4
TERMS OF USE
FCC STATEMENT
This Device complies with Part 15 of the FCC Rules. Operation is subject to the following two
conditions: (1) This device may not cause harmful interference, and (2) the device must accept any
interference received, including interference that may cause undesired operation.
NOTE: THE MANUFACTURER IS NOT RESPONSIBLE FOR ANY RADIO OR TV INTERFERENCE
CAUSED BY UNAUTHORIZED MODIFICATIONS TO THIS EQUIPMENT. SUCH MODIFICATIONS
COULD VOID THE USER AUTHORITY TO OPERATE THE EQUIPMENT.
All rights reserved. This handbook must not be reproduced in any form, even in excerpts, or
duplicated or processed using electronic, mechanical or chemical procedures without written
permission of the publisher. This handbook may contain mistakes and printing errors. The
information in this handbook is regularly checked and corrections made in the next issue. We accept
no liability for technical mistakes or printing errors, or their consequences. Al trademarks and patents
are acknowledged.
LACROSSE TECHNOLOGY, LTD., ("LA CROSSE") PROVIDES A WIRELESS REMOTE
MONITOR FOR DETECTING WATER, WIND, RAIN, MOTION, TEMPERATURE, AND
HUMIDITY (THE "PRODUCT"), INTERNET SERVICES, AND SEPARATE SERVICE
EXPANSION OPTIONS FOR THE PRODUCT SUBJECT TO THE TERMS AND CONDITIONS
SET FORTH IN THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT"). PLEASE READ
THE TERMS OF THIS AGREEMENT CAREFULLY. AS USED IN THIS AGREEMENT, "YOU"
AND "YOUR" REFER TO THE PERSON AND OR ENTITY USING THE PRODUCT. BY
CLICKING THE "AGREE" CHECKBOX, YOU ARE AGREEING TO BE BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
YOU WILL NOT BE ABLE TO CONTINUE. NOTWITHSTANDING THE FOREGOING, USING
THE PRODUCT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
1.
DISCLAIMER
YOU AGREE THAT ALL USE OF THE LA CROSSE DATA AND ANY
OTHER CONTENT AVAILABLE THROUGH THE LA CROSSE PRODUCT OR SERVICE
SHALL BE AT YOUR SOLE RISK. LA CROSSE PROVIDES ALL DATA ON AN "AS IS,"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF
INFORMATIONAL CONTENT, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. LA
CROSSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR
THROUGH LA CROSSE PRODUCT OR SERVICES. LA CROSSE MAKES NO
REPRESENTATION OR WARRANTY: (i) AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF DATA; (ii) THAT THE
DATA WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-
FREE MANNER; OR (iii) THAT ERRORS OR DEFECTS RELATED TO THE PRODUCT
OR SERVICE WILL BE CORRECTED; (iv) THAT THE PRODUCT OR THE SERVICE
WILL NOT BE DISABLED, COMPROMISED OR CIRCUMVENTED; (v) THAT THE
PRODUCT OR SERVICE WILL PREVENT ANY LOSS OF PROPERTY OR PERSONAL
INJURY; AND (vi) THAT THE PRODUCT AND SERVICE WILL IN ALL CASES PROVIDE
THE DETECTION FOR WHICH IT IS INSTALLED. LA CROSSE ALSO DOES NOT
WARRANT THAT THE DATA IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR
USE IN ANY PARTICULAR JURISDICTION. LA CROSSE MAKES NO WARRANTY
THAT THE SERVICES OR PRODUCT, OBTAINED OR PURCHASED, WILL MEET
YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE PRODUCT WILL BE
CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. IN ADDITION, LA CROSSE MAKES NO EXPRESS OR
IMPLIED WARRANTIES, GUARANTEES, AND IT SHALL HAVE NO RESPONSIBILITY
OR LIABILITY WHATSOEVER TO YOU OR ANY OTHER PERSON OR ENTITY,
PARTIES AND NON-PARTIES ALIKE, FOR ANY INCONSISTENCY, INACCURACY, OR
OMISSION FOR DATA, RSS FEEDS, WEATHER, OR EVENTS PREDICTED OR
DEPICTED, REPORTED, OCCURRING, OR OCCURRED. YOU ARE ADVISED AND
INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS,
ADVISORIES, BULLETINS, AND OTHER COMMUNICATIONS CONCERNING SERIOUS
WEATHER. YOU SHOULD KEEP ADVISED OF THE SAME. YOU ARE SOLELY
RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR
PROPERTY. YOU BEAR THE ENTIRE RISK AS TO THE USE, QUALITY, AND
PERFORMANCE OF THE PRODUCTS AND THE SERVICES.
