Effective date: March 1, 2024
Welcome to CRMR Technology. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the services, please contact us at:
Email: [email protected]
Phone: (732) 272-4445
Address: 511 Golden Harbor Ln, Boca Raton, FL 34787
These Terms of Use (the “Terms”) are a binding contract between you and CRMR Technology, Inc. (together with its affiliates and subsidiaries, including Canyon Runner Consulting, LLC and Spindrift & Company Enterprises LLC “Canyon Runner”, “CRMR,” “we”, and “us”). Your use of the Services in any way means that you agree to all of these terms, and these terms will remain in effect while you use the Services. These terms include the provisions in this document as well as those in the Privacy Policy (https://canyonrunner.com/privacy-policy) and the Copyright Dispute Policy in the “what if I see something on the services that infringes my copyright?” Section of these terms. Your use of or participation in certain services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such services, you agree to also comply with these additional terms.
Please read these terms carefully. They cover important information about services provided to you and any charges, taxes, and fees we bill you. These terms include information about future changes to these terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. Please note that your use of and access to our services are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
Arbitration Notice and Class Action Waiver:
Except for certain types of disputes described in the Arbitration Agreement Section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Definitions
“VC” means the Virtual Captain system, including the telematics, monitoring, and data transmission devices and services, as well as the web browser-based and mobile-based applications for the usage and display of the data emanating from the devices as well as other third party data, including weather, buoy location, wreck locations, among others.
Will these terms ever change?
We are always trying to improve our services, so these terms may need to change along with our services. We reserve the right to change the terms at any time, but if we do, we will place a notice on our site located at canyonrunner.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these terms will be effective unless in writing and signed by both you and us.
What about my privacy?
We take the privacy of its users very seriously. For the current Canyon Runner privacy policy, please click here https://canyonrunner.com/privacy-policy.
Installation of the VC
You are responsible for the installation and maintenance of the VC on your vessel. You recommend that you regularly inspect your VC after installation is complete and give us notice in writing of any problems with the installation.
Commencement of Services
We will provide the Services upon mutual agreement following purchase of the VC, or upon commencing Coaching Services with Canyon Runner. The initial term of this Agreement shall be one (1) month. The initial term will start on the date the VC has been installed and CRMR confirms that the requested communications connections have been activated. THE TERM OF THIS CONTRACT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE MONTH RENEWAL TERMS UNLESS EITHER PARTY GIVES WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN-CURRENT TERM.
By purchasing the VC, you represent that you are at least 18 years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You must: (a) provide true, accurate, current and complete information about themselves as prompted by the Service's registration form and (b) maintain and promptly update the such data to keep it true, accurate, current and complete. You may receive or create a password and account designation during the account opening or login process. You are responsible for maintaining the confidentiality of the password and account designation, and are fully responsible for all activities that occur under the password or account.
The VC and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The VC and any related or underlying software shall remain the sole property of the CRMR and by registering for the VC you acquire a limited right to access and use the VC in accordance with these Terms and any other terms, conditions or policies referred to herein.
Insurance Notifications
Some insurance companies may provide a discount or enhanced coverage upon proof that you have installed the VC and agreement to share certain data and information on an ongoing basis (we make no representation or guaranty that such a discount or enhanced coverage will be available). You hereby authorize us to provide information about the Agreement and data and information emanating from your usage of the VC to your current and prospective insurance companies and insurance brokers.
Payment Terms
You are responsible for paying all charges resulting from the Services provided under this Agreement by credit card or method of payment as mutually agreed upon by you and us. SUBSCRIPTION PLANS REQUIRE A VALID CREDIT CARD ON FILE WITH AUTHORIZATION TO CHARGE THE CARD FOR SERVICES PROVIDED. SUBSCRIPTION PLANS ARE AUTOMATICALLY RENEWED FOR THE PREVIOUS TERMS. IF YOU HAVE A SUBSCRIPTION, WE WILL NOTIFY YOU OF THE UPCOMING CHARGES TO YOUR ACCOUNT PRIOR TO THE RENEWAL DATE ON THOSE PLANS. YOUR CREDIT/DEBIT CARD WILL BE CHARGED FOR EACH SUBSCRIPTION AT THEIR CURRENT RATE UNLESS YOU CALL TO CANCEL, WHICH CAN BE DONE BY CALLING CRMR AT 732.272.4445. The charges will be based upon the Services you have selected and any applicable tax. We may impose a one-time late charge on each payment that is more than ten days past due, which shall be the lesser of $5.00 or the highest amount permitted by law. We may increase our charges after the end of the initial term (but not more than once during any renewal term) by giving you thirty (30) days prior written notice.
Tracking, Monitoring, and Communication Services
Upon activation your VC will provide GSM, cellular and/or the satellite-based tracking, monitoring, and communications services. The tracking, monitoring, and communications services depend upon one or more communications networks that engage in two way communication of data, reports, and tracking information generated by the VC. Communications service on the VC may be interrupted or delayed due to a variety of possible conditions and circumstances beyond our control. Such delays and interruptions could result in the failure of transmission of email messages, text messages, or alerts to or from the VC. WE ARE NOT RESPONSIBLE FOR PROVIDING ERROR-FREE OR INTERRUPTION-FREE SERVICES.
