Terms and Conditions

These terms and conditions for Sentry subscription services are an agreement between you and the applicable service provider described in the table at the bottom of this page, collectively “Sentry Tracking Solutions”. Sentry Tracking Solutions is sometimes referred to in these terms and conditions as “Sentry”, “We”, “us” or “our”. These terms and conditions set forth the terms and conditions governing your subscription to and use of the various subscription services offered by Sentry (the “subscription services”).
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR SUBSCRIBING TO ANY SUBSCRIPTION SERVICES. By using or subscribing to any Subscription Services, you signify your agreement to these Terms. If you do not agree to these Terms, you may not use or subscribe to any Subscription Services. You must be at least 18 years of age, or the applicable age of majority in your jurisdiction, to subscribe to Subscription Services. If you are under the applicable age of majority, you must have the permission of your parent or guardian to agree to these Terms and use the Subscription Services. If you are under the age of majority your parent or guardian must enter into these Terms on your behalf.
Note that special terms apply to many Subscription Services that Sentry offers. Such special terms (“Special Terms”) are posted in connection with the applicable Subscription Service. Any Service Terms are in addition to these Terms and, in the event of a conflict, prevail over these Terms. These Terms are for all our customers, including consumers. A “consumer” is an individual acting in a personal and private capacity only and not for business or commercial purposes.
Sentry respects the information you provide to us. Please review the applicable Privacy Policy for your Subscription Service, which further explains how Sentry collects and uses the information that we obtain through your use of a Subscription Service.
PLEASE NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SENTRY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW. IF YOU ARE A CONSUMER RESIDENT IN THE EEA, UK, SWITZERLAND, AUSTRALIA OR NEW ZEALAND, SUCH BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS DO NOT APPLY TO YOU.
IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO REDUCE YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION (YOUR “MANDATORY CONSUMER RIGHTS”). IF THERE IS A CONFLICT BETWEEN YOUR MANDATORY CONSUMER RIGHTS AND THESE TERMS, YOUR MANDATORY CONSUMER RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION WILL PREVAIL. WE SET OUT CERTAIN MANDATORY CONSUMER RIGHTS AND THE LOCAL JURISDICTION TO WHICH THEY APPLY IN THESE TERMS.
1. Subscription Services and Plans
1.1 Sentry offers several Subscription Services, and in many cases Sentry offers various types of subscription plans for a particular Subscription Service. Information regarding the various subscription plans offered by Sentry is posted in connection with the applicable Subscription Service.
1.2 The term of your subscription to the Subscription Service starts when you first sign up for Subscription Services and, subject to Mandatory Consumer Rights, will automatically renew on a monthly, three monthly, or annual basis (depending on your subscription plan)
until you terminate your subscription as provided in Section 2 below. Please see Section 5.5 below for more information on automatic renewal of subscription plans.
1.3 Unless expressly permitted by Sentry in writing or by applicable law, you may not (a) sell, rent, lease, or otherwise charge for the Subscription Services or any information or services associated with or derived from the Subscription Services; (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code, or underlying ideas or algorithms of any Subscription Services; (c) modify, translate, or create derivative works based on any element of the Subscription Services or any related documentation; (d) use the Subscription Services for any purpose other than their intended purpose; (e) interfere with or disrupt the integrity or performance of the Subscription Services; or (f) attempt to gain unauthorised access to the Subscription Services, their related systems or networks, or to the content and data uploaded by other users. As between Sentry and you, Sentry subscription services employ third party applications. Any content, data, and other materials, made available through the use of the Subscription Services may be viewable by Sentry and its third parties for the purposes of user and device administration. This data is not owned by Sentry or responsibility of Sentry for the maintenance or management of usage or content in any way. Sentry is the owner of (i) all right, title and interest in the Subscription Services; (ii) all suggestions, ideas and feedback proposed by any user regarding the Subscription Services; and (iii) and all modifications and enhancements of any of the foregoing, including all copyright rights, patent rights, and other intellectual property rights in each of the foregoing.
1.4 The Subscription Services may be provided to you on behalf of Sentry by certain affiliates and third-party service providers of Sentry. You acknowledge that these affiliates and third-party service providers are entitled to provide the Subscription Services to you, but they shall do so in accordance with these Terms and the applicable Service Terms. If you purchase Subscription Services through a third party reseller of the Subscription Services, you and we are still bound by these Terms and any applicable Service Terms, except as modified by your reseller and agreed by you.
