Common use of Limitations of Technology Clause in Contracts

Limitations of Technology. You accept and agree the following inherent technical limitations relating to the use of the Device, and Services: (A) Global Positioning System (GPS”), wireless network overage and Services: Services are only available to you in the United States of America and only when the Device is in the operating range of the Wireless Carrier. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, including but not limited to short-term unpredictable meteorological effects, wireless capacity limitations, terrain and geographical conditions, other natural or artificial environment conditions beyond MOGO’s control and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty initiation, motor ignition and other electrical noises and radio signals from external sources my interface with the Service. MOGO utilizes wireless networks with broad coverage areas to access moving vehicles. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Device and the Central Computing Systems. Environmental issues may include; service interruptions, network congestion, roaming, and similar access issues. (B) Global Positioning System (GPS) is a satellite-based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Service to recognize an accurate location. (C) Limitations in the electrical design or condition of the device. (D) If the Device is tampered with, disconnected from a power source or there is no power supply, or the Device completely removed, if the Device is removed and re-installed by a non-MOGO approved installer, the functionality of the Device and Services will be jeopardized. (E) The Device and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree and undertake to inform any users of the Device and Services, that MOGO and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of MOGO Devices or Services. In addition, to the extent you have privacy right in the location, characteristics, performance or operation of vehicle equipped with a Device; you agree to voluntarily waive such right. (F) Devices and Services on cellular technology that may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, MOGO shall have no obligation to issue a refund or refund substitute equipment or services. In addition, MOGO assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Service is based (G) The parties recognize that unusual concentrations of usage may occur in certain locations. MOGO shall incur no liability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment, which result from the aforesaid usage concentration, and nothing herein shall require MOGO to expend effort to insure capacity for your use of the Services. (H) MOGO’s efforts to combat illegal or fraudulent usage or other legitimate business or operational reasons. (I) You understand that MOGO’s mobile applications are not available on every mobile device type and every version of the mobile operating system. You understand that web applications may not function fully on all browsers and all versions of browsers. It is Your sole responsibility to provide compatible hardware and software to operate MOGO’s mobile and web applications.

Limitations of Technology. You accept and agree the following inherent technical limitations relating to the use of the Device, and Services: (A) Global Positioning System (GPS”), wireless network overage and Services: Services are only available to you You in the United States of America and only when the Device is in the operating range of the Wireless Carrier. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, including but not limited to short-term unpredictable meteorological effects, wireless capacity limitations, terrain and geographical conditions, other natural or artificial environment conditions beyond MOGONational Auto Care’s control and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty initiation, motor ignition and other electrical noises and radio signals from external sources my interface with the Service. MOGO National Auto Care utilizes wireless networks with broad coverage areas to access moving vehicles. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Device and the Central Computing Systems. Environmental issues may include; service interruptions, network congestion, roaming, and similar access issues. (B) Global Positioning System (GPS) is a satellite-based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Service to recognize an accurate location. (C) Limitations in the electrical design or condition of the device. (D) If the Device is tampered with, disconnected from a power source or there is no power supply, or the Device completely removed, if the Device is removed and re-installed by a non-MOGO National Auto Care approved installer, the functionality of the Device and Services will be jeopardized. (E) The Device and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree and undertake to inform any users of the Device and Services, that MOGO National Auto Care and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of MOGO National Auto Care Devices or Services. In addition, to the extent you You have privacy right in the location, characteristics, performance or operation of vehicle equipped with a Device; you You agree to voluntarily waive such right. (F) Devices and Services on cellular technology that may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, MOGO National Auto Care shall have no obligation to issue a refund or refund substitute equipment or services. In addition, MOGO National Auto Care assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Service is based. (G) The parties recognize that unusual concentrations of usage may occur in certain locations. MOGO National Auto Care shall incur no liability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment, which result from the aforesaid usage concentration, and nothing herein shall require MOGO National Auto Care to expend effort to insure capacity for your Your use of the Services. (H) MOGONational Auto Care’s efforts to combat illegal or fraudulent usage or other legitimate business or operational reasons. (I) You understand that MOGONational Auto Care’s mobile applications are not available on every mobile device type and every version of the mobile operating system. You understand that web applications may not function fully on all browsers and all versions of browsers. It is Your sole responsibility to provide compatible hardware and software to operate MOGONational Auto Care’s mobile and web applications.

