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Legal Information

We take the privacy of all visitors to this website very seriously and therefore set out in this privacy policy our position regarding certain privacy matters.

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Accepting the Terms

The entity providing you these products and services will be referred to as the “Corporation”.

The Corporation, (“Corporation”) provides its Devices, Hardware, Products, SaaS Services and Mobile Application (each as defined below) to you through its mobile applications, its website (the “Site”) and via other channels, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.

In this Agreement the following definitions apply. "we," "us," "our," "Site" and "Company" mean Corporation and its affiliates; "you," "your," "customer," and "user" mean an account holder or user with us; "Product" means any Device, Hardware, accessory, connectors, wires, adaptors or other physical product we sell, or provide to you in some form. The “Device” means Corporation’s provided device or a third party device that may be connected to your vehicle in connection with the Service (for information, please read our limited warranty). "Services" means our offers, plans, options, or Devices, Products, Hardware and or Software, Saas that we provide. “The “Site”” is a GPS Tracking product/service that is offered by Corporation.

Representations

You represent and warrant to Corporation that:

  • you have full power and authority to enter into this. TOS;
  • you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities (and allow Corporation to perform its obligations) in connection with the Service and Hardware without obtaining any further releases or consents;
  • Your Content and other activities in connection with the Service, and The Corporation’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
  • you are eighteen (18) years of age or older.
Policies and Acceptance:

Services are subject to our policies, practices and procedures ("Policies") including, but not limited to, our Privacy Policy available at our website. You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time, with or without notice.

In order to use the Products/Services, you must first agree to the Terms. You may not use the Products/Services if you do not accept the Terms. You can accept the Terms by:

  • clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service;
  • by attempting to use or actually using the Services. You understand and agree that,
  • paying for the products, devices or services, or
  • opening any package or program that says you are accepting the TOS that we will treat your use of the Product/Services as acceptance of the Terms from that point onwards.

You may not use the Products/Services and may not accept the Terms if

  • you are not of legal age to form a binding contract with Us, or
  • you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Universal Terms for your records.

We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. Any such changes will become effective no earlier than seven (7) calendar days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS.

Customer responsibility:

The customer acknowledges that there is no way possible for Corporation to validate proper connection, and proper service is being provided. All responsibility is borne upon the customer as a result of the connected device.

The customer is responsible for insuring that Corporation device/product or service is compatible with anything connected to the Corporation device/product or service. The customer is also responsible for reporting to Corporation any issues, problems with the product or service. Customer must notify Corporation in a timely manner of any errors or defects in products and services to receive any type of refund or exchange

The customer is also responsible for insuring that the device(s) and products are used to monitor vehicles or assets that the customer owns and has full legal authority. The customer is responsible for insuring that legal federal and state laws are followed with the installation of this device and insure proper notification is provided to the drivers or users of the tracked assets, per local, state, federal laws and or requirements. The Customer is required to use the products and services provided by the Corporation within all local, state, federal and other regulatory or organizational requirements borne upon the customer. The Customer must insure that they do not violate privacy policies or local, state and federal laws.

Product and Services:

The “Service” includes

  • the Site or other websites offered by Corporation,
  • Corporation’s device, and other related Products and Services, and
  • all mobile applications, including but not limited to android, ios, HTML, or other applications that may become available
  • Saas Services, and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”).

Our services offer location-enabled services, such as Maps and Longitude, Latitude and altitude and other information from your device, and/or mobile application. If you use those services, We may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID). We may also receive other information that may be used such as vehicle information, or other information collected by the device.

The Service Contract ("Agreement") is a contract under which we agree to provide and you agree to accept our Services and Products. In addition to these Terms of Service agreement (TOS) there may be other Agreements including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction, any confirmation materials we may provide you, and Early Termination Fees if applicable. It is important that you carefully read ALL terms of this Agreement and any other Agreement you sign or accept.

The TOS applies to our Agreement, Services Plans, and any other Service we offer you that references the TOS. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply for services provided by another company, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.

In order for the product, services to function the device must be installed properly by the Customer, and it must also be configured properly, by the Customer, on the Corporation systems. The Customer is responsible for installation and configuration of the device. The device must have proper network and data coverage and services and must be in the allowed service territory and within signal range. Leaving the service territory, and/or being in Underground garages, Metal warehouses and having the device obstructed from the proper network and data coverage will prevent the device and system from working properly.

