Terms and Conditions

 

MICROTRAKGPS TRACKING SERVICES TERMS & CONDITIONS

This Agreement for tracking services ("Agreement") is made between MicroTRAKgps ("MT" or “US” or “WE”) and the user of the Tracking Service ("Customer" or “YOU”). The Tracking Services (“Services” or “Service”) provides vehicle location and tracking from the Internet via the MicroTRAKgps server and associated software. The Services include a secure logon for accessing and tracking vehicles equipped with a tracking device ("Device") designed to send GPS positions and event notifications ("Locates") to MicroTRAKgps. The initial term of this Agreements is one year.

SERVICE PLANS MT service plans are billed to the credit card provided by Customer at the time of activation. Customers may elect annual or monthly billing. Service plans automatically renew for one year terms which are billed monthly to the credit or debit card on file unless Customer provides MT thirty (30) days written notice of intent to terminate the Service Plan. Customer has the option to convert a renewed Service Plan from monthly billing to annual billing by contacting MT, requesting, and submitting payment for an annually billed Service Plan. MT will only accept requests from you (or from someone we believe is your authorized agent) to activate, cancel, or change your service. If we do any of these things, you agree to pay any charges associated with these requests.

SUBSCRIPTION RATE The Customer will pay to the Selling Dealer, or directly to MT, the associated annual or monthly Subscription Rate for the chosen Package as defined above plus any applicable Activation Fee. After ten (10) days all fees are non-refundable. Prior to ten (10) days subsequent to Activation Customer may receive a prorated refund of unused fees by providing MT with written notice of cancellation.

UNAUTHORIZED USAGE Customer agrees to not (a) modify any part of the Device or equipment or (b) decompile, reverse assemble, reverse engineer, translate or disassemble any part of the MT Device or equipment. If any Device or equipment is stolen or Services used fraudulently, Customer must notify MT immediately and provide MT with such information and documentation as MT may request (including, without limitation, police reports, and affidavits).

TERMINATION OR SUSPENSION MT may terminate your service without prior notice to you for any good cause. This means, for example, MT can terminate your service if you: breach any part of this agreement, don't pay amounts that are due to us or one of our service providers, interfere with our efforts to provide service, interfere with our business, or if your service is used for illegal or improper purposes. You don't have any right to have the service reactivated, even if you cure any of these problems. Whether to allow you to have service again will be entirely up to MT. MT can suspend your service for any reason we could terminate it. We can also suspend it for network or system maintenance or improvement, or if there's network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.

INSTALLATION Selling Dealer is responsible for the proper installation and operation of MT Equipment. MT will not be liable to Customer for any damages related to improper installation of MT equipment.

ACCOUNT INFORMATION It is Customer's responsibility to maintain current and accurate account information on the MT system and to exercise diligence in protecting Customer's logon and/or passwords. MT will not be liable for inaccurate account information related to Customer’s failure to maintain the account on the MT system with current information. MT will not be liable for Customer’s failure to safeguard logon and/or password information.

CHANGES MT can change your Plan or Service at any time. This includes changing any or all of this agreement, even the prices and services provided. IF YOU DON'T CANCEL YOUR SERVICE WITHIN 30 DAYS AFTER WE GIVE YOU NOTICE OF A CHANGE, YOU'RE AGREEING TO THE CHANGE AND IT BECOMES PART OF THE AGREEMENT BETWEEN US.

PRIVACY MT collects information about you and your vehicle several different ways: from what you and your vehicle dealer provide to us when you register for service or buy or lease your vehicle; from MT web pages you visit or your calls to us; from our wireless service providers; and from your vehicle itself when your equipment is active. THE INFORMATION WE GET FROM YOUR VEHICLE INCLUDES THINGS SUCH AS DATA ABOUT ITS OPERATION, ABOUT YOUR USE OF MT SERVICES, AND ABOUT WHERE YOUR VEHICLE IS. You agree that we can, subject to applicable law, use any of this information to: (a) provide services to you or your vehicle (including sharing that information with emergency service providers, or others, as needed); (b) check or maintain your Equipment; (c) provide information to the maker of your Vehicle about the vehicle's performance and to enable the maker of your vehicle to comply with law; (d) help you or managers of fleets of vehicles (if your vehicle is part of a fleet) to maintain the vehicle; (e) evaluate and improve our service; (f) enforce this agreement with you or others; (g) prevent fraud or misuse of service; (h) comply with legal requirements, valid court orders and exigent circumstances; (i) protect the rights, property, or safety of you or others; (j) offer you new or additional products or services; or (k) perform market research. NO WARRANTIES ON EQUIPMENT, INFORMATION, OR SERVICES Warranties are special kinds of promises. WE DON'T MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT MT Equipment or any other equipment used with MT service. You may have a warranty on MT equipment or other equipment from the maker of your Vehicle, but not from us. In addition, NEITHER WE, NOR ANY OF OUR SUPPLIERS, WIRELESS SERVICE PROVIDERS, LICENSORS, VEHICLE MAKERS, DISTRIBUTORS, OR DEALERS (THE "SERVICE PROVIDERS") MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT MT SERVICE OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. LIMITATIONS OF LIABILITY YOU AND MT ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS: First, WE AREN'T LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF MT Equipment OR MT SERVICE, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF MT EQUIPMENT. Second, OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR. Third, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US. Fourth, NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. Fifth, WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 24 HOURS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN SIXTY (60) DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. NO ONE IS LIABLE TO YOU FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS DON'T CONTROL. Sixth, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF US OR OUR SERVICE PROVIDERS. Seventh, if another wireless service provider is involved in any problem (for example, because of roaming), you also agree to any limitations of liability that it imposes on its customers. Eighth, neither we nor Service Providers who work with us to provide you with data or information can promise that any information or data supplied will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. YOU AGREE THAT NEITHER WE NOR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION. THIS MEANS THAT YOU CAN NOT RECOVER ANY DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL (such as lost revenues or lost contracts), INDIRECT, SPECIAL, OR PUNITIVE DAMAGES FOR THOSE ERRORS, DEFECTS, PROBLEMS, OR MISTAKES. YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR WIRELESS SERVICE PROVIDERS AND AREN'T A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND ANY OF OUR WIRELESS SERVICE PROVIDERS. Unless you have a separate contract with them, NONE OF OUR WIRELESS SERVICE PROVIDERS HAS ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. Finally, you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using your vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your service or Equipment. NOTE: Some states don't allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

LIMITATION OF ACTION Except for actions arising in connection with Indemnification (above), neither MT nor Customer may bring legal action with respect to this Agreement more than one year after the cause of action accrues.

ASSIGNMENT MT may assign all or part of the rights or duties of MT under this Agreement without such assignment being considered a change to the Agreement. As a result of any such assignment, MT shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of MT, which shall not be reasonably withheld.

GOVERNING LAW This Agreement is subject to applicable federal laws and the laws of the State of Texas.

ENTIRE AGREEMENT This is the entire Agreement between MT and Customer and supersedes any oral or written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.