger could have been aware of the likelihood of damage.

You declare that you shall not hold Stinger liable for any form of ensuing and/or consequential damage.

2. Software License Agreement

You hereby declare to agree and be familiar with the contents of the “Stinger Software License Agreement” governing all Stinger Product software. See the Stinger Software License Agreement included with the Stinger Product and to be found at https://us.stinger.com/pages/the-small-print.

3. Warranty conditions

You agree with the following warranty conditions:

(a) Two year warranty coverage

Stinger warrants the end user of The Stinger Product against defects in materials and workmanship for a period of two (2) year after the date of the original retail purchase from a channel authorized by Stinger, provided The Stinger Product is completely new and unused at the time of purchase. Stinger warrants the end user of The Stinger Product against defects in materials and workmanship for a period of six (6) months after Stinger has repaired a component of The Stinger Product.

(b) Stinger chooses the solution

If a defect exists, at its option Stinger will (1) repair The Stinger Product at no charge, using new or refurbished replacement parts, (2) exchange The Stinger Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of The Stinger Product.

(c) Required information

If you want a warranty repair to be performed you will need to send the ‘problem ‘component’ of The Stinger Product together with a description of the problem, to Stinger (possibly via your Stinger dealership). You will need to submit the following information:  Your name, address and phone number, as well as your proof of purchase of The Stinger Product.  The proof of purchase needs to contain the purchase date, a product description and the relevant Stinger serial numbers.

(d) Warranty for Stinger hardware only

This warranty applies only to hardware products manufactured by or for Stinger that can be identified by the “Stinger” trademark, trade name, or logo affixed to them.  This warranty does not apply to any non-Stinger hardware products or any software, even if packaged or sold with The Stinger Product. Non-Stinger manufacturers, suppliers, or publishers may provide their own warranties.

(e) No warranty for installation and deinstallation

The installation and deinstallation of The Stinger Product will not be covered under this warranty. Stinger shall never compensate the costs associated with the installation or deinstallation of The Stinger Product.

(f) No warranty for software

Software and computer programs that come with and/or are part of The Stinger Product are not covered under this warranty.  Refer to the Stinger Software License Agreement for more information.

(g) Exclusions for warranty

This warranty does not apply to The Stinger Product with: (a) damage caused by accident, abuse, misuse, misapplication, or non-Stinger products; (b) damage caused by service (including upgrades and expansions) not performed by Stinger or an official Stinger dealer; (c) modifications performed without the written permission of Stinger; or (d) removed or defaced Stinger serial numbers.

(h) Exclusive warranty

This warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, express or implied.  Stinger specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. No Stinger reseller, agent, or employee (other than a Stinger director) is authorized to make any modification, extension, or addition to this warranty.

(i) No liability 

Stinger cannot be held responsible for direct, special, incidental or consequential damage arising from inobservance of the guarantee provisions in this agreement or only legal theory, including, but not limited to loss of profit, production jamming, goodwill, damage to or replacement of equipment and property, costs of repair, reprogramming and reproducing of programs and data which are part of or are used in combination with The Stinger Product, and any violation of the confidentiality of data which have been stored on the concerning product. Stinger states explicitly that it cannot be guaranteed The Stinger Product under this warranty can be repaired, that programs or data cannot be lost during the service or replacement of product and within the framework of this warranty. Stinger’s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered product determined by the net invoiced price.

(j) Governing law and divisibility

This agreement will be governed by U.S.A. law. Any dispute that might arise between you and Stinger will be resolved by the competent court in Florida, U.S.A.  Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.

4. Governing law and divisibility

This Agreement will be governed by U.S.A. law. Any dispute that might arise between you and Stinger will be resolved by the competent court in Florida, U.S.A. Should any stipulation of this Agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this Agreement shall remain in full force.

5. Complete Agreement

This Agreement contains the complete Agreement between Stinger and the end user pertaining to the use of the Stinger Product and the applicable warranty conditions and, with regard to the use of the Stinger Product and the warranty conditions, shall prevail over all previous or simultaneous Agreements pertaining to this issue. With regard to the software supplied with the Stinger Product is governed by the provisions of the Stinger Software License Agreement. Any amendments or alterations to this Agreement are only valid insofar as they have been drawn up in writing and signed by a Stinger board member.

6. Language

This Agreement has been translated into several languages to satisfy local requirements. In the event of discrepancies between the English version and other versions, the English version of the Agreement shall apply.