Any updates or new features added to or augmenting the Service or the Hardware are also subject to this TOS; to keep the Software up-to-date, you agree that The Corproation will provide you with such updates without your further consent or notice to you.

Subject to the terms and conditions of this TOS, you may access and use the Products and Services and Hardware only for lawful purposes and for the intended services. You shall not use our Services or Hardware (and we will not be liable for your use of the Services and Hardware) in connection with

  • cars with modified engine or electronic control systems, or
  • cars of any make, model or year that the devices do not support as listed by the auto manufacturer.

The Customer is responsible for validating the device will properly function without when connected. The Corporation can not know and is not responsible for connections made to the device, or any form of damages or harm caused (in any way) as a result of connecting the products, devices or service.

You shall not:

  • sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Product or Service available to any third party;
  • use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Product or Service, the Hardware or their components,
  • modify, adapt or hack the Product or Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Product or Service, the Hardware or their related systems or networks,
  • use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware, or
  • use the Product or Service for any use other than the stated use of the application,
  • to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene,
  • in a way that could cause damage or adversely affect our customers, reputation, network, property or Services;
  • to communicate any unsolicited message,
  • to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code,
  • or in any way prohibited by the terms of our Services, the Agreement or our Policies,
  • excessive use outside the normal usage for the intended purposes as defined by The Corporation,
  • using the products or services for emergency or safety purposes,
  • use the product and/or service in extreme defined as being, 2 (two) times normal standard usage models for the specific application.

You shall comply with any codes of conduct, policies or other notices provided to you or published in connection with the Service and the Hardware, and you shall promptly notify Us if you learn of a security breach related to the Service.

Your Device is designed exclusively for use on our network and in other coverage areas we make available to you. You will not have any rights to port or transfer the device, the network, the carrier phone number assigned to other devices.

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Corporation will always be accurate, correct and up to date.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that We have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.

Any software that may be made available by us in connection with the Service, such as mobile applications, Saas, and any software embedded on the Hardware (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, We hereby grant you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware), provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

The Corporation has multiple products and services that are branded under multiple names. Those names and logos are trademarks and service marks of (collectively the “Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Corporation Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved and no license or right to use any trademark of The Corporation or any third party is granted to you in connection with the Service or Hardware. Software, Hardware and the transmission of applicable data, if any, is subject to United States export controls. No Hardware or Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and Hardware.

Unless otherwise expressly authorized herein or in the Service, you agree not to display, share, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, provide unauthorized access to 3rd parties, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

All responsibility for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service or the Hardware (“Your Content”) is your responsibility.

Data Storage and usage

You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. The Corporation reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant The Corporation a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. The Corporation has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that The Corporation may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. For more information about our use of the data collected by the Hardware and Services, please see our Privacy Policy.

The Corporation uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.

The Product and Service includes certain services that may be available via a mobile device, including

  • the ability to upload data to the Service via a mobile device,
  • the ability to browse the Service and the Site from a mobile device and
  • the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding The Corporation and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages which may not be delivered or may be sent to the person that acquires your old number.

The failure of The Corporation to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and The Corporation, even though it is electronic and is not physically signed by you and The Corporation, and it governs your use of the Service and Hardware and takes the place of any prior agreements between you and The Corporation related to the subject matter hereof.

Cost of Services and Products

To the extent the Products/Services or any portion thereof is made available for any fee, you will be required to select a payment plan or make a payment and provide The Corporation information regarding your credit card or other payment instrument. You represent and warrant to The Corporation that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay The Corporation the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If your payment plan involves subscription payments, you hereby authorize The Corporation to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let The Corporation know within thirty (30) days after the date that The Corporation charges you. We reserve the right to change The Corporation prices. If The Corporation does change prices, we will provide you with notice of the change on the Site or in email to you, at The Corporation’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Note that you (and not The Corporation) are responsible for any charges or fees payable to third parties in connection with the Service.

The Device and Service charges will start upon delivery of the product. The customer will be responsible for the installation of the device. You agree to make payments on a monthly cycle, prior to the month of service, in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in the TOS. You hereby authorize us or agents to charge your credit card a monthly reoccurring fee for the duration of your contract in the full amount of the bill owing. You will receive a monthly receipt of your payment. This receipt may be sent electronically or in a hard copy via mail.

