Acceptance of terms of our service agreement
Updated Terms of Service: Effective on March 10, 2015
Your use of the GeoGPS Tracking service indicates that you accept these Terms of Service (the "Agreement"). If you do not accept these terms and conditions, do not launch service.
This Terms of Service represent the agreement ("Agreement") is an agreement between you (the "User") and GeoGPS Tracking, Inc. We provide Users with access to our system which can track and manage their vehicles by providing general and personalised information, communication tools, mobile applications, map tools and services (collectively referred to as "the Service", the "Subcription") directly, which information shall be used by you for your own purposes and which use is outside the control of GeoGPS Tracking. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us.
When you pay for Equipment it becomes your property. Purchasing equipment is a one-time purchase, Subscription on the other hand is a recurring cost to receive services. All equipment come with a lifetime warranty.
Installation is simple and can be performed by you, the customer, or a professional. We can suggest one of 250 locations which have performed installs for us by emailing us.
Equipment must be installed according to our instructions to work properly. Installation is simple and customer installations are acceptable and warranty safe. If you would like a professional installer to do it for you, we can help arrange that.
You agree to pay all fees charged to your account for the GeoGPS Service. If you choose any subscription, you will be charged such fees each month, even if you do not use the GeoGPS Service. This subscription can be any time cancelled from your side. we reserves the right to change the fees for the GeoGPS Service at any time, upon prior notice to you. Since the Payment is prepaid you may agree to (pay for) a one (1) month, three (3) month, six (6) month, or twelve (12) month term with GeoGPS Service.
You are responsible for any fees assessed by your wireless telephone carrier to access the GeoGPS Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the GeoGPS Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE AND ALL RELATED INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT FOR A PARTICULAR PURPOSE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GEOGPSLINK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but GEOLINK shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Each User is solely responsible for determining the appropriateness of using the Service and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
NEITHER GEOGPSLINK NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold GeoGPS Tracking, its suppliers, and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, demand, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Service or the GeoGPS Tracking Server.
We are not a monitoring company. As a customer and user of our Service, you have the ability and responsibility to monitor your fleet, and we give you the ability to effectively do that. GeoGPS may, but has no obligation to, monitor activity on the Site or events created using our Services and Equipment. We closely monitor operations of vehicle data only in the sense that we ensure accurate and reliable transmission to and from our Equipment and Services.