 

190924 User Agreement USA & Canada V3.1

 

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software license agreement

ATTENTION!  PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (hereinafter "License") CAREFULLY BEFORE USING THE STINGER PRODUCT OR PART THEREOF (hereinafter "The Stinger Product") AND THE ACCOMPANYING SOFTWARE.  BY USING THE STINGER PRODUCT AND ACCOMPANYING SOFTWARE YOU ARE IRREVOCABLY AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU SHOULD NOT USE THE STINGER AND THE ACCOMPANYING SOFTWARE.

  1. General

All Software in The Stinger Product, in the Stinger Desktop application, in the Stinger computer programs, as well as on any medium and in any form (hereinafter collectively “Software”), that comes with and/or belongs to The Stinger Product is licensed, not sold, to you by Stinger for use only under the terms of this License, and Stinger reserves all rights not expressly granted to you.

  1. Rights

The rights granted herein are limited to Stinger's intellectual property rights in and of the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Stinger retains ownership of the Software itself.

  1. Upgrades

The terms of this License will govern any Software upgrades provided by Stinger 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.

  1. Permitted License Uses and Restrictions

This License allows you to install and use one copy of the Stinger Software on a single computer at a time. The Software may be used to reproduce materials as long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof.

  1. Transfer

You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.

  1. Consent to Use of Data

You agree that Stinger, companies directly related to Stinger and Stinger agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to technical information about your computer, system and application Software, and peripherals, as well as information as to the location of The Stinger Product during the registration of speed measurements and specific characteristics of such speed measurements. Such information is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to the Stinger Software, and to verify compliance with the terms of this License. Stinger may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

  1. Stinger Services

Among other things, this Software enables you to employ on The Stinger Product certain services (including but not limited to for example ‘SpotList’ subscriptions - hereinafter collectively and individually "Services") that Stinger offers through its Stinger Desktop Application. The  use of the Software used in these Services is governed by this License. However, in order to use these Services you will be required to accept additional terms of service which will be presented to you before you can finalize the purchase of such Services.

As soon as you purchase or use a Service you agree that this Service, including but not limited to traffic (speed) measurement information, road information, radar and laser signal information, general traffic information, and material in general, contains proprietary information and material that is owned by Stinger and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. 

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever. Stinger and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Stinger be liable for the removal of or disabling of access to any such Services.  Stinger may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  1. No liability

You expressly agree with, and are fully aware, that you declare that in no event you shall hold Stinger liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Stinger Stinger Product and/or related Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Stinger has been advised of the possibility of such damages.  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You declare that you shall not hold Stinger liable for any form of ensuing and/or consequential damage.

  1. No warranty

The Stinger Software is provided "as is", with all faults and without warranty of any kind, and Stinger hereby disclaim all warranties and conditions with respect to the Stinger Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Stinger does not warrant against interference with your enjoyment of the Stinger Software, that the functions contained in the Stinger Software will meet your requirements, that the operation of the Stinger Software will be uninterrupted or error-free, or that defects in the Stinger Software will be corrected. No oral or written information or advice given by Stinger or a Stinger authorized representative shall create a warranty. Should the Stinger Software prove defective, you assume the entire cost of all necessary servicing, repair or correction.

  1. Termination

This License is effective until terminated.  Your rights under this License will terminate: a) If Stinger notifies you thereof, or b) Automatically, without notice from Stinger, if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

  1. Governing Law and Divisibility

This agreement will be governed by U.S.A. law.  Any dispute that might arise between you and Stinger will be resolved by the competent court in Florida, U.S.A.  Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.

  1. Complete Agreement and Governing Language

This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a Stinger director.  Any translation of this License is done for local requirements and in the event of a dispute between the English and another version, the English version of this License shall govern.

 

190924 Software License Agreement USA & Canada V3.1

 

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stinger usa general terms

 

‘Stinger’ is a trade name of ‘Carcomputer USA, Inc’, registered in the state of California, USA.

  1. General

1.1 These ‘trade terms and conditions’ apply to all offers, quotations, distributor contracts, sales contracts and joint ventures of Carcomputer USA (‘Carcomputer’) to and/or with Buyers (hereinafter 'Buyer') concerning the delivery of Stinger Products and services. These ‘trade terms and conditions’ also apply to agreements other than sales contracts, insofar as these agreements are not governed by other special conditions.

1.2 All stipulations in these ‘trade terms and conditions’ apply to the relationship between Carcomputer and Buyer, as well as companies or other kinds of organizations that are at Buyer’s arm’s length, and/or have the same directing minds as Buyer.

