Terms of Use Agreement (United States)
1. Acceptance
IMPORTANT, PLEASE READ THESE TERMS OF USE VERY CAREFULLY BEFORE USING THE SERVICES.
By clicking on "Accept" or checking the box corresponding thereto, you will be bound to the following (as applicable) with regard to your use of the Services: (i) this Agreement; (ii) the prices and purchases options represented at the time of purchase; and (iii) the Disclaimer and Privacy Policy. [HYPERLINK TO DISCLAIMER AND THE PRIVACY POLICY] IF YOU HAVE PURCHASED THE SERVICES FROM AN AUTHORIZED RESELLER OR AUTHORIZED DEALER, THESE TERMS AND CONDITIONS SHALL APPLY SUBJECT TO THE LIMITATIONS OF THE PARAGRAPH ABOVE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE PREVIOUS POLICIES AND ALL OF THE TERMS AND CONDITIONS BELOW, THEN YOU MAY NOT USE THE SERVICES AND YOU SHOULD DISCONTINUE IMMEDIATELY ANY USE OF THE SERVICES.
2. Account Eligibility
In order to create an account through the Sites, you must be a purchaser (the "Customer") of SecuraTrac Services (the "Customer Account") or an authorized user of the Services who has been authorized by a certain Customer to create an account ("Authorized User") linked to such Customer's Account ("Authorized User Account"). Except as otherwise expressly stated herein (e.g., billing), Customers and Authorized Users shall be jointly and severally responsible for and liable for all the terms and conditions of this Agreement with respect to a Customer Account.
You must be over the age of 18 to purchase the Services and/or create or use a Customer Account or Authorized User Account (see below). Under no circumstances may a child under the age of 18 purchase the Services or create a Customer Account or Authorized User Account. However nothing contained herein shall prevent a child under the age of 18 (or under the age of 13) from using the Products for the Product's intended purposes, provided that the child has obtained Customer's permission and permission from his or her parent or guardian. Further, nothing contained herein shall prevent a child under the age of 18 (as long as such child is not under the age of 13) from becoming an Authorized User or using an Authorized User Account or the Site, provided that the child has obtained Customer's permission and permission from his or her parent or guardian.
3. Customer Accounts
When a Customer purchases Services through the Sites or otherwise from SecuraTrac, or have purchased through an authorized reseller or authorized dealer and have been directed to create a Customer Account by such third party, a Customer provides us with certain information including, without limitation, name, email address, phone number, a credit card, billing address and a password chosen by the Customer (collectively, the "Customer Credentials") that identifies you as a Customer. These Customer Credentials submitted by you will be used in accordance with the SecuraTrac Privacy Policy.
By creating a Customer Account, you agree to the following:
You will provide accurate, current, and complete Customer Credentials about you as may be prompted by any registration forms on the Sites, and to keep the Customer Credentials current and complete, including without limitation the emergency contact phone numbers in your Customer Account's "LifeTrac Speed Call Settings".
You will maintain the security of your Customer Account password and identification and not disclose your password to any third party;
You will be fully responsible for all use of your Customer Account and for any actions that take place using your account.
Unless expressly permitted by the Company, you may not register for more than one Customer Account, register for or manage a Customer Account on behalf of an individual other than yourself, or register for a Customer Account on behalf of any group or entity. Notwithstanding the foregoing, the Company authorizes you to register for more than one Customer Account if an Authorized User Account for Services in connection therewith is to be used for a family member or any person who you are the legal guardian and caretaker, provided that you shall remain the Customer and you shall be responsible for complying with and assuring that such other person complies with the terms of this Agreement and the other agreements incorporated herein. You understand and acknowledge that you have no ownership rights in your Customer Account, and that if you cancel your Customer Account or if your Customer Account is deactivated for any reason, you (and any person you authorize to use the Services) may lose all your account information as well as any other information linked to such account. Customer must be a legal resident of the United States at the time of purchase to create a Customer Account and to continue to use the Services. In the event Customer changes his or her country of residence, different terms may apply in addition to this Agreement, and Customer agrees to immediately notify the Company of any changes of country of residence (or change the account information associated with the account if such new country of residence is available as a choice).
