ORBCOMM^® Terms and Conditions

Terms and Conditions

By using any ORBCOMM website, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). You also acknowledge that you have read and understood the Privacy Policy located at www.orbcomm.com/privacy-policy, which is incorporated herein by reference.

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For purposes of these Terms of Use, “ORBCOMM” means ORBCOMM Inc., ORBCOMM LLC, ORBCOMM EUROPE B.V., ORBCOMM EUROPE GMBH ORBCOMM CANADA, INC., ORBCOMM IRELAND, LTD. and their respective subsidiaries and affiliates.

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ORBCOMM reserves the right, at its discretion, to update or revise these Terms of Use. Please check the Terms and Conditions periodically for changes. Notice of material changes affecting user rights will be provided by posting an updated version on this page and revising the “Last Updated” date. Your continued use of the website following such changes constitutes acceptance of the updated Terms.

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These Terms may be superseded by more specific terms or agreements where expressly applicable. Whenever you are asked to fill in information or enter into online agreements (such as our cookie consent form), you represent and warrant that the information filled in is current, complete and accurate information and if you are entering the contract on another's behalf, notably the corporation you belong to, that you have the right, capacity and power to be binding that other person. Use of that information is governed by the Privacy Policy.

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IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS WEBSITE.

PRIVACY AND DATA PROTECTION

ORBCOMM’s collection and use of personal information through this website is governed by its Privacy Policy, which describes the categories of personal information collected, purposes of use, retention practices, user rights, and how to exercise those rights under applicable law.

COOKIES

This website uses only necessary, session-based, and visitation cookies required for core functionality and security. Where required by law, users are provided with the ability to reject all cookies other than those that are strictly necessary.  

USE OF THE WEBSITE

You may use this website only for lawful purposes and in accordance with these Terms. ORBCOMM may restrict, suspend, or terminate access to the website at any time, with or without notice, for any reason or no reason, to the maximum extent permitted by law.

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ORBCOMM Web sites are accessible via the World Wide Web which is independent of our Web site and more generally of ORBCOMM. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. ORBCOMM shall have no liability for any information or service obtained by you on the World Wide Web.

MONITORING AND CONTENT CONTROL

ORBCOMM is not obligated to monitor content but may do so where reasonably necessary to comply with law, protect the security of its systems, or enforce these Terms.

INTELLECTUAL PROPERTY

All content on this website is owned by or licensed to ORBCOMM and is protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.

LINKS TO THIRD-PARTY WEBSITES

This website may contain links to third-party websites. ORBCOMM does not control and is not responsible for third-party content, availability, or practices. Access to third-party websites is entirely at your own risk.

DISCLAIMER OF WARRANTIES

THE WEBSITE, ITS CONTENT, AND ANY RELATED SERVICES OR MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

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ORBCOMM MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, ACCESSIBLE, TIMELY, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE WEBSITE.

LIMITATION OF LIABILITY  

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

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• ORBCOMM SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM, LOSS, DAMAGE, COST, OR EXPENSE ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ITS CONTENT, OR ANY LINKED THIRD-PARTY WEBSITE.
• THIS INCLUDES, WITHOUT LIMITATION, ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, SYSTEM FAILURE, OR SECURITY BREACH.
• LIABILITY IS DISCLAIMED REGARDLESS OF LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ORBCOMM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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IF LIABILITY CANNOT BE COMPLETELY DISCLAIMED UNDER APPLICABLE LAW, ORBCOMM’S TOTAL AGGREGATE LIABILITY SHALL BE ZERO OR, IF ZERO IS NOT PERMITTED, THE MINIMUM AMOUNT REQUIRED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ORBCOMM and its affiliates from any claims, losses, damages, or expenses arising out of your use of the website or violation of these Terms or applicable law.

CHILDREN’S USE

This website is not directed to children under the age of 18, and ORBCOMM does not knowingly collect personal information from children.

DIGITAL MILLENNIUM COPYRIGHT ACT

DMCA notices should be submitted to ORBCOMM’s designated agent:

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General Counsel – 22970 Indian Creek Drive, Ste 300, Sterling, Virginia 20166

Email – legal@orbcomm.com  

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Commonwealth of Virginia and applicable U.S. federal law, without regard to conflict-of-law principles. Except as otherwise required by applicable law, any dispute shall be brought exclusively in the state or federal courts located in Loudoun County, Virginia.

EU ADDENDUM (EEA, UK, AND SWITZERLAND USERS)

If you are located in the European Economic Area, the United Kingdom, or Switzerland:

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• Nothing in these Terms limits or excludes any rights you have under the General Data Protection Regulation (GDPR) or applicable consumer protection laws.
• Any limitation or exclusion of liability applies only to the extent permitted by applicable law.
• You retain the right to bring claims before the courts of your country of residence where mandatory law so provides.
• Information about personal data processing, lawful bases, retention, and international transfers is provided in the Privacy Policy.

CALIFORNIA ADDENDUM (CALIFORNIA RESIDENTS)

If you are a California resident:

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• Nothing in these Terms limits your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CCPA/CPRA).
• ORBCOMM will not discriminate against you for exercising your privacy rights.
• Information regarding categories of personal information collected, purposes of use, retention, and how to exercise your rights is provided in the Privacy Policy.
• ORBCOMM does not sell personal information and does not share personal information for cross-context behavioral advertising, as defined under CPRA, except as disclosed in the Privacy Policy.

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