DEPOSITS

We may require a deposit, as a guarantee of payment, for you to establish or maintain Service ("Deposit"). By providing us a Deposit, you grant us a security interest for all current or future amounts owed to us. We may change the Deposit at any time with notice. You may not use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history and other factors. Unless prohibited by law, we may mix Deposits with our other funds. Deposits will not earn interest and we reserve the right to return the Deposit as a credit on your invoice at any time. If your Services are terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of Deposit to your last known address within 90 days after your final invoice – if it is returned to us, we may forward it on to the appropriate state authorities to the extent required by law.

EARLY TERMINATION FEES:

Some of the Services and Device offerings that we provide obligate and require the Customer to maintain certain Services with us for a minimum term, usually 1 month, 3 months, 6 months, or 1, 2, or 3 years ("Term Commitment"). You will be charged a fee ("Early Termination Fee") for each Device that you terminate early (i.e., prior to satisfying the Term Commitment) or for each Device that we terminate early for good cause (for example, violating the payment or other terms of the Agreement) in accordance with the following Early Termination Fees.

In a one year Service Contract there would be a $75 Early Termination fee if the contract is terminated before the 12 month service anniversary.

In a two year Service contract there would be a $125 Early Termination fee if the contract is terminated within the first 12 months of the service anniversary. In a two year Service Contract there would be a $75 Early Termination fee, if the contract is terminated after the first 12 months but before the 24 month anniversary.

In a three year Service contract there would be a $175 Early Termination fee if the contract is terminated within the first 12 months of the service anniversary. In a three year Service Contract there would be a $125 Early Termination fee, if the contract is terminated after the first 12 months but before the 24 month anniversary. In a three year Service Contract there would be a $75 Early Termination fee, if the contract is terminated after the first 24 months but before the 36 month anniversary.

Once your Service Agreement has been satisfied then the Service provided will continue on a monthly basis without Term Commitment or Early Termination fees, unless you enter into another Service Agreement

If replacement device is provided to you, then the agreement is extended by a minimum of one year but maybe extended longer depending upon the device.

We may change any part of the Service Agreement at any time including, but not limited to, rates, charges, how we calculate charges. We will provide you notice of changes that may impact you in a manner consistent with this Agreement. Except as provided below, if a change we make to the Agreement is material and has a material adverse affect on you, you may terminate each Device materially affected without incurring an Early Termination Fee only if you: Notify us within 30 days after the change date, Inform us that you want to cancel the Service Agreement and cite the specific reasons and the material adverse impact. If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment. The following, without limitation, will generally not be considered changes to the Agreement as contemplated in this provision and will not result in the waiver of applicable Early Termination Fees: changes to our Policies, changes that are not a core part for which you contracted i.e., casual use charges and other options that do not require a Term Commitment; changes to Taxes & Government Fees; or changes to Surcharges, including assessing new Surcharges.

We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to late payment, excessive use outside of normal usage, harassing/threatening our employees or agents, providing false information; interfering with our operations, using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable state or federal laws, breaching the Agreement, including our Policies, providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt, modifying a Device from its manufacturer specifications; or, if we believe the action protects our interests, our suppliers, business partners, and any customer's interests or our network.

Other Costs

Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, shipping and handling, convenience payment, changing phone numbers, handset upgrades, Device or product upgrade , change or swap or etc.). You will be provided notice of these types of fees before we complete the requested transaction.

Your Device may be set to operate both domestically and may also operate internationally. However, you will be charged additional fees if the Device is in another country other than the United States and is utilized. We will also charge for extreme usage, inappropriate usage or misuse and have the right to disconnect. The rate on these fees shall be the actual cost of charges plus a 40% administration fee. These rates will be charged for any month in which there is any usage, no matter if the usage was less than an actual month.

Taxes

You agree to pay all federal, state and local taxes, fees and other assessments that we're required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you're claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won't be applied retroactively.

Late Fees

Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier's check, money order, or any other reasonable method at any time at our sole discretion.

Payment Dispute

Any dispute to a charge on your bill must be made within 30 days of the date of the bill that initially contained the charge. Disputes can only be made by emailing in writing to us as directed on our website, your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.

Lost or Stolen

If your Device is lost or stolen then you will need to immediately report it to us via email and you must receive a confirmation email from the Corporation that we have received your email notification. You are responsible for usage charges before you notify and You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). The device can be replaced at a cost or an Early Termination Fee can apply, if you choose to terminate Services as a result of loss or theft of your Device.

Return Policy

If you purchased your device/product directly from The Corporation and you are the original purchaser, then you may request a refund within 15 days of service for money paid to us for the Corporation device minus a $50 per unit restocking fee, any accessories purchased, and any applicable taxes from your initial order, within fifteen (15) days of shipment of the device.