4. Authorized User Account
An Authorized User Account has limited features. For example, an Authorized User Account provides for no management of the Services, such as billing or termination. If you have been authorized to create an Authorized User Account by a Customer, your Authorized User Account will be fully accessible by such Customer. Creating an Authorized User Account will not allow you to access the Customer Account to which your Authorized User Account is linked.
When you create an Authorized User Account, you provide us with certain information including, without limitation, name, email address, phone number, and a password chosen by the Authorized User (collectively, the "Authorized User Data"). This Authorized User Data submitted by you will be used in accordance with the SecuraTrac Privacy Policy. By creating an Authorized User Account, you agree to the following:
You will provide accurate, current, and complete Authorized User Data about you as may be prompted by any registration forms on the Sites, and to keep the Authorized User Data current and complete.
You will maintain the security of your Authorized User Account password and identification and not disclose your password to any third party;
You will be fully responsible for all use of your Authorized User Account and for any actions that take place using your Authorized User Account.
You understand and acknowledge that you have no ownership rights in your Authorized User Account, and that SecuraTrac or the Customer linked to your Authorized User Account may cancel your Authorized User Account at any time for any reason. If you cancel your Authorized User Account or if your Authorized User Account is deactivated for any reason, you may lose all your account information.
Authorized User must be a legal resident of the United States at all times during access and use of the Authorized User Account. In the event Authorized User changes his or her country of residence, different terms may apply in addition to this Agreement (to both Authorized User and Customer), and Customer and Authorized User each agrees to immediately notify the Company of any changes of country of residence (or change the account information associated with the account if such new country of residence is available as a choice).
5. User Conduct
You must use the Sites and the Services only in a manner that is consistent with the intended purpose of the Sites and the Services and in accordance with this Agreement. You agree that you will not use the Sites or the Services for any illegal purpose. You are prohibited from facilitating the violation of any part of this Agreement or from utilizing the Sites or the Services to violate another provider's terms of use.
a. Inappropriate Content. You shall not use the Sites or the Services in order to transmit, distribute or store material: (i) that would constitute, encourage, promote, facilitate or instruct others to engage in illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (ii) that may adversely affect the Sites or the Services, the Company, or any SecuraTrac users; or (iii) that may expose the Company, or its licensors to criminal or civil liability.
b. Intellectual Property. You shall not use the Sites or the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and rights derived from laws protecting patents, trademarks, trade secrets or other proprietary information. You further agree that you shall not use automated scripts to collect information from, or to otherwise interact with, the Sites or the Services.
c. Harmful Actions and Content. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Sites or the Services, regardless of intent, purpose or knowledge. You shall not use the Sites or the Services to transmit, distribute or store material that may be harmful to or interfere with the Sites or any third party's networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, overburden, or limit the functionality of any computer software or hardware or telecommunications equipment. You shall not use the Sites to impersonate any person or entity, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing"). You shall not use the Sites to falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, nor shall you express or imply that any statements you make are endorsed by the Company.
d. Unsolicited Communications. You shall not use the Sites to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("Spam"). Further, you shall not use the service of another provider to send Spam to promote the Sites, or any portion thereof. In addition, you shall not use the Sites in order to send e-mail with forged TCP/IP packet header information or send malicious e-mail, including, without limitation, "mail-bombing".