1.3 References made by Buyer to other trade terms and conditions shall not result in their applicability. Carcomputer expressly declines the applicability of trade terms and conditions imposed by Buyer. Buyer hereby expressly agrees with this stipulation at the time of ordering any product or service from Carcomputer.

1.4 In the event of a continued relationship between Carcomputer and Buyer, Buyer will be deemed one of Carcomputer’s ‘selective resellers’.

1.5 In the event of a continued relationship between Carcomputer and Buyer, these trade terms and conditions need not be declared applicable again.

1.6 Agreements between Carcomputer and Buyer shall only be valid if written in the English language.

1.7 Stipulations deviating from these trade terms and conditions shall only apply if agreed on in writing by a Carcomputer board member and Buyer’s representative.

  1. Offers

2.1 All offers made by Carcomputer are free of obligation and valid for a period of fourteen (14) days, unless agreed otherwise in writing.

2.2 Agreements between Carcomputer and Buyer are effected by means of a written order confirmation by Carcomputer, and/or Carcomputer announcing execution of activities in writing. Undertakings made by Carcomputer representatives are solely binding on the part of Carcomputer if confirmed in writing by Carcomputer.

2.3 Carcomputer is entitled to amend its prices up to the moment of invoicing.

  1. Delivery

3.1 The agreed delivery date is never a firm date, unless expressly agreed otherwise in writing by Carcomputer and Buyer.  In the event of an overdue delivery, Buyer must issue Carcomputer with a written notice of default, observing a reasonable delivery term of at least thirty (30) working days following the notice of default (the delivery period). At no time is Buyer entitled to claim damages in the event of Carcomputer exceeding the delivery period.

3.2 Although the technical specifications and all Carcomputer communications, including catalogues, brochures, folders, adverts, websites, letters and e-mails have been drawn up by Carcomputer to the best of its knowledge and ability, they are nevertheless estimates and approximations of reality.  Buyer shall only be entitled to dissolve this agreement in the event of significant deviations affecting the operation of the products in which case neither party is entitled to compensation.

3.3 Carcomputer is entitled to refuse to accept orders placed by Buyer or, if already accepted, reject delivery if i) acceptance and/or implementation is in direct conflict with (new) laws and regulations, ii) Buyer has failed to meet his obligations towards Carcomputer pursuant to this agreement and/or these trade terms and conditions, and/or iii) Buyer has acted wrongfully against Carcomputer.

  1. Transport

4.1 Unless expressly agreed otherwise in writing, Buyer will bear all transportation costs.

4.2 All transports of Stinger Products from Carcomputer to Buyer are insured by Buyer, unless expressly agreed otherwise in writing.

4.3 All risks for loss and damage to Stinger Products purchased by Buyer, pass to Buyer at the time of transportation.

  1. Liability

5.1 Subject to the warranty obligations formulated in the "Warranty conditions" included with all Stinger Products and/or on www.stinger.com, Buyer declares not to hold Carcomputer liable for damage incurred by Buyer or third party, caused during the delivery of Stinger Products and/or services.

5.2 Buyer declares that Carcomputer shall not be liable for any form of ensuing and/or consequential damage.

5.3 Carcomputer can only be held liable if a claim is submitted in writing within five (5) working days following the damage and is subject to the other limitations set forth in the Distributor/Dealer Agreement, if a Distributor/Dealer Agreement between Carcomputer and Buyer exists.

5.4 If Buyer resells and/or redelivers the products purchased from Carcomputer, Buyer is obliged to take out appropriate insurance to cover all risks arising from resale or delivery.

5.5 As soon as Buyer puts a Stinger Product into use, Buyer automatically and expressly agrees with the "User agreement" included with that product and/or on https://us.stinger.com or such other web site as is licensed by Carcomputer to Buyer. Furthermore, Buyer shall require that all resellers and end users adopt and approve such User Agreements.

5.6 Buyer hereby declares that he is aware of the fact that Carcomputer neither implicitly nor explicitly encourages and/or enables any breach to the currently applicable law and regulations. Buyer expressly agrees that it is the responsibility of Buyer and its customers at all times to remain informed of all currently applicable laws and regulations, and that it is solely the responsibility and obligation of Buyer and his customers to comply with these laws and regulations. Buyer expressly agrees that it shall not hold Carcomputer liable or responsible for the unauthorized, unlawful and/or illegal use of Stinger Products, Carcomputer DSI Computer and corresponding Carcomputer General and corresponding software, nor for any other violation of the currently applicable laws and regulations committed by Buyer.

