Accepting the Terms
The entity providing you these products and services will be referred to as the
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.
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,
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
- 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
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.
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
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 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
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
- 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
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
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
- 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.
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
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
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
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
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.
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.
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.
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.
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
- 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
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
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.
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
- 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 (A) ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, (B) 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 (C) 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.
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
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
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
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
- 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
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.