6. Fees and Billing
a. Fees and Prices – Any purchase of the Services from the Sites or otherwise from SecuraTrac, or purchased through an authorized reseller or authorized dealer shall be in accordance with the prices and purchase options set forth at the time of purchase. Customer agrees to pay all fees listed at the time of purchase to SecuraTrac, or to the authorized reseller or authorized dealer. If you have purchased the Products from an authorized reseller, you agree that you will pay to SecuraTrac all monthly service fees thereafter. Customer agrees to pay all sales, use, property, service or other taxes in connection with Services. If purchasing Products under a Service Plan term commitment ("Service Plan Term Commitment"), you agree to pay such monthly Service Plan fees for the entire Service Plan Commitment. If you choose to terminate your Service Plan before the expiration of your Service Plan Term Commitment, you may be required to pay an Early Termination Fee as described in Section 6 of this Agreement.
b. Wireless Service Fee Billing – CUSTOMER IS RESPONSIBLE FOR ALL WIRELESS SERVICE CHARGES. Your wireless service entitles you to unlimited location requests for a single fee, provided that your country of record at the time of purchase is the United States. The service fee for wireless communications Service Plans will be automatically charged to the form of billing provided on the monthly anniversary date or the appropriate anniversary date based on your service plan. If your billing date falls on an irregular day of the month, you will be billed on the next closest date. For example, if your anniversary date falls on the 31st of a month with less than thirty-one (31) days, you will be charged the next monthly service fee on the 1st day of the following month. The following payment will be billed on the original anniversary date or, again, the following business day of the next month.
c. Voice Service Fee Billing – The service fee for voice communications Service Plans (1-way or 2-way phone communications) will be automatically charged to the form of billing provided on the monthly anniversary date based on your service plan for standard monthly minutes. Voice minutes are billed in thirty (30) minute bundles and rounded to the second of use. Additional minutes will be billed in thirty (30) minute bundles on or soon after the monthly anniversary date. If your billing date falls on an irregular day of the month, you will be billed on the next closest date. For example, if your anniversary date falls on the 31st of a month with less than thirty-one (31), you will be charged the next monthly service on the 1st day of the following month. The following payment will be billed on the original anniversary date or, again, the following business day of the next month.
d. The Section 6 shall not be applicable to those users acting solely as Authorized Users.
7. Cancellation, Termination and Returns by Customer
If Customer would like to cancel or terminate a Service Plan or return Products through any of the policies in this Section 7, Customer should first call SecuraTrac Customer Care at 888-9SECURA, extension 4. The following policies and additional procedures shall apply to cancellation or terminations of Service Plans and/or the return of Products. Only Customers may follow the procedures set forth in this Section 7, and Authorized Users are not permitted to take any of the actions contemplated under this Section 7.
a. SecuraTrac 30 Day Guarantee/Cancellation – If within thirty (30) days of purchase, you are not completely satisfied with your purchase, you may return the Product or cancel your Service Plan, for a full refund less the shipping and handling fees (if applicable), subject to the terms and conditions that follow. This policy is also applicable to Customers who have purchased a Product under a Service Plan Term Commitment. If a Customer who has pre-paid a certain number of months upfront, but has not purchased a Service Plan Term Commitment, is not completely satisfied with their purchase and chooses to return the Product or cancel the Service plan, such Customer will be entitled to a refund of the months prepaid by the Customer if canceled within such thirty (30) day cancelation period.
b. Termination of the Service Plan after Thirty Days
i. Month to Month Customers – Customers who have purchased a Product without a Service Plan Commitment may terminate their Service Plan at any time and Customer will only be required to pay the monthly fees required for the month in which Customer terminates the Service Plan.
ii. Service Plan Term Commitment Customers – For Customers who have purchased Products under a Service Plan Term Commitment and terminate their Service Plan prior to the end of the Service Plan Term Commitment, SecuraTrac may automatically without prior notice apply an early termination fee ("Early Termination Fee") to the final customer invoice in the form of billing already provided by the Customer. As an Early Termination Fee, SecuraTrac may charge up to the amounts due for the remainder of the Service Plan Term Commitment, and Customers agree to pay all such amounts not to the exceed the amounts to be paid under the remainder of the Service Plan Term Commitment.