2. Cancellation for all customers
2.1 To cancel your subscription to a Subscription Service, you must sign in to your account and follow the instructions for cancellation. If you subscribe to more than one type of Subscription Service from Sentry, you may choose to cancel your subscription to one Subscription Service without cancelling your subscription to other Subscription Services.
2.2 If you are unable to sign in to your account you may cancel your subscription plan by submitting a request to Support@Sentrytrackingsolutions.co.nz. Your request must include the email address associated with your Sentry account and the billing address used for your subscription plan. For subscription plans related to a specific Sentry device, you must also include the serial number of the device(s) for which you wish to cancel your subscription plan. Failure to submit the proper information can delay the implementation of your cancellation request. The effective cancellation date of a request submitted to Support@sentrytrackingsolutions.co.nz can be up to 5 business days after submission.
2.3 Some subscription plans have an initial commitment of 1 year and automatically renew after the first year for successive 1 year terms until you terminate your subscription as provided in this Section 2. These subscription plans are referred to in these Terms and Service Terms as “Annual Contract Plans”. If you cancel an Annual Contract Plan during its 1 year term, then you will forfeit at the time of your cancellation the amount equal to the fees for the remaining term of the Annual Contract Plan. If you cancel an Annual Contract plan prior to its renewal date no additional charges will be billed to you as a result of your cancellation. In both of the immediately above cases you will continue to be provided with the associated services of the cancelled Subscription Service until its renewal date. Subscription plans that are not Annual Contract Plans will automatically renew for a new term that is the same length as the initial term. No additional charges will be billed to you as a result of your cancellation of a subscription plan.
2.4 Notwithstanding anything in these Terms to the contrary, Sentry may modify these Service Terms at any time by updating this posting and notifying you of such modifications via email to the address associated with your account. If you do not agree to the changes in these Terms, then you must cancel your account as described in Section 2.2 above within 30 days of your receipt of Sentry’s notice of changes and cease all use of the Subscription Services. Your cancellation request must specify that you are terminating your subscription due to a modification of these Terms. If you cancel your subscription as provided in this section 2.4 due to a modification of these Terms, Sentry will provide you with a pro-rata refund of any amounts already paid by you for periods not yet covered. Your continued use of the Subscription Services after a modification shall be deemed your agreement to the modification.
2.5 If you are in breach of these Terms of any applicable Service Terms, or if you act in any manner which clearly shows you do not intend to, or are unable to, comply with these Terms or any applicable Service Terms, Sentry may terminate your subscription at any time without notice of liability to you (except where prior notice is required under applicable laws, standards and codes). Sentry may also terminate these Terms and any applicable Service Terms if required to do so by any governmental regulatory body and/or law.
3. Fees and Payment.
3.1 Unless otherwise stated in the applicable Service Terms, all fees for Subscription Services must be paid monthly in advance. Payments for Subscription Services are non-refundable (subject to any cancellation rights described under sections 2 and 3 above), and any unused Subscription Services may not be transferred to a third-party account.
3.2 Subject to applicable law, if your bill is not paid within 10 days after the due date, you may be charged a late fee of (i) 1.5% per month or (ii) the maximum legal rate (including under Mandatory Consumer Rights), whichever is lower. This late fee is applicable to the unpaid balance as of the due date and will be bulled on subsequent invoices and statements. Sentry may suspend any or all of your Subscription Services in the event of late payment in accordance with any applicable standards or codes (including under Mandatory Consumer Rights). If it does so, Sentry may charge a reactivation fee where permitted by such
standards, codes or rights.
3.3 Some subscription plans include an activation fee that will be charged to you when you sign up for the applicable Subscription Service. Some other subscription plans include an annual usage fee that will be charged to you when you sign up for the applicable Subscription Service and on each 1 year anniversary of the date you signed up. Changing your address and/or device location from one country to another country (for example, from New Zealand to Australia) may require service level changes and might incur additional charges on your account. Please see the applicable Service Terms and Section 4.5 below for more details.
