THE TERMS AND CONDITIONS IN THIS DOCUMENT SUPERSEDE ALL PRIOR ORAL OR WRITTEN QUOTATIONS, PROPOSALS, AGREEMENTS, INVOICES AND COMMUNICATIONS BETWEEN THE BUYER AND SELLER RELATED TO THE PRODUCTS AND SERVICES IDENTIFIED HEREIN. (Make sure all services are identified in this)
THIS POLICY LIMITS OUR LIABILITY AND YOUR USE OF GPS TRACKING DEVICES ON OUR PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS
This Agreement (“Agreement”) is by and between Matrack Inc. (The Company), and You, Your heirs, agents, successors and assigns (“You”). It is made effective as of the date of your product usage, purchase or electronic execution. This Agreement sets forth the terms and conditions of your use of The Company products, software and services, including all software and services, and explains obligations to You and Your obligations in relation to the Products, Software and Services You purchase. By purchasing Products, Software or Services from The Company, You acknowledge that You have read, understand, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which The Company may establish from time to time, and any agreements that Matrack Inc. is currently bound by or will be bound by in the future.
*TO ALL PURCHASERS AND USERS, BY USING THIS PRODUCT, SERVICE OR SOFTWARