Terms of Use

General Terms of Use

These General Terms of Use (“Terms”) are entered into by and between you and Loco Wireless & Electronics; provided, however, that, notwithstanding anything to the contrary herein or in any linked, incorporated or otherwise referenced document, policy or terms and conditions, sections 7 (“Disclaimer and Limitation of Liability as to the locowirelesse.com Site and Content”), 9 (“Disclaimer and Limitation of Liability as to Products and Services”), and 10 (“Indemnification”) of these Terms shall be inapplicable to you if you are a resident of the State of New York. In consideration of your use of and access to this Internet site, Loco Wireless & Electronics’s mobile services, Loco Wireless & Electronics’s telephone ordering and voice response unit services, Loco Wireless & Electronics email addresses, and other websites and services on which these Terms are posted or expressly referenced (“Loco Wireless & Electronics”), and the promises and obligations herein, and intending to be legally bound, you and Loco Wireless & Electronics hereby agree as follows:

Your access to and use of the Loco Wireless & Electronics Services is subject to these Terms, which incorporate the separately posted Privacy Statement and Loco Wireless & Electronics – Standards for Participation, and other policies, and modifications issued by Loco Wireless & Electronics. If any of the Loco Wireless & Electronics Services, such as Loco Wireless & Electronics’s widgets, set forth separate or additional Terms and Conditions of use, privacy statement, or other policy (“Separate Terms”), then those Separate Terms as modified from time to time shall apply in connection with your use of that Loco Wireless & Electronics Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE Loco Wireless & Electronics SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Loco Wireless & Electronics Services. These Terms do not govern your use of any websites of Loco Wireless & Electronics’s affiliates based outside the United States or of any other services offered by Loco Wireless & Electronics’s affiliates outside the United States.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Loco Wireless & Electronics WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT THERE WILL BE LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT AND THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE. YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING PROCEEDINGS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, OR REPRESENTATIVE, ACTION OR ARBITRATION; AND WAIVE YOUR RIGHT TO A JURY TRIAL.

Among other things, the Loco Wireless & Electronics Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Loco Wireless & Electronics Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Loco Wireless & Electronics Services contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.

1. Changes in Terms

Loco Wireless & Electronics shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the Loco Wireless & Electronics Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or additional Terms and Conditions on the Loco Wireless & Electronics Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THE Loco Wireless & Electronics SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Loco Wireless & Electronics shall be valid or enforceable against Loco Wireless & Electronics unless expressly agreed to by Loco Wireless & Electronics in a writing signed by a duly authorized officer of Loco Wireless & Electronics.

2. Termination

These Terms are effective until terminated by Loco Wireless & Electronics. Loco Wireless & Electronics may terminate these Terms without notice and at any time in connection with any of the Loco Wireless & Electronics Services. In the event of termination, you are no longer authorized to access those Loco Wireless & Electronics Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Loco Wireless & Electronics shall also have the right without notice and at any time to terminate some or all of the Loco Wireless & Electronics Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Loco Wireless & Electronics Services or any feature or portion thereof.

3. Compliance with Laws

You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Loco Wireless & Electronics Services and your purchase of products or services through them. You must be at least 18 years old to use the Loco Wireless & Electronics Services.

4. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Loco Wireless & Electronics on or through the Loco Wireless & Electronics Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or typographical errors or may be out of date. Loco Wireless & Electronics may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Loco Wireless & Electronics in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Loco Wireless & Electronics or by third parties that have licensed their use to Loco Wireless & Electronics. You may view and use the Content only for your personal information and for shopping and ordering on or through the Loco Wireless & Electronics Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Loco Wireless & Electronics does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Loco Wireless & Electronics Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Loco Wireless & Electronics, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Loco Wireless & Electronics copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on a Loco Wireless & Electronics website, including the Loco Wireless & Electronics item number, if applicable;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Loco Wireless & Electronics Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: CopyrightAgent@locowirelesse.com or

Attn: Copyright Agent
Legal Department Mail Code 207
Loco Wireless & Electronics
547 W 145th St
New York, NY 10031

5. Third Party Sites and Content

Links to other Internet sites operated by third parties, including Loco Wireless & Electronics vendors, do not constitute sponsorship, endorsement, or approval by Loco Wireless & Electronics of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Loco Wireless & Electronics, and Loco Wireless & Electronics is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

To the extent any Content is provided by third parties, Loco Wireless & Electronics includes it for informational purposes only. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

6. Prices; Orders; Shipping and Handling

All prices displayed in the Loco Wireless & Electronics Services are quoted in U.S. dollars. Loco Wireless & Electronics may restrict delivery to addresses within the United States. Loco Wireless & Electronics will add shipping and handling fees and applicable sales/use tax. Loco Wireless & Electronics reserves the right to discontinue or change specifications and prices on products and services offered through the Loco Wireless & Electronics Services without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the Loco Wireless & Electronics Services do not imply endorsement of that product or service, or constitute a warranty, by Loco Wireless & Electronics.