3.4 Unless stated otherwise, the published price for the Subscription Service may not include all sales, value added, usage, excise, ad valorem, goods and services, harmonised sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any government authority or agency. You are required to pay these or any taxes not already collected for you by Sentry, and these taxes may be added to the final price charged to you in your bill.
3.5 The published price for the Subscription Services also may not include certain applicable surcharges and/or fees associated with the Subscription Services, such as fees associated with the Federal Universal Service Fund for certain Subscription Services in the US. These surcharges and/or fees may be added to your bill by Sentry in accordance with all applicable laws, standards and codes.
3.6 Your cell phone service provider and/or internet provider may charge you or your recipients additional fees in relation to any SMS/MMS messages, social connectivity messages, and/or other emails and/or data sent by you using the Subscription Services. Please familiarise yourself with any such applicable plans, services and associated fees before using the Subscriptions Services and any related Sentry devices. You are responsible for any such applicable charges and fees.
3.7 We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms and the applicable Service Terms. Any additional and/or different terms will be disclosef to you at the time of sign-up. If there is a conflict between the terms for a promotion and these Terms or any applicable Service Terms the promotion terms will govern. You agree to the terms of the promotion, including any time limitations, and you agree to provide your Payment Method information for any additional services and to extend the Subscription Services beyond the promotional period. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion.
4. Payment Method; Collection
4.1 Unless stated otherwise in the applicable Service Terms, use of the Subscription Services requires a current, valid, accepted method of payment, such as a credit card or payment via an account with a third party (a “Payment Method”), and is subject to credit approval by Sentry. Sentry will seek authorisation of your payment method prior to your first
activation/purchase to validate that you can charge applicable fees to access the Subscription Services. By authorising Sentry to charge your Payment Method for the fees associated with your subscription, you are authorising Sentry to automatically continue charging that Payment Method (or any replacement Payment Method if the original Payment Method is renewed, lost, stolen, or changed for any reason by the issuer and the issuer informs Sentry of the new replacement Payment Method account) for all fees or charges associated with your subscription, including any renewal fees as described below. You authorise the Payment Method issuer to pay any amounts described herein and authorise Sentry, or any other company that acts as a billing agent for Sentry, to continue to attempt to charge all sums described herein to your Payment Method account until such amounts are paid in full.
4.2 The first time your Payment Method fails, Sentry will notify you via an email message sent to your last known email address. If your Payment Method continues to fail, a second notice will be sent 7 days later, followed by a final notice 14 days after the first notice. If the problem is not rectified 30 days after the first notice, your subscription will be terminated and use of the Subscription Services on any device associated to your account will be deactivated.
4.3 Sentry’s termination of your subscription will not relieve you of any otherwise applicable fees that may be due. Additionally, Payment Method failure will result in late payment fees and, if you wish to reactivate your subscription, you may be charged a reactivation fee as set out above. Subject to any applicable Mandatory Consumer Rights, until all applicable payments and fees have been paid in full, (a) you will not be able to sign up for any new Subscription Services or activate any new Sentry device for use with the Subscription Services, and (b) no device currently linked to your account may be activated on any other account.
4.4 BY AUTHORISING SENTRY TO CHARGE YOUR PAYMENT METHOD, YOU REPRESENT THAT YOU ARE THE AUTHORISED OWNER OR USER OF YOUR PAYMENT METHOD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT PAYMENT METHOD. YOU GRANT SENTRY ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WHEN YOU SUBSCRIBE. AS FURTHER DESCRIBED BELOW YOU AUTHORISE SENTRY TO CHARGE YOUR PAYMENT METHOD IN ORDER TO RENEW YOUR SUBSCRIPTION PLAN UP UNTIL SUCH TIME THAT YOU CANCEL THE SUBSCRIPTION SERVICE IN ACCORDANCE WITH SECTION 2 ABOVE. The basis on which we may access and use any personal data described above is set out in the applicable Privacy Policy for your Subscription Service.