c. Return and Refunds of Products
i. Refund Eligibility – As described above, you may return your Product for a full refund within thirty (30) days of purchase. After thirty (30) days from the date of purchase, at SecuraTrac's sole discretion you may be eligible for a refund up to the current purchase price of your SecuraTrac Product (less any applicable shipping and handling fees). Eligibility is based solely upon SecuraTrac's ability to re-use the Product. If you would like to inquire about returning your Product, please call us at 888-9SECURA, extension 4 or send us an email at [email protected].
ii. Return Procedures – In order to return a Product eligible for a refund, the following terms and conditions will apply:
You must call SecuraTrac Customer Care at 888-9SECURA, extension 4 to request your Return Materials Authorization number (the "RMA"), which is required in order to receive a return label needed for the box. The RMA will only be valid for up to ten (10) days from the date of issue.
If returning a Product within thirty (30) days of your purchase, you must contact SecuraTrac to obtain an RMA within thirty (30) days of purchase. To obtain your refund, you must then ship the Products to SecuraTrac within thirty (30) days from receipt of the RMA.
In order to ensure a prompt refund, include the RMA number and the proof of purchase (e.g. a copy of your credit card statement or a receipt).
All Products eligible for a refund must be returned in like new condition in the original packaging. Any products not returned in such condition will no longer be eligible for a refund, and SecuraTrac has no obligation to return Products sent to SecuraTrac by you that are not returned in like new condition.
If these conditions are met, we will refund the full price of your purchase including sales tax (but less the shipping and handling fees) within fifteen (15) days of verifying the receipt of the returned items in the proper condition. If you have not cancelled your Service Plan by the time we receive your Product that is to be returned, we will cancel it for you and will provide the credit in accordance with the terms described above. If you fail to return all items originally shipped with your original purchase, SecuraTrac will charge a $25 re-stocking fee in addition to the retail price of any missing items.
Purchases through an Authorized Reseller or Authorized Dealer – If you have purchased the Services directly through an authorized reseller or authorized dealer, you are required to follow the return, cancellation and termination policies of such reseller or dealer. If applicable, please contact your reseller or dealer for its return policies and procedures.
d. Service Re-start – Customers on month to month Service Plans have the option to re-start their Service Plan without any additional fees to the Customer. If you returned your Product after terminating your month to month Service Plan you will be required to purchase a new Product. If you do decide to re-start your monthly Service Plan, please call us at 888-9SECURA, extension 4 or send us an email at [email protected] with a current contact phone number. Customers under a Service Plan Term Commitment who terminate their Service Plan prior to the expiration of their Service Plan Commitment may restart their former Service Plan only after they have paid all remaining amounts due under their previous Service Plan Term Commitment.
8. Termination of Services SecuraTrac
Termination for Failure to Pay Fees – SecuraTrac reserves the right to terminate this Agreement upon your failure to pay any required fees within ten (10) days of a Customer invoice. If you have purchased from an authorized reseller or authorized dealer, SecuraTrac reserves the right to terminate this Agreement if you have not paid the authorized reseller or authorized dealer any required fees within ten (10) days of Customer invoice. In the event of a declined billing attempt for credit and debit cards or automatic monthly payments, we will try to process the payment twice within a ten (10) day period following the date which payment was due. SecuraTrac reserves the right to terminate your Service Plan at anytime without prior notice after failed billing attempts, and you will responsible for any amounts due to SecuraTrac, including the monthly fees under a Service Plan Term Commitment. In the event that a Customer payment by check bounces, SecuraTrac has the right to charge you by any other means available to SecuraTrac and/or immediately terminate this Agreement. Should SecuraTrac terminate your Service Plan for failure to pay fees, you will still be responsible for any remaining fees owed to SecuraTrac by you, including without limitation the monthly service fees under a Service Plan Term Commitment. If Customer's Service Plan is terminated by SecuraTrac for a failed billing attempt, and Customer later chooses to re-start their Service Plan, SecuraTrac may charge Customer a one-time, re-start fee of $50, in addition to the then current monthly service fee to re-start the Service Plan, and may require said Customer choosing to re-start their Service Plan to prepay up to twelve (12) months of Customer's month to month Service Plan at the time of re-start.