2.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL LA CROSSE, ITS SUPPLIERS, OR LICENSORS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF
GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR LOSS OF
PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS AGREEMENT,
THE USE OF THE DATA, OR THE PERFORMANCE OR NONPERFORMANCE OF THE
PRODUCT OR SERVICES REGARDLESS OF THE FORESEEABILITY THEREOF. IN
NO EVENT SHALL LA CROSSE TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE
AMOUNT OF MONIES PAID FOR THE PRODUCT AND ANY EXPANSION OPTIONS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
3.
TERMINATION
This Agreement may be terminated if situations are out of our control
at any time for any reason by La Crosse.
4.
AMENDMENT AND MODIFICATION
La Crosse may amend or modify the terms of
this Agreement at any time for any reason without your consent and such amendment or
modification will be binding.
5.
EVENTS BEYOND LA CROSSE CONTROL
La Crosse shall not be held responsible
for any failure or malfunction in power or communications nor the failure or refusal of any
third party, including without limitation, third party transmission intermediaries to perform,
continue, or renew their contractual arrangements with La Crosse, nor the inability to
perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events
beyond the control of La Crosse.
6.
ASSIGNMENT
La Crosse may assign this Agreement without your consent.
7.
JURISDICTION AND DISPUTES
This Agreement shall be construed and enforced in
accordance with the laws of the State of Minnesota. Should it be necessary to institute an
action to enforce any of the terms contained in this Agreement, you agree said action shall
and must be instituted in Hennepin County District Court, State of Minnesota. You hereby
waive any and all defenses based on lack of personal jurisdiction or forum non
convenience, and any right to recover statutory attorneys' fees.
8.
ENTIRE AGREEMENT
This Agreement, the Web site Terms & Conditions, and the
Privacy Policy state the parties' entire agreement and understanding of the subject hereof,
and supersede all prior understandings and agreements. Any prior agreements or
understandings between the Parties are null and void.
9.
SURVIVORSHIP
The requirements and limitations set forth in Sections 1 and 2 of
this Agreement shall survive termination of this Agreement for any reason.
DISCLAIMERS
(1) La Crosse Technology, LTD. ("La Crosse") provides various alert services to aid users. La
Crosse shall not be liable for accuracy, usefulness or availability of data transmitted via the
service. Users are solely responsible for damages to persons or property by service use. (2)
Service providers may charge users for alert services. Standard messaging and data rates apply
and will be billed to the customer's wireless account. Customers may be unable to receive text
messaging or data service in some areas due to unavailability of service. (3) La Crosse shall not
be liable for any damages or warranty issues that may incur from altering property (plumbing) to
accommodate the temperature monitoring hardware. Users are solely responsible for damages to
persons or property by use of the hardware installation kit.
PRIVACY POLICY
La Crosse Technology Ltd. (“La Crosse”) is committed to protecting the privacy of your personal
information. This Privacy Policy was created to ensure the confidence of visitors (“you” or “your”) to the
lacrossealertsmobile.com website (the “Site”). This Privacy Policy also demonstrates our commitment to fair
information practices and the protection of your privacy.
Types of Information Collected
1. Personal Information
If you register to use this Site, you will be requested to share personal information such as your name,
company name, postal address, e-mail address, phone number, zip codes, and other personal information
(“Personal Information”) in order to subscribe to access and use this Site and receive information. Our credit
card processor will also request a credit card number from you for payment for products purchased on this
Site. Our credit card processor shall be solely responsible for collecting and processing your credit card
number. La Crosse does not collect, store, or process any credit card numbers. If you communicate with us
by email or complete online forms, we will require Personal Information that personally identifies you. La
Crosse will also request your email address, mailing address, and phone number to: (i) have someone
contact you for additional information; or (ii) in response to your request for information from us. With the
exception of your primary email address, Personal Information can be updated at any time through your
User Dashboard. If you need to amend your email address, you will need to create a new user account
because each email identification serves as the unique identifier for that user.
2. Information from Children
La Crosse does not knowingly solicit or collect information from persons under 13 years of age (“children”).
While there is no age limit to use the Site, we ask that children not submit information to us without the
consent of a parent or guardian. When we e-mail information to you, we will provide instructions that show
you how to unsubscribe from receiving further e-mails. If your child requests to receive information from La
Crosse without your knowledge, follow the instructions in our e-mail to cancel the request immediately.