4.5 IMPORTANT NOTICE – AUTOMATIC RENEWAL: UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 2 ABOVE PRIOR TO THE LAST DAY OF YOUR THEN-CURRENT SUBSCRIPTION PLAN, THEN BEGINNING WITH THE FIRST MONTH OR YEAR (DEPENDING ON YOUR SUBSCRIPTION PLAN) FOLLOWING THE END OF THE SUBSCRIPTION PLAN FOR WHICH YOU INITIALLY SUBSCRIBE, SENTRY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION PLAN AND, AS AUTHORISED BY YOU ABOVE AND DURING YOUR REGISTRATION PROCESS, SENTRY WILL CHARGE YOUR CREDIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES OR OTHER FEES APPLICABLE TO YOUR PAYMENT OR SUBSCRIPTION. EACH
RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEDING SUBSCRIPTION PLAN. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PLAN PRIOR TO THE LAST DAY OF YOUR THEN CURRENT SUBSCRIPTION PLAN, THE SUBSCRIPTION PLAN WILL AUTOMATICALLY RENEW AND YOU WILL NOT RECEIVE A REFUND. YOU WILL HOWEVER, CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS FOR THE REMAINDER OF THE NEW SUBSCRIPTION PLAN FOR WHICH YOU HAVE PAID. SENTRY MAY WHERE PRACTICABLE GIVE YOU PRIOR NOTICE OF SUCH AUTOMATIC RENEWALS.
4.6 Subject to applicable law, you agree to pay Sentry for all reasonable and actual collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Sentry in exercising any of its rights under these Terms or any applicable Service Terms.
5 User account; Websites; Content
5.1 Use of the Subscription Services requires you to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity of affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You agree also to notify us promptly at Support@Sentrytrackingsolutions.co.nz of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Subscription Services.
5.2 We may suspend or terminate your account and your ability to use Subscription Services or portion thereof for failure to comply with these Terms or any applicable Service Terems.
5.3 You are and will remain solely responsible for any content that you create, transmit or display on or through the Subscription Services (“User Content”) and for the consequences of your actions by doing so. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your User Content. You retain copyright and any other rights you already hold in User Content which you create, transmit or display. To the fullest extent permitted by law, including any Mandatory Consumer Rights, you acknowledge and agree that by creating, posting, or displaying any such User Content, you give Sentry a perpetual, irrevocable, worldwide, royalty-free, and nonexclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such User Content. Furthermore, you agree that this license includes a right for Sentry to make such User Content available to other companies, organisations or individuals as required for the provision of Subscription Services. The basis on which we may access and use any personal data in User Content or other information described in this section 5.3 is set out in the applicable Privacy Policy for your Subscription Services.
5.4 Your use of any Sentry website is governed by the terms and conditions of use contained on each such website. Your installation or use of any downloadable software provided by
Sentry is governed by the end-user license agreement delivered with such software.
5.5 The Subscription Services may include applications and websites developed by third parties. Sentry is not responsible for and makes not representations or warranties regarding the content or functionality of these third party applications and websites or the privacy practices of such third party developers. If you decide to download and use any of these third party applications and websites, then you do so at your own risk and agree to comply with any and all licenses, terms of use and other conditions applicable to the use of such third party applications and websites.
6 Disclaimers of Warranty; Limitations of Liability
6.1 Sentry makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Subscription Services or about the results to be obtained from using the Subscription Services. Any use of the Subscription Services is at your own risk. Changes are periodically made to Subscription Services and may be made at any time. Some Subscription Services (or portions thereof) may be provided by third parties, and Sentry will not be held responsible for any such Subscription Services (or portions thereof) provided by third parties.
6.2 TO THE MAXIMUM EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, SENTRY DOES NOT WARRANT THAT THE SUBSCRIPTION SERVICES WILL OPERATE ERROR-FREE OR THAT THE SUBSCRIPTION SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SUBSCRIPTION SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, SENTRY WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
6.3 TO THE MAXIMUM EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SENTRY TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
6.4 Your use of the Subscription Services is at your own risk. If you are dissatisfied with the Subscription Services or with these Term , your sole remedy if to discontinue the use of the Subscription Services. IN NO EVENT WILL SENTRY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SENTRY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSIONS OR LIMITATIONS APPLIES TO THE MAXIMUM EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
6.5 THE LIMITATIONS SET FORTH IN SECTION 7 ARE SUBJECT TO THE FOLLOWING MODIFICATIONS: If you reside in Australia: A. Section 6 of these Terms does not apply so as to limit Sentry’s obligation to comply with applicable consumer guarantees under the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). B. Subject to C. below, the liability of Sentry for any liability, lost, costs or damage however caused (including by the negligence of Sentry), suffered or incurred by you because of a failure by Sentry to comply with a consumer guarantee when providing the Subscription Services is limited to, Sentry (at its election) either (1) resupplying that Subscription Service, or (2) paying the cost of having the Subscription Services supplied again. C. The preceding limitations in B. do not apply if it is not fair or reasonable for Sentry to rely on it for the purposes of section 64A of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). If you reside in New Zealand: A. Section 6 of these Terms does not apply so as to limit Sentry’s obligation to comply with applicable consumer guarantees under the Consumer Guarantees Act 1993. B. Where a consumer has a right of redress against Sentry in respect of a failure of Sentry to comply with a consumer guarantee when providing the Subscription Services, the consumer will have the remedies set out in the Consumer Guarantees Act 1993.