5.7 Buyer expressly agrees that Carcomputer shall not be held liable or responsible for any personal injury, injury or damage of a third party, directly or indirectly. Neither shall Carcomputer be held liable for damage as a result of loss of turnover, loss of data or interference to business operations, or for any other commercial and/or tax loss or any other commercial and/or tax loss as a result of, or related to, the use or inability to put into use of the Stinger Products and/or corresponding software, irrespective of cause, and irrespective of the grounds for liability (non-compliance, unlawful act or otherwise), even if Carcomputer could have been aware of the likelihood of damage.

5.8 Buyer expressly agrees that Carcomputer shall compensate neither Buyer nor the end user for installation and/or de-installation of the Stinger Product in any case. Buyer agrees to always test the Stinger Product for correct functioning before installing the Stinger Product or having it installed by a third party. Buyer agrees to clearly communicate to its resellers that they must always test the Stinger Product for correct functioning before installing the Stinger Product and Buyer agrees to include a stipulation to that end in the trade terms between Buyer and its resellers.

5.9 Buyer agrees to indemnify and hold Carcomputer and its directors, officers, employees, agents and affiliates harmless against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities, expenses and reasonable attorney’s fees on account thereof resulting from, arising out of, or in connection with any acts or omissions of Buyer or any of Buyer’s personnel in connection with their activities under this Agreement.  This Section 5.9 shall survive termination, expiration or cancellation of any Distributor/Dealer Agreement between Carcomputer and Buyer.

 

  1. Claims

6.1 Buyer must immediately notify Carcomputer in writing in the event of shortages. If shortages are not immediately reported, or if Buyer has signed the consignment note, Buyer is no longer entitled to demand delivery and/or claim for damages.

6.2 Carcomputer must in any case be given the opportunity to examine complaints as to their correctness and accuracy. Buyer is not entitled on the grounds of complaints pertaining to a certain product or service to postpone or refuse payments of other products or services. At no time can Buyer hold Carcomputer liable for loss of profits arising from any claim.

  1. Guarantee

7.1 The warranty conditions included with the Stinger Product or found on www.stinger.com are applicable.

7.2 Carcomputer does not warrant Buyer or end user against defects in materials or workmanship of the installation of the Stinger Product.  Carcomputer shall compensate neither Buyer nor the end user for installation and/or de-installation of the Stinger Product, even if installation and/or de-installation is needed due to defects in materials or workmanship of the Stinger Product which are covered under the official warranty of the Stinger Product.

  1. Payment and security deposit

8.1 Unless expressly agreed otherwise in writing, payment for Stinger Products must be made prior to delivery and in accordance with the terms of the Distributor/Dealer Agreement, if a Distributor/Dealer Agreement between Carcomputer and Buyer exists.  

8.2 In the event of invoiced payments, Carcomputer is entitled at all times to demand that Buyer provides sufficient security, irrespective of whether a payment term has been agreed. Should Buyer fail to provide sufficient security, Carcomputer is entitled to suspend deliveries pursuant to any agreement.

8.3 Should Buyer fail to meet in full or in a timely fashion his obligations regarding deliveries under the agreement concluded between Carcomputer and Buyer, Carcomputer shall be entitled to defer fulfillment of the agreement(s) and/or to dissolve this agreement without giving a notice of default or judicial intervention in full or in part with immediate effect. In this case, Carcomputer is not obliged to compensate Buyer, notwithstanding Carcomputer's right to damages. In the event of above-mentioned dissolution, the debt(s) owed to Carcomputer relating to these deliveries are immediately payable on demand. Carcomputer is additionally entitled in such an event to defer deliveries pursuant to other agreements, irrespective of whether Buyer has satisfied his obligations under the relevant agreement.

8.4 Should Buyer fail to meet in full or in a timely fashion his payment obligations, Buyer will be charged interest on the outstanding amounts from the due date equal to the 12 month ‘interbank interest rate’ plus 5 percentage points, on an annual basis. Buyer will furthermore be charged all judicial and extra-judicial costs, including costs incurred by Carcomputer for legal assistance and legal advice. Extra-judicial costs amount to 15% of the owed sum without prejudicing Carcomputer's right to additional debt collection charges and without prejudicing Carcomputer's other claims to reimbursement of costs and damage.

  1. Software property and software license

9.1 All software belonging to (one of the components of) Stinger Products purchased by Buyer from Carcomputer remain the property of Carcomputer.  Buyer solely purchases the media containing the software and/or hardware that contains no Stinger software, not the software itself.

9.2 If Buyer puts into use the Stinger Product, he will be furnished with the corresponding software under license, and Buyer automatically and expressly agrees with the 'Software License Agreement' delivered with the product and/or found on https://us.stinger.com.

