the small print
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 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.
Ownership of Site & Agreement to Terms
These Terms of Services (the “Terms”) apply to the Stinger website to be found at www.stinger.com, www.stinger.com/us, and all associated sites referenced in www.stinger.com by Stinger, its subsidiaries and affiliates, including Stinger sites around the world (collectively, the “Site”). The Site is the property of Carcomputer B.V. (“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.
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 U.S., Dutch, E.U. and international copyright laws and regulations. The compilation of all content on the Site is the exclusive property of Stinger and protected by U.S., Dutch, E.U. and international copyright law. All software used on the Site is the property of Stinger or its software suppliers and protected by U.S., Dutch, E.U. 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.
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.
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.
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 Stinger without regard to its conflicts of Stinger provisions. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
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 International V1.0
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 B.V.. (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.
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 www.stinger.com.
3. Warranty conditions
You agree with the following warranty conditions:
9. 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.
10. Governing law and divisibility
This agreement will be governed by E.U. and Dutch law. Any dispute that might arise between you and Stinger will be resolved by the competent court in The Netherlands. 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.
11. 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.
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.
180221 User Agreement International V1.0
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.
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 (Carcomputer B.V.) for use only under the terms of this License, and Stinger reserves all rights not expressly granted to you.
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.
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.
4. 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.
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.
6. 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.
7. 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.
8. 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. You expressly agree with article 7.21 BW (Dutch Civil Law Code) not being applicable.
9. 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.
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.
11. Governing Law and Divisibility
This agreement will be governed by Dutch law. Any dispute that might arise between you and Stinger will be resolved by the competent court in The Netehrlands. 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.
12. 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.
180221 Software License Agreement International V1.0