Limitations of Technology. You accept and agree the following inherent technical limitations relating to the use of the Device, and Services: (A) Global Positioning System (GPS”), wireless network overage and Services: Services are only available to you in the United States of America and only when the Device is in the operating range of the Wireless Carrier. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, including but not limited to short-term unpredictable meteorological effects, wireless capacity limitations, terrain and geographical conditions, other natural or artificial environment conditions beyond MOGOElasticM2M’s control and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty initiation, motor ignition and other electrical noises and radio signals from external sources my interface with the Service. MOGO ElasticM2M utilizes wireless networks with broad coverage areas to access moving vehicles. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Device and the Central Computing Systems. Environmental issues may include; service interruptions, network congestion, roaming, and similar access issues. (B) Global Positioning System (GPS) is a satellite-based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Service to recognize an accurate location. (C) Limitations in the electrical design or condition of the device. (D) If the Device is tampered with, disconnected from a power source or there is no power supply, or the Device completely removed, if the Device is removed and re-installed by a non-MOGO non ElasticM2M approved installer, the functionality of the Device and Services will be jeopardized. (E) The Device and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree and undertake to inform any users of the Device and Services, that MOGO ElasticM2M and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of MOGO ElasticM2M Devices or Services. In addition, to the extent you have privacy right in the location, characteristics, performance or operation of vehicle equipped with a Device; you agree to voluntarily waive such right. (F) Devices and Services on cellular technology that may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, MOGO ElasticM2M shall have no obligation to issue a refund or refund substitute equipment or services. In addition, MOGO ElasticM2M assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Service is based (G) The parties recognize that unusual concentrations of usage may occur in certain locations. MOGO ElasticM2M shall incur no liability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment, which result from the aforesaid usage concentration, and nothing herein shall require MOGO ElasticM2M to expend effort to insure capacity for your use of the Services. (H) MOGOElasticM2M’s efforts to combat illegal or fraudulent usage or other legitimate business or operational reasons. (I) You understand that MOGOElasticM2M’s mobile applications are not available on every mobile device type and every version of the mobile operating system. You understand that web applications may not function fully on all browsers and all versions of browsers. It is Your sole responsibility to provide compatible hardware and software to operate MOGOElasticM2M’s mobile and web applications.

Limitations of Technology. You accept and agree the following inherent technical limitations relating to the use of the Device, and Services: (A) Global Positioning System (GPS”), wireless network overage and Services: Services are only available to you in the United States of America and only when the Device is in the operating range of the Wireless Carrier. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, including but not limited to short-term unpredictable meteorological effects, wireless capacity limitations, terrain and geographical conditions, other natural or artificial environment conditions beyond MOGOFlexProtect’s control and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty initiation, motor ignition and other electrical noises and radio signals from external sources my interface with the Service. MOGO FlexProtect utilizes wireless networks with broad coverage areas to access moving vehicles. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Device and the Central Computing Systems. Environmental issues may include; service interruptions, network congestion, roaming, and similar access issues. (B) Global Positioning System (GPS) is a satellite-based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Service to recognize an accurate location. (C) Limitations in the electrical design or condition of the device. (D) If the Device is tampered with, disconnected from a power source or there is no power supply, or the Device completely removed, if the Device is removed and re-installed by a non-MOGO non FlexProtect approved installer, the functionality of the Device and Services will be jeopardized. (E) The Device and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree and undertake to inform any users of the Device and Services, that MOGO FlexProtect and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of MOGO FlexProtect Devices or Services. In addition, to the extent you have privacy right in the location, characteristics, performance or operation of vehicle equipped with a Device; you agree to voluntarily waive such right. (F) Devices and Services on cellular technology that may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, MOGO FlexProtect shall have no obligation to issue a refund or refund substitute equipment or services. In addition, MOGO FlexProtect assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Service is based (G) The parties recognize that unusual concentrations of usage may occur in certain locations. MOGO FlexProtect shall incur no liability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment, which result from the aforesaid usage concentration, and nothing herein shall require MOGO FlexProtect to expend effort to insure capacity for your use of the Services. (H) MOGOFlexProtect’s efforts to combat illegal or fraudulent usage or other legitimate business or operational reasons. (I) You understand that MOGOFlexProtect’s mobile applications are not available on every mobile device type and every version of the mobile operating system. You understand that web applications may not function fully on all browsers and all versions of browsers. It is Your sole responsibility to provide compatible hardware and software to operate MOGOFlexProtect’s mobile and web applications.