Your receipt of an order confirmation from either Loco Wireless & Electronics or a third party payment processing service such as PayPal, does not constitute Loco Wireless & Electronics’s acceptance of an order. Prior to Loco Wireless & Electronics’s acceptance of an order, verification of information and approval of the order may be required, including without limitation approval of Easy Pay® terms. Please note: certain payment methods, including prepaid cards, may not be available for items purchased with Easy Pay. Loco Wireless & Electronics reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. Loco Wireless & Electronics reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Loco Wireless & Electronics shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is canceled, Loco Wireless & Electronics shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by Loco Wireless & Electronics or one of Loco Wireless & Electronics’s vendors pass to you upon delivery to the carrier for shipment.

Loco Wireless & Electronics will refund any overcharged sales or use tax to a customer up to three years from the date of the customer’s request for a refund.

The shipping and handling fee includes, among other things, labor costs to receive, select and package the item for shipment, the costs of packaging and other supplies, internal (overhead) costs to process the order and fees paid to carriers who ship the item and deliver the item to you, so the shipping and handling fee may exceed the actual fee paid by Loco Wireless & Electronics to its carriers to send the item to you. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.

7. Disclaimer and Limitation of Liability as to the locowirelesse.com Site and Content

Loco Wireless & Electronics MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Loco Wireless & Electronics SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Loco Wireless & Electronics ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Loco Wireless & Electronics SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Loco Wireless & Electronics SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE Loco Wireless & Electronics SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Loco Wireless & Electronics SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL Loco Wireless & Electronics, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE Loco Wireless & Electronics SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Loco Wireless & Electronics IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Loco Wireless & Electronics Return Policy

Loco Wireless & Electronics wants you to be completely satisfied with your purchase through the Loco Wireless & Electronics Services. If for any reason you are not entirely pleased with a product you purchased through the Loco Wireless & Electronics Services, simply return it within 30 days of receipt for an exchange, or a refund of the purchase price minus the shipping and handling and Return Label fee. For exchanges, an additional merchandise cost may apply, which cost will be charged to the credit card or other payment method used for the original order or deducted from any merchandise credit on your account for checks. If you paid by check and there is an additional merchandise cost for the exchange exceeding the amount of any merchandise credit on your account, an additional form of payment will be required. If an item is returned as defective or because Loco Wireless & Electronics was in error, Loco Wireless & Electronics will refund the shipping and handling and will not deduct the Return Label fee. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product.

9. Disclaimer and Limitation of Liability as to Products and Services

ALL PRODUCTS AND SERVICES SOLD BY Loco Wireless & Electronics ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, Loco Wireless & Electronics MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Loco Wireless & Electronics EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE Loco Wireless & Electronics SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL Loco Wireless & Electronics, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE Loco Wireless & Electronics SERVICES, EVEN IF Loco Wireless & Electronics IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Loco Wireless & Electronics’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Loco Wireless & Electronics, Loco Wireless & Electronics’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Loco Wireless & Electronics Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Loco Wireless & Electronics Services or any product or service provided to you arising out of or relating to your use of the Loco Wireless & Electronics Services.

11. Submissions

Except as otherwise expressly provided herein or in Loco Wireless & Electronics’s separately posted Privacy Statement, any communication or material you transmit to Loco Wireless & Electronics through the Loco Wireless & Electronics Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and you grant to Loco Wireless & Electronics, Loco Wireless & Electronics vendors, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Loco Wireless & Electronics has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.

12. Arbitration

You agree that any Dispute between You and Loco Wireless & Electronics shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. “Dispute” shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. “Dispute” shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.

Notwithstanding anything in this arbitration provision to the contrary, either You or Loco Wireless & Electronics may bring an individual action in small claims court if the claim is within the jurisdiction of that court.

For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Loco Wireless & Electronics, Attn.: 547 W 145th St, New York, NY 10031. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue though any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.

Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company (CSC), to begin arbitration. Please find below the Pennsylvania address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):

Loco Wireless & Electronics
Corporation Service Company
547 W 145th St
New York, NY 10031
Attn: Legal Department

You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. The Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the Dispute will be arbitrated by JAMS arbitration services. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.

Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs regardless of whether they would have been available in a court.

WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. IF A CLAIM OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

13. Governing Law

Access to or use of the Loco Wireless & Electronics Services shall not be construed as Loco Wireless & Electronics’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions; provided, however, that if you are a resident of the State of New York, these Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to conflicts of law provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the Commonwealth of Pennsylvania for the County of Chester and the federal courts for the Eastern District of Pennsylvania; provided, however, that if you are a resident of the State of New York, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the State of New York for the County of Gloucester and the federal courts for the District of New York.

14. Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Loco Wireless & Electronics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Loco Wireless & Electronics shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Revised October 1, 2018