Services associated with the VC
When your VC generates a message or alarm signal concerning engine problems or maintenance needs, we will endeavor to have a CRMR technician contact you to assist in interpreting the data that has been generated. Should you experience an engine problem or maintenance need, you can phone our call center at 732.272.4445 or send an email to [email protected] to communicate with a CRMR technician. The information provided by our CRMR technicians is intended only as a convenience and is provided AS IS. We do not warrant that the information provided will be accurate or error free or will lead to the successful repair of your vessel.
Privacy
Our Privacy Notice is incorporated into this agreement by reference. You agree to its terms and agree that we may use and share information about you or your vessel as described therein. You further agree that we may: (a) process information about you and your vessel for any purpose identified in the Privacy Notice or reasonably related to provision of the VC and related services; (b) transfer information about you and your vessel to any country where we or our affiliates, service providers or business partners do business, as further described in the Privacy Notice; (c) share information about you and your vessel as described in the Privacy Notice, including with any recipient reasonably necessary to provide the VC and related services, respond to actual or perceived emergencies, cooperate with law enforcement and government agencies, comply with law or legal process, upon your consent, provide you with enhanced insurance coverage or a discount and protect the vital interests of individuals and/or CRMR, its affiliates, business partners and service providers. If you share your user name, password or other log-in credentials to access VC services and information with anyone you do so at your own risk; sharing your user name, password or other log-in credentials may constitute a violation of this Agreement. Any use or disclosure you make of information made available to you thorough the VC and www.canyonrunner.com is done solely at your own risk.
Limited Warranty
We warrant that for a period of twelve (12) months from the date of installation of the VC on your vessel the equipment provided shall be free from defects in material and workmanship. Any claim for defect in material or workmanship shall be submitted promptly in writing by email to: [email protected]. The email shall include an explanation of the circumstances leading to the claim. Upon receipt and verification of the claim and upon our taking possession of the defective equipment, we shall cause action to be taken to correct such defect by repair or replacement with a turnaround time for such corrective action taking no more than twenty one days from the date we take possession of the equipment. Our liability under this warranty is limited to repair or replacement of defective parts, and that liability shall in no case exceed the initial purchase price of the applicable equipment.
Disclaimer of Warranties
EXCEPT AS STATED IN THE LIMITED WARRANTY ABOVE, THE EQUIPMENT AND SERVICES OFFERED HEREUNDER ARE PROVIDED “AS IS” AND WE OFFER NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY OR GUARANTY (1) THAT THE VC OR OUR SERVICES WILL PROTECT YOU OR YOUR VESSEL FROM DAMAGE, PERSONAL INJURY, OR HARM; (2) THAT THE DATA AND INFORMATION COMMUNICATED PURSUANT TO THE EQUIPMENT AND THESE SERVICES WILL REMAIN PRIVATE AND SECURE; (3) THAT WE WILL REPAIR ANY DEFECT OR PROBLEM WITH YOUR VESSEL; (4) THAT YOU WILL RECEIVE NOTIFICATION OF ALL ENGINE DEFECTS OR OTHER PROBLEMS WITH YOUR VESSEL; OR (5) THAT THE VC OR THESE SERVICES WILL PREVENT ANY LOSSES DUE TO VESSEL ENGINE PROBLEMS, NATURAL DISASTERS, CRIMINAL OR WRONGFUL ACTS OF THIRD PARTIES, WEATHER CONDITIONS, INTERRUPTIONS OF SERVICE, OR OTHER CONDITIONS OR CIRCUMSTANCES.
Limitation of Liability
Our liability to you for any failure arising out of this Agreement, the services provided hereunder, and the VC is limited to, and shall not exceed, your annual coaching membership fee. WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) RELATING TO THIS AGREEMENT OR RESULTING FROM YOUR USE OR INABILITY TO USE THE VC, FROM THE TECHNICAL AND CONCIERGE SERVICES PROVIDED HEREUNDER, OR FROM OUR PERFORMANCE OF, OR FAILURE TO PERFORM, ANY SERVICES CONTEMPLATED BY THIS AGREEMENT, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, STRICT LIABILITY, OR NEGLIGENCE, EVEN IF WE HAD BEEN NOTIFIED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration
All claims and disputes between us arising out of this Agreement, the services provided hereunder, or the VC shall be decided by arbitration in accordance with the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association unless the parties agree otherwise. Venue in any arbitration matter shall be appropriate in the State of Florida. This provision shall be specifically enforceable in any court of competent jurisdiction. By entering into this Agreement, you and we are waiving the right to a trial by jury or to participate in a Class Action suit.
- Notice of Demand. Notice of demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the applicable statute of limitations would bar institution of a legal or equitable proceeding based on such a claim, dispute or other matter in question.
- Binding Decision. The award rendered by arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
Termination
We may, at our option, terminate this Agreement without liability to you if you fail to make any payment when due and such failure continues for ten (10) days after we give written notice to you or if you otherwise fail to comply with any of your obligations under this Agreement. You agree to reimburse us for the reasonable attorneys fees and costs we incur in collecting any amounts owed hereunder.
Assignment
You may not assign this Agreement, or any of your rights and duties hereunder, without our written consent. Any such attempted assignment will be void. We reserve the right to assign this Agreement or to subcontract any of our obligations hereunder without prior notice to or approval from the subscriber.
Governing Law
This Agreement shall be governed by the laws of Florida without regard to any conflicts of law rules.
Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Entire Agreement
This Agreement and the purchase order contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements or representations between the parties.