Termination by SecuraTrac – SecuraTrac may terminate this Agreement at its sole discretion, at any time, for any reason or no reason, without prior notice to you, whether you purchased the Services directly from SecuraTrac or though and authorized reseller or authorized dealer. Should SecuraTrac terminate this Agreement pursuant to this Section 8(b), you will not be charged an Early Termination Fee and you will be entitled to a refund of any prepaid monthly payments and a pro rata portion of the monthly fees, calculated based on the date of termination. If SecuraTrac terminates this Agreement for failure by authorized dealer to pay SecuraTrac amounts due to SecuraTrac under the authorized form of customer agreement by and between you and the authorized dealer, you will not be entitled to a refund from SecuraTrac of any fees paid to authorized dealer, provided that in such cases, Customer may contact the authorized dealer for a refund pursuant to Customer's authorized form of customer agreement. However, in the event SecuraTrac terminates this Agreement pursuant to this Section 8(b), you will not be entitled to a refund of the purchase price of any Products, whether purchased from SecuraTrac or an authorized reseller or authorized dealer.
9. Network Service Coverage and Interruption of Network Service Coverage
SecuraTrac Services are provided through global wireless service and radio transmissions ("Network Service Coverage"). The Network Service Coverage may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We cannot provide Network Service Coverage when your Product is not within range of a transmission site. For avoidance of any doubt, under Section 8(b), SecuraTrac may terminate this Agreement for any reason, including without limitation a Network Service Coverage failure whether such failure was as a result of the negligence of SecuraTrac or an authorized reseller or authorized dealer.
Notwithstanding the foregoing, if the Network Service Coverage is interrupted for twenty-four (24) or more continuous hours as a result of actions taken by SecuraTrac or an authorized reseller or authorized dealer, SecuraTrac may, at its sole discretion, issue you, upon request, either a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period.
10. Loss of Device
If your Product is lost or stolen, you must contact us immediately to report the loss or theft. SecuraTrac will not provide you with a replacement Product if your Product is lost or stolen. After you report the theft or loss to us, you remain responsible for complying with all obligations under this Agreement including, but not limited to, payment of any monthly service fees for the Service Plan Term Commitment.
In the event that you lose your Product and you have purchased SecuraTrac device insurance, you will have the option to purchase a replacement Product at fifty percent (50%) off the then current retail price. You must have device insurance in effect at the time the Product is lost or stolen in order to redeem the offer. Insurance is billed using the same terms and conditions of the Monthly Service Plans. SecuraTrac reserves the right to review your account activity and insurance history prior to authorizing the replacement product and reduced pricing.
11. Purchasing of Services
When purchasing Services, either from SecuraTrac or an authorized reseller or authorized dealer, Customer authorizes SecuraTrac or an authorized reseller or authorized dealer to request and obtain credit history from a credit bureau or other agency providing credit information, and said credit bureau or other agency has Customer's permission to release this credit information to SecuraTrac or an authorized reseller or authorized dealer. In order to protect SecuraTrac and you from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the number of Products that may be ordered online by a single individual or entity. We reserve the right to further limit quantities or to cancel or reject orders in its sole discretion.