7 Indemnification
7.1 To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Sentry and its affiliates, licensors, service providers and suppliers and their respective directors, officers, employees, and agents from and against any and all claims actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or in connection with your unauthorised use of the Subscription Services and any associated software.
7.2 Where the indemnification provisions do not apply to you, you may still be held liable to Sentry, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach of these Terms and any applicable Service Terms. You may also be liable for any action taken by Sentry as part of its investigation of a suspected violation of these Terms or any applicable Service Terms, or as a result of its findings or decision that a violation of these Terms or any applicable Service Terms has occurred.
8 Arbitration; Governing Law
8.1 Except to the extent expressly provided in this section 9, all legal issues arising from or related to the use of Subscription Services will be construed in accordance with and
determined by New Zealand law in the legal Jurisdiction of New Zealand without respect to its conflict of laws principles. By using or subscribing to the Subscription Services, you agree that, except for disputes subject to arbitration, the exclusive forum for any claims or causes of action arising out of your use of Subscription Services is the New Zealand District Court or any appropriate New Zealand Jurisdiction Court. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
8.2 Any dispute or claim arising from these Terms or any applicable Service Terms shall be governed by the laws of tour usual place of residence, without regard to any conflict of law provisions, and you may submit to the nonexclusive jurisdiction of the courts located in the state, province or country whose laws governs. This means that if you or we are able to bring a legal action relating to these Terms or any applicable Service Terms, we can do this in a court located in the jurisdiction of New Zealand but you or we may also bring an action in another country where Sentry Subscription Services operate if it is accepted by its courts.
8.3 The United Nations Convention on the International Sale of Goods is specifically excluded from application to these Terms. The Parties further agree to waive and opt out of any application of the Uniform Computer Information Transaction Act (UCITA), or any version thereof, adopted New Zealand in any form.
9 General
9.1 Access or use of the Subscription Services and devices in locations outside your place of residence is done on your own initiative. You are solely responsible for compliance with all laws applicable to your use of the Subscription Services and associated devices. Access to the Subscription Services or use of devices which in whole or in part, is illegal or penalised is prohibited. You may not use or otherwise export or re-export the Subscription Services except as authorised by NZ law, and the laws of the jurisdiction(s) in which the Subscription Services are obtained. You represent and warrant that you are (a) located in New Zealand, and (b) will solely use devices and Subscription Services as an individual for legal purposes, and (c) are legally allowed to obtain, and use such devices and Subscription Services, and (d) will not allow the use, sale, or resale of any devices or Subscription Services against any of the previous conditions in this Section 9.1.
9.2 These Terms, together with any applicable Service Terms and website terms and conditions, constitute the entire agreement between you and Sentry with respect to the subject matter hereof. Any headings are provided for convenience only.
9.3 The failure of Sentry to exercise or enforce any right under these Terms or any applicable Service Terms shall not constitute a waiver of such a right. All rights and remedies granted to Sentry are cumulative and not alternate. If any provision of these Terms or any applicable Service Terms is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of these Terms or any such applicable Service Terms, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of these Terms and
any applicable Service Terms, including payment obligations, disclaimer of warranty, rights of indemnity, limitations of liability, arbitration and class action waiver, shall survive such termination.
9.4 You may not assign these Terms or any applicable Service Terms, or any of your rights or obligations hereunder or thereunder, but Sentry may assign these Terms and any applicable Service Terms and any of its rights and obligations hereunder or thereunder. These Terms and any applicable Service Terms inure to the benefit of and are binding on the parties’ respective successors and permitted assigns.