  1. Retention of title

10.1 Until the full purchase price has been settled, Carcomputer has full ownership of all products delivered to Buyer. If Carcomputer has carried out paid work on the delivered products on behalf of Buyer, the retention of title shall remain in force until Buyer has also satisfied this claim. The retention of title shall also apply as long as Buyer has not settled his debts arising from a failure to perform his duties, including interest, costs and fines.

10.2 Payments owed by Buyer serve first and foremost to pay overdue interest and costs owed by Buyer, as well as payments which are due and payable and most overdue, irrespective of whether Buyer has specified that the payment relates to a later or other invoice.

10.3 Should Buyer fail to satisfy all the obligations contained in its agreement with Carcomputer in a full or timely fashion, Carcomputer is entitled to take back the products delivered under retention of title and, if Buyer does not allow access, to gain access to the area(s) in which the products are stored. Where necessary, Carcomputer is irrevocably authorized to access these areas, irrespective of location. Buyer will be issued with a credit note for the market value of the relevant products, which shall not exceed the original invoiced purchase price, less costs of redemption.

10.4 With regard to the delivered products that have been passed into the ownership of Buyer following payment and are still in the possession of Buyer, Carcomputer reserves a right of pledge. Buyer declares that he is authorized to pledge these products, unless Buyer declares otherwise in a written notification to Carcomputer within five (5) working days following the invoice date for the relevant products, in which case Carcomputer is entitled to defer all further deliveries to Buyer and/or dissolve the agreements, and take back all products delivered under ownership rights.

10.5 The Buyer is not permitted to pledge the products delivered by Carcomputer to a third party or to grant rights to a third party, with the exception of the provisions of 10.6.

10.6 Buyer is entitled to sell and deliver to a third party those products delivered under retention of title as part of his normal business operations.

  1. Labels, specifications, trademarks and product

11.1 Buyer is not entitled to remove, damage and/or alter any labels and type and identification specifications applied to the products.

11.2 Buyer hereby declares to use the 'Stinger' brand and other trademarks and/or type specifications used by Carcomputer solely in connection with products marketed by Carcomputer under the Stinger label, and not to use them in connection with other products or brands. All rights to the trademarks used by Carcomputer will remain with Carcomputer, thus do not transfer to Buyer in any way.

11.3 Buyer is not entitled to copy, reproduce or modify the Stinger Product in any way, or have that done through a third party.

  1. Force majeure

12.1 Carcomputer is entitled at all times to defer delivery of products and/or services in the event of force majeure on the part of Carcomputer, without being obliged to pay damages.

12.2 Carcomputer is entitled to invoke force majeure if Carcomputer is hindered in fulfilling its obligations or preparations thereof as a result of circumstances beyond the control of Carcomputer. These include extreme weather conditions, fire and storm damage, theft, transport delays, unforeseen circumstances hindering suppliers or other third parties acting on behalf of Carcomputer, government measures, and all other circumstances affecting Carcomputer's normal business operations.

  1. Kind of businesses served and internet sales

13.1 Buyer expressly agrees not to, directly or indirectly, export the Stinger Product.

13.2 In the event that Buyer violates article 13.1, Carcomputer may immediately terminate its deliveries to Buyer, upon which Buyer will not have any right to claim damages against Carcomputer. Carcomputer will have the right to claim damages against Buyer for, including, but not limited to, potential image damages and trading losses.

13.3 Without the written consent of Carcomputer, Buyer is not allowed to, directly or indirectly, sell the Stinger Product via the internet.

  1. Declaration of nullity

14.1 In the event that any of the stipulations of these trade terms and conditions are declared null and void, the remaining stipulations will remain unimpaired.

14.2 Any invalid stipulation is regarded as replaced by a valid stipulation which is as close as possible to the economic and commercial meaning and purpose of the replaced stipulation.

  1. Governing law and dispute resolution

15.1 All agreements between Carcomputer and Buyer are governed by Florida, USA, law.

15.2 Parties expressly agree to submit to the jurisdiction of the courts of Florida, USA, for the purpose of determining any matter or dispute in connection with or arising out of these General Terms. Unless otherwise elected by Carcomputer, all such disputes shall be handled exclusively by such courts.  This, however, shall not limit Carcomputer’s right to initiate proceedings against Buyer in any other jurisdiction. If any action in law or equity is brought concerning these General Terms, the prevailing Party shall, in addition to all other relief, recover all reasonable costs and attorney fees through trial and all appeals.

 

190924 General Terms Stinger USA V2.0