Dashcam Pre-Order Terms of Service

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Last Updated March 1, 2022

Introduction

These Pre-Order Terms and Conditions (Full Payment) (these “Terms”) govern the placing of pre-orders (each, a “Pre-Order”) with Hivemapper, Inc. (“Hivemapper”, “we”, or “us”) for the Hivemapper Dashcam (the “the Dashcam”) where you make full payment at the time of your Pre-Order. By submitting your Pre-Order, you agree to be legally bound by these terms. Please read them carefully before submitting your Pre-Order.

Placing a Pre-Order

When you place your Pre-Order, you will be charged the discounted price set forth in your Pre-Order, plus taxes, shipping, and any other governmental charges. Your placing a Pre-Order constitutes your express agreement for us to charge such amounts to your provided payment method. These Terms do not constitute an agreement for your purchase of the Hivemapper Dashcam. Your purchase is subject to our standard Refund Policy and Terms of Sale, which can be found in the footer of the checkout page.
In order to place a Pre-Order, you will need to provide certain information, including your name, address, email address, billing information, and shipping information. It is your responsibility to ensure your information is accurate and up to date. If we do not have accurate information, we will not be able to keep you informed. You may change your information at any time before we notify you that your order is ready to ship by updating it in Shopify.

Order Process

When the Hivemapper Dashcam becomes available for shipment, we will notify you at the email address that you have on file with us on Shopify and the Hivemapper Dashcam(s) will be shipped to the shipping address that you have on file with us on Shopify. No further action is required by you to complete your order. If we are unable to commence shipping the Hivemapper Dashcam on or before the one-year anniversary of your placing the Pre-Order, we will cancel your Pre-Order and process a full refund to you.

Cancellation

You may cancel your Pre-Order through Shopify to receive a refund of your payment for any reason or no reason at any time before we notify you that your Hivemapper Dashcam(s) is ready to ship. We may cancel your Pre-Order for any reason or no reason at any time before your Hivemapper Dashcam(s) ship. If we cancel your Pre-Order, we will notify you and refund you payment. If your Pre-Order is canceled or forfeited, you may no longer be eligible to purchase the Open Dashcam at a discounted price.

No Resellers

Pre-Orders are not transferable. Hivemapper may unilaterally cancel any Pre-Order that we believe is intended for resale or has otherwise been made in bad faith, or if we cancel production, discontinue the Hivemapper Dashcam, or otherwise become unable to fulfill Pre-Orders.

No Guarantees

No Guarantees of Production Schedule or Device Configuration. Placing a Pre-Order does not guarantee you any priority over other purchasers and there is no guarantee as to shipping date based on your Pre-Order. You understand that, at the time of your Pre-Order, we may not have completed the development or manufacturing, or determined all of the specifications, features and appearance, of the Hivemapper Dashcam. You understand that the expected production schedule or configuration may change before the Hivemapper Dashcam is shipped to you.

Limitation of Liability

Under no circumstances will Hivemapper be held liable for any incidental, special, consequential, or punitive damages arising out of or related to these Terms or your Pre-Order. In the event that Hivemapper is held liable for any damages arising out of or related to these Terms or your Pre-Order, your sole and exclusive remedy will be the full refund of your payment without interest.

Privacy

The information you provide in connection with your Pre-Order will be subject to ourPrivacy PolicyandTerms of Service.

Governing Law; Disputes

All claims arising out of or relating to these Terms or your Pre-Order will be governed by California law, without regard to conflict of law rules. Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in San Francisco, California, USA, before one arbitrator administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Hivemapper agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in San Francisco County. You consent to personal jurisdiction in those courts and waive any right to a jury trial.

Miscellaneous

We retain the right to change or modify these Terms at any time. We will provide you with notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your Pre-Order and receive a refund. We may transfer our rights and obligations under these Terms to another organization, and any such transfer will not affect your rights or our obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason a court finds any portion of these Terms to be unenforceable, the remainder shall continue in full force and effect. These Terms represent the entire agreement governing your Pre-Order. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.