12. Changes to Terms and Rates
We may change any terms, conditions, rates, fees, expenses, or charges regarding the Services at any time, including without limitation any terms, conditions, rates, fees, expenses or charges in connection with the authorized form of customer agreement by and between you and an authorized reseller or authorized dealer. We will provide Customer with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by whichever form of notice under Section 23 of this Agreement which SecuraTrac determines to be most practicable. Customer understands and agrees that State, Federal, and other governmentally imposed fees, whether or not assessed directly upon Customer, may be increased based upon the government's or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH CUSTOMER HAS PURCHASED, AS SUCH PRICES ARE SET FORTH ON THE SITES, AT THE TIME OF PURCHASE OR BY AN AUTHORIZED RESELLER OR AUTHORIZED DEALER, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH CUSTOMER'S NETWORK SERVICE COVERAGE APPLIES, WE WILL NOTIFY YOU OF THE CHANGE IN ADVANCE. This Section 12 is not applicable to those solely acting as Authorized Users.
13. Additional Rental Customer Agreement Terms
Products being used under that certain Rental Agreement by and between a rental customer and SecuraTrac, or you and an authorized reseller, authorized dealer or subcontractor, remain the property of the Company (or such authorized reseller, authorized dealer or subcontractor) unless converted into a purchase. Risk of loss of the Products, or any part of the same, shall pass to Customer upon delivery to Customer's premises of the Products or part thereof. Those using the Services in connection with any rented Products are subject to the terms and conditions of this Agreement and the policies incorporated herein.
Rental customers renting directly from SecuraTrac may convert their rental into a purchase either by explicitly stating their intent to buy or by keeping the rental and not returning it after the expiration of the applicable grace period (as described in your Rental Agreement). Upon conversion, you will be automatically charged the full retail price plus any applicable sales tax, less any rental fees paid to that point. At such point, you will automatically be enrolled in the unlimited nationwide monthly service plan, and will be charged in the form of billing used for your Rental Agreement. While all other applicable terms of this Agreement shall apply to the rental converted into a purchase from SecuraTrac, you will not be able to return your Products under the thirty (30) day cancellation policy described in Section 7 of this Agreement.
14. License Grant
Subject to the terms and provisions of this Agreement, and so long as you fully comply at all times with this Agreement, SecuraTrac grants you a non-exclusive and limited license to use the Services for the personal purpose for which the Products were intended for. In exercising your limited rights hereunder, your use of the Services shall comply at all times with all applicable laws, regulations, ordinances, and statutes. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Products and all rights not expressly granted are reserved by SecuraTrac and its licensors.
15. No Support or Upgrade Obligations
The Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Services.
16. User Obligations
By purchasing or using Services, you consent and agree to the following: (i) you will notify SecuraTrac of any defect in the Services within five (5) days of a malfunction; (ii) you will test the Services every month in accordance with instructions provided to the you by SecuraTrac; and (iii) you will provide SecuraTrac with current emergency contact Information or any other information necessary for SecuraTrac to provide the Services, including without limitation the LIfeTrac Speed Call Settings. You further consent and agree that any medical personnel or law enforcement notified to enter any premises as a result of your use of the Services may enter with force if necessary, and that you have authority to grant such access. IF YOU FAIL TO COMPLY WITH THESE OBLIGATIONS, SECURATRAC WILL NOT BE RESPONSIBLE FOR ANY WARRANTIES OR SERVICES PROVIDED UNDER THIS AGREEMENT.
17. Representations and Warranties
You represent and warrant the following: (i) you have full right and power to enter into and perform this Agreement without the consent of any third party; (ii) you have to the full right and power to use the Services; (iii) the Customer creating a Customer Account provides true and accurate Customer Credentials; (iv) the Authorized User creating an Authorized User Account provides true and accurate Authorized User Data; (v) the Customer purchasing the Services is over the age of 18; (vi) user of the Customer's Product who is under 18 has obtained the Customer's authorization to use the Product; and (vii) an Authorized User has obtained the consent of the Customer to create an Authorized User Account and to use the same.