Limitations of Technology. You accept and agree the following inherent technical limitations relating to the use of the Device, and Services: (A) Global Positioning System (GPS”), wireless network overage and Services: Services are only available to you in the United States of America and only when the Device is in the operating range of the Wireless Carrier. Complete coverage of the service area at all times is improbable. The existence of adverse conditions, including but not limited to short-term unpredictable meteorological effects, wireless capacity limitations, terrain and geographical conditions, other natural or artificial environment conditions beyond MOGOGlobalBAT GPS’s control and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty initiation, motor ignition and other electrical noises and radio signals from external sources my interface with the Service. MOGO GlobalBAT GPS utilizes wireless networks with broad coverage areas to access moving vehicles. There are still areas within the service area that have not yet been included in the wireless coverage areas. Therefore, if a vehicle travels out of the available service area that vehicle is unavailable until it returns to the available service area. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Device and the Central Computing Systems. Environmental issues may include; service interruptions, network congestion, roaming, and similar access issues. (B) Global Positioning System (GPS) is a satellite-based positioning system providing expansive coverage throughout the world. The GPS antenna must have a direct line of sight to the satellites. If said path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of the Service to recognize an accurate location. (C) Limitations in the electrical design or condition of the device. (D) If the Device is tampered with, disconnected from a power source or there is no power supply, or the Device completely removed, if the Device is removed and re-installed by a non-MOGO non GlobalBAT GPS approved installer, the functionality of the Device and Services will be jeopardized. (E) The Device and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree and undertake to inform any users of the Device and Services, that MOGO GlobalBAT GPS and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of MOGO GlobalBAT GPS Devices or Services. In addition, to the extent you have privacy right in the location, characteristics, performance or operation of vehicle equipped with a Device; you agree to voluntarily waive such right. (F) Devices and Services on cellular technology that may become obsolete in the future as a result of changes in wireless technology or actions by telecom regulators with respect to cellular technology in mapping applications. In such event, MOGO GlobalBAT GPS shall have no obligation to issue a refund or refund substitute equipment or services. In addition, MOGO GlobalBAT GPS assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Service is based (G) The parties recognize that unusual concentrations of usage may occur in certain locations. MOGO GlobalBAT GPS shall incur no liability to provide adequate Services hereunder arising from or related to a lack of network capacity on the equipment, which result from the aforesaid usage concentration, and nothing herein shall require MOGO GlobalBAT GPS to expend effort to insure capacity for your use of the Services. (H) MOGOGlobalBAT GPS’s efforts to combat illegal or fraudulent usage or other legitimate business or operational reasons. (I) You understand that MOGOGlobalBAT GPS’s mobile applications are not available on every mobile device type and every version of the mobile operating system. You understand that web applications may not function fully on all browsers and all versions of browsers. It is Your sole responsibility to provide compatible hardware and software to operate MOGOGlobalBAT GPS’s mobile and web applications.