You will not be refunded credit for the initial activation fee, any shipping fees, and the first month subscription service you initially ordered. You will not be charged the early termination fee normally charged upon early cancellation IF YOU MEET ALL THE FOLLOWING CONDITIONS:

  • You must email, within fifteen (15) days of the date your device was shipped.
  • You are responsible for paying any excess usage fees, and the first month service charge
  • Return Authorization: Prior to returning your device/product to us, you must obtain a return authorization number which you can obtain via email
  • We receive your device in its original condition, with the UPC or bar code, serial numbers and device/product identifiers intact, readable, reasonable wear and tear excluded, no later than 15 days after you cancel your service. All components, manuals and registration card(s) must be included
  • Shipping Costs: You pay all costs of shipping your device back to us. We are not responsible if your device is lost in transit
  • Certain taxes, such as per-line taxes, and sales taxes required by a state or locality, will not be refundable
  • Customers who buy their devices at retail must refer to the return policy of the retailer where you purchased your device for anything related to the device
Termination

You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. You can terminate Services at any time by writing and/or emailing us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services and you must also pay us an Early Termination Fee for each applicable Device that you terminate.

Corporation reserves the right to

  • modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof) and
  • refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if The Corporation believes that you have violated this TOS.

The Corporation shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. The Corporation will use good faith efforts to contact you to warn you prior to suspension or termination of your account by The Corporation. All of Your Content on the Service (if any) may be permanently deleted by The Corporation upon any termination of your account in its sole discretion, all accrued rights to payment and the terms shall survive termination of this TOS.

INVOICING/BILLING:

Your invoice/bill provides you notice of your charges. It reflects monthly recurring charges that is billed in advance of the service, and usage/transaction specific charges (usually billed in the bill cycle in which they're incurred). Your bill may also include other important information and notifications (for example, changes to this Agreement, to your Service, legal notices, etc.). Your bill will only be available via email. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.

DISCLAIMER OF WARRANTIES

THE HARDWARE “PRODUCT” COMES WITH A LIMITED WARRANTY OF SIX MONTHS FROM THE DATE OF PURCHASE, FOR THE HARDWARE SUBJECT TO THE EXCLUSIONS LISTED BELOW FOR “PRODUCTS” SOLD BY THE CORPORATION. THE LIMITED WARRANTY IS THE EXCLUSIVE REMEDY. THIS WARRENTY APPLIES TO THE FIRST AND DIRECT CUSTOMER OF THE CORPORATION AND IS NOT TRANSFERABLE

1. LIMITED WARRANTY TERMS:

ALL PRODUCTS MUST BE SOLD DIRECTLY BY THE CORPORATION TO THE CUSTOMER AND STARTS FROM THE DATE OF SALE AND WILL BE IN EFFECT FOR 6 MONTHS. AT ITS OPTION, THE CORPORATION WILL REPAIR, REPLACE OR REFUND THE PURCHASE PRICE OF ANY PRODUCT THAT DOES NOT CONFORM TO THIS WARRANTY. WE MAY USE RECONDITIONED/REFURBISHED/PRE-OWNED THAT WILL BE FUNCTIONALLY THE SAME.

2. EXCLUSIONS:
  • UNAUTHORIZED MODIFICATIONS, ALTERATIONS, DESTRUCTION OF OR DAMAGES RESULTING ANY TYPE OF DAMAGE, INCLUDING PLASTIC HOUSING, HARDWARE, SOFTWARE, LABELING, SERIAL NUMBERS, BROKEN SEALS
  • ABUSE OF PRODUCT
  • IMPROPER, INAPPROPRIATE, OR ABNORMAL USAGE AND OPERATION, INCLUDING ACCIDENTAL DAMAGE, OR OTHER TYPES OF MISUSE, MIXED SERIAL NUMBERS AND/OR PARTS INSTALLED DIFFERENTLY, OR OTHER EVIDENCE THAT THE DEVICE HAS BEEN TAMPERED
  • USE OF THIS PRODUCT WITH OTHER PRODUCTS THAT RENDER THE CORPORATION’S PRODUCT INEFFECTIVE
  • EXTREME USAGE
  • CONTACT WITH LIQUIDS, EXTREME TEMPERATURES, PERSPIRATION, IRREGULAR ELEMENTS, SAND, DIRT, AND OTHER ABNORMAL CONTACT.
  • ANY OTHER ACTS THAT ARE NOT THE FAULT OF CORPORATION
  • NORMAL WEAR AND TEAR IS EXCLUDED. PERIODIC REPAIR AND MAINTENANCE DUE TO NORAML WEAR AND TEAR ON PRODUCT IS NOT INCLUDED.
LIMITATION OF LIABILITY