18. Indemnification
You will indemnify, defend, release, protect and hold harmless SecuraTrac, its directors, managers, officers, employees, dealers, resellers, suppliers, distributors, subcontractors, agents, successors, and assigns from and against all claims, actions, liabilities, losses, risks of injury, death or other hazards for which the Services are intended to detect or avert, expenses, damages, and costs, including but not limited to reasonable attorneys' fees and reasonable settlement expenses that may at any time be incurred by reason of any claim, suit, action or other proceeding that is based on or arises from any breach of warranties or restrictions provided under this Agreement, from any claim made by a third party in connection with this Agreement or the Services provided hereunder, including claims arising in whole or in part or related to defects in design, installation, maintenance, monitoring, operation or non-operation of the Services, whether those claims be based upon negligence, gross negligence, warranty, or strict products liability on the part of SecuraTrac, its directors, officers, employees, dealers, resellers, subcontractors, or agents. For avoidance of any doubt, you are responsible for payment of any and all costs and expenses of emergency personnel in the event emergency services are dispatched as a result of your use of the Services (or as a result of any other person you allow to use the Services), including but not limited any fine, penalties or other charges for any false alarms or signals.
19. Limitations of Service and Liability
SECURATRAC OR ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, DEALERS, SUBCONTRACTORS, RESELLERS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, RISK, INJURY, DEATH, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (EVEN IF SECURATRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR FOR CLAIMS ARISING OUT OF THIS AGREEMENT, RELATING TO THE USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SERVICES, THE DESIGN OR OPERATION OF THE SERVICES, OR ANY INTERRUPTION OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. IN NO EVENT SHALL SECURATRAC ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, DEALERS, SUBCONTRACTORS, RESELLERS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE OR USER'S NEGLIGENCE, FOR ANY: (I) ACT, ERROR OR OMISSION OF A THIRD PARTY, INCLUDING WITHOUT LIMITATION RESELLERS, DEALERS, OR SUBCONTRACTORS; (II) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS OR DEFECTS IN THE SERVICES PROVIDED BY OR THROUGH US, INCLUDING WITHOUT LIMITATION FAILURE OF THE SERVICES TO FUNCTION AS INTENDED AS A RESULT OF TAMPERING WITH OR DISRUPTION OF TELEPHONE OR BROADBAND SERVICE OR CUTTING OF PHONE OR BROADBAND SERVICE LINES; (III) DAMAGE OR INJURY CAUSED BY THE USE OF SERVICES, INCLUDING ANY USE IN A VEHICLE; (IV) CLAIM AGAINST YOU BY THIRD PARTIES; (V) FAILURE BY CUSTOMER OR ANY OTHER USER TO KEEP CURRENT EMERGENCY CONTACT INFORMATION, INCLUDING WITHOUT LIMITATION INFORMATION INCLUDED IN CUSTOMER ACCOUNT'S LIFETRAC ALERT SPEED CALL SETTINGS; (VI) MISUSE OF THE PRODUCT OR SERVICES BY YOU, INCLUDING WITHOUT LIMITATION USING THE PRODUCT FOR COMMERCIAL PURPOSES OR FAILURE TO ADEQUATELY MAINTAIN THE PRODUCT (OR KEEP THE PRODUCT ADEQUATELY POWERED OR INSTALLED WITH WORKING BATTERIES (AS APPLICABLE) OR SERVICES (E.G., MAINTAINING CURRENT EMERGENCY CONTACT INFORMATION OR BILLING INFORMATION)); (VII) DAMAGE OR INJURY CAUSED BY A SUSPENSION OR TERMINATION OF SERVICES BY ANY THIRD PARTY OR US; (VIII) DAMAGE OR INJURY CAUSED BY FAILURE OR DELAY IN CONNECTING A CALL TO 911 OR ANY OTHER EMERGENCY SERVICE; OR (IX) USE OF THE SERVICES OR THE SITES IN BREACH OF ANY PROVISION OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or any third party is limited to the greater of (i) the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability; (ii) the total fees an authorized reseller or authorized dealer (as applicable) paid to us in connection with your purchase from such authorized reseller or authorized dealer in the twelve (12) months prior to the action giving rise to the liability; or (iii) $100.00.