Parents can also contact La Crosse to access, change, or delete any personal information submitted by
their child.
3. Other information: “Cookies”
La Crosse may collect information about you and your use of the Site whenever you visit this Site. This data
helps us analyze and improve the usefulness of the information we provide at the Site and the performance
of the Site. For example, we may collect various forms of information such as entry and exit points for the
Site (i.e., referring URLs or domains), site traffic statistics, and operating system and browser type
(collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but
is helpful for marketing purposes or for improving your experience on the Site.
In addition, when you request pages on our Site, our servers may automatically log your IP address. An IP
address is a number that is automatically assigned to your computer whenever you are surfing the Web. La
Crosse may store some information on your computer in the form of a “cookie” or similar file to help us
maintain and improve this Site in many ways.
A “cookie” is a small amount of data that is transferred to your browser by a Web server and can only be
read by the server that gave it to you. It functions as your identification card, recording such things as
Internet addresses, passwords, and preferences. It cannot be executed as code or deliver viruses. With
most Internet browsers, you can erase “cookies” from your computer hard drive, block all “cookies,” or
receive a warning before a “cookie” is stored. The “Help” portion of the toolbar on most browsers will tell you
how to prevent your browser from accepting new cookies, how to have the browser notify you when you
receive a new cookie, or how to disable cookies altogether. Please refer to your browser instructions to
learn more about these functions. Enabling cookies allows you to take full advantage of the features on the
La Crosse Site and we recommend that you leave them turned on. If you elect to block the cookies, we will
not be able to provide you with a personalized experience on our Site.
4. Use of Information Collected
La Crosse may use Personal Information to contact you when necessary. We use your e-mail address only
to the extent necessary to send alerts and to follow up on specific questions requiring information from us.
Visitors that give us their telephone numbers online will only receive telephone contact from us to send text
message alerts and respond to information requests. We may use non-identifying and aggregate
information to better design our website and to share with service providers.
5. Sharing Personal Information
La Crosse will not sell, rent, share, monitor, edit, or disclose any Personal Information, including its contents
or your use of this Site, without your prior consent. However, La Crosse may share your Personal
Information for the following limited purposes:
6. Third Parties
La Crosse may share Personal Information with La Crosse business partners, service providers, or other La
Crosse distributors in order to provide requested services, follow-up with you regarding opportunities, or
additional requested information. La Crosse may also share Personal Information with other companies and
individuals to perform functions such as sending postal mail, e-mail, and text messages, removing repetitive
information from customer lists, analyzing data, and providing marketing assistance.
7. Legal Obligations
La Crosse may share your Personal Information if we have a good faith belief that such action is necessary
to: (1) comply with the legal process or other legal requirements of any governmental authority; (2) protect
and defend the rights or property of La Crosse; (3) enforce this Agreement; (4) protect the interests of other
users of the Site or any other person; or (5) operate or conduct maintenance and repair of the Site or
equipment.
8. Protection of Personal Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we
have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the
Personal Information that we collect.
9. User Choice Regarding Collection, Use, and Distribution of Personal Information
You may choose not to provide La Crosse with any Personal Information. In such an event, you can still
access and use this Site, but may not be able to participate in some of the Site’s capabilities or services.
10. Links to Third-Party Websites
The Site may contain links to other websites. La Crosse is not responsible for the privacy practices or the
content of such websites. We have no control over the use of such websites and you should exercise
caution when deciding to disclose any Personal Information on or to the owners of these websites.
11. Changes, Updates, and Modifications to this Privacy Policy
La Crosse reserves the right, at any time and without notice, to change, update, or modify this Privacy
Policy, by posting such change, update, or modification on the Site. Any change, update, or modification will
be effective immediately upon posting on the Site. Changes, updates, and modifications to the Privacy
Policy will continue to govern your use of the La Crosse Site even if you do not receive notice of the change,
update, or modification.
12. How to Contact Us
Should you have other questions or concerns about our Privacy Policy, please call us at (608) 785-7920 or
e-mail us with the La Crosse Alerts contact form at: www.lacrossetechnology.com/support/alerts
Control tower/gateway, wireless remote, & floor sensor/probe Manufactured and
warranted by La Crosse Technology, LTD for Barracuda Pumps.
Reed sensor manufactured and warranted by Decko Products
REV: 1502
TROUBLESHOOTING
Refer to your app for troubleshooting information.