THE SERVICE, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE CORPORATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY. THE CORPORATION MAKES NO WARRANTY THAT

  • THE SERVICE OR HARDWARE WILL MEET YOUR REQUIREMENTS,
  • THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE,
  • THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR HARDWARE WILL BE ACCURATE OR RELIABLE, OR
  • THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE CORPORATION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

IN PARTICULAR, ALTHOUGH THE CORPORATION ENDEAVORS TO ENSURE SUCCESSFUL DETECTION OF VEHICLE ACIVITIES/EVENTS (SUCH AS, BUT NOT LIMITED TO, COORDINATES, ADDRESSES, TIME STAMPS, TIME, START, STOP, SPEED, ACCELERATION, DECELERATION, IDLE AND CRASH REPORTS), NOT ALL ACTIVITIES/EVENTS MAY BE DETECTED AND THE CORPORATION DOES NOT GUARANTEE THAT THE SERVICE OR HARDWARE WILL DETECT AND/OR REPORT ALL VEHICLE CRASHES, OR THAT EMERGENCY ASSISTANCE WILL BE PROVIDED. THE CORPORATION IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER.

THE SYSTEM IS NOT MEANT FOR FIRST RESPONDER OR ANY FORM OF EMERGENCY OR SAFTEY SERVICES. IF ANY EMERGENCY, SAFTEY RESPONDERS OR OTHER SERVICE PROVIDERS ARE CONTACTED ON YOUR BEHALF, WE ARE NOT RESPOSIBLE FOR THE SERVICE’S INABILITY OR FAILER TO PROVIDE ACCUARTE DATA OR INFORMATION.

FURTHER, THE SERVICE DOES NOT GUARANTEE THAT USE OF THE HARDWARE, SOFTWARE OR SERVICES WILL RESULT IN ANY EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE. THE INSTALLATION OF THE DEVICE IS AT THE SOLE RISK OF THE CUSTOMER. THE CUSTOMER MUST VERIFY DEVICE COMPATIBILITY WITH THE VEHICLE PRIOR TO INSTALLATION.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE CORPORATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR

  • ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION,
  • ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE SERVICE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INJURIES TO PERSONS OR PROPERTY RELATED TO USE OF NON-EMERENCY AND EMERGENCY NOTIFICATION SERVICES OR ANY DAMAGES RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HARDWARE, OR
  • ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU, FOR THE SPECIFIC DEVICE, IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO SERVICE FEES APPLY, NINETY ($90) U.S. DOLLARS.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, THE CORPORATION’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNICATION

You shall defend, indemnify, and hold harmless The Corporation from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service or Hardware. The Corporation shall provide notice to you of any such claim, suit or demand. The Corporation reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting The Corporation’s defense of such matter

ASSIGNMENT

You may not assign this TOS without the prior written consent of The Corporation, but The Corporation may assign or transfer this TOS, in whole or in part, without restriction.

GOVERNING LAW

This TOS shall be governed by the laws of the State of Nevada without regard to the principles of conflicts of law. Unless otherwise elected by The Corporation in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Nevada for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.

DISPUTE AND RESOLUTION BY BINDING ARBRITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if The Corporation has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. If you initiate an arbitration in which you seek more than $1,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement: The Corporation and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this TOS.

References to "Corporation", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this TOS, you and The Corporation are each waiving the right to a trial by jury or to participate in a class action. This TOS evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this TOS.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to The Corporation should be sent to the address located in the “Contract Us” portion of our website ("Notice Address"). The Notice must:

  • describe the nature and basis of the claim or dispute; and
  • set forth the specific relief sought ("Demand").

If The Corporation and you do not reach an agreement to resolve the claim within Ninety (90) calendar days after the Notice is received, you or The Corporation may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Corporation or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Corporation is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (“AAA”), as modified by this TOS, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA, or by writing to the Notice Address. The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless The Corporation and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, then we agree that the arbitration may be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND THE CORPORATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Corporation agree in writing otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this TOS to the contrary, we agree that if The Corporation makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service or Hardware, you may reject any such change by sending us written notice within fifteen (15) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING

NOTICE OF CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Hardware from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 
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