20. Limited Warranty
Subject to the terms of this Agreement, SecuraTrac warrants its Products against defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase ("Limited Warranty"). If a defect exists, at its option SecuraTrac may exchange the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product. This Limited Warranty is rendered null and void when the Product is used for commercial purposes, has been modified in any way, has been used in a way contrary to the instructions provided or if you are in breach of this Agreement.
EXCEPT WITH RESPECT TO THE LIMITED WARRANTY, SECURATRAC ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, DEALERS, SUBCONTRACTORS, RESELLERS, AGENTS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIMS ANY WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND COURSE OF DEALING OR COURSE OF PERFORMANCE), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, ORAL, WRITTEN OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FOR AVOIDANCE OF ANY DOUBT, SECURATRAC DOES NOT WARRANT OR REPRESENT THAT: (I) THE SERVICES WILL PREVENT DEATH, BODILY HARM OR PERSONAL INJURY; (II) THE SERVICES OR NETWORKS UPON WHICH THE SERVICE RELIES WILL OPERATE ERROR-FREE, INCLUDING WITHOUT LIMITATION SEVERE WEATHER, EARTHQUAKES, STRIKES, OR SECURATRAC SYSTEM FAILURES; OR (III) THE APPROPRIATE EMERGENCY PERSONNEL WILL BE CONTACTED OR THAT THE EMERGENCY PERSONNEL CONTACTED WILL PROMPTLY OR PROPERLY RESPOND TO YOUR MEDICAL NEEDS.
SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
21. Disputes
WITHIN ONE HUNDRED (100) DAYS OF THE DATE OF ANY EVENT GIVING RISE TO A DISPUTE, YOU MUST NOTIFY US OF SUCH DISPUTE, INCLUDING A DISPUTE OVER ANY CHARGES AND ANY SERVICES WE PROVIDED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE CHARGE OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE. Notice must be in the form as described under Section 23 of this Agreement.
22. Assignment and Subcontract
We may assign this Agreement, or subcontract out any of the Services provided under this Agreement, in whole or in part, at any time with or without notice to you. If applicable, your authorized dealer or authorized reseller may assign its rights relating to your purchase of the Services in whole or in part, at any time with or without notice to you, to SecuraTrac. You may not assign or transfer this Agreement or any agreement you execute with an authorized reseller or authorized dealer, or any part of it, to any other person. Any attempt by you to do so is void.
23. Notice
All notices by you to the Company under this Agreement must be in writing. You agree that SecuraTrac may contact you by phone, email, or other means by which SecuraTrac determines to be appropriate from time to time, including without limitation playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your Product. Please review the Sites for the current SecuraTrac email address.
If notice is mailed, you should send notice to SecuraTrac, 703 Pier Avenue, Suite B313, Hermosa Beach, CA 90254, or as such mailing address is listed on the Sites from time to time. Any such notice will be considered to have been given five (5) business days after it was mailed, as evidenced by the postmark. If delivered by hand, any such notice will be considered to have been given when received by the party to whom notice is given, as evidenced by written and dated receipt of the receiving party.
24. Disputes: Governing Law; Venue and Jurisdiction
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County, California, to resolve any dispute arising out of the Services or this Agreement.
25. Miscellaneous
This Agreement, and any documents expressly referred to herein, including without limitation the Disclaimer https://www.securatrac.com/disclaimer, Privacy Policy https://www.securatrac.com/privacy, Rental Agreement (if applicable), or any agreements relating to purchases of the Services from an authorized reseller or authorized dealer (if applicable), constitute the entire agreement and understanding between you and the Company regarding your use of the Sites and the Services. For avoidance of any doubt, for purposes of this Agreement the use of the term "authorized" (e.g. authorized form of agreement, authorized reseller, authorized dealer) refers to written authorization by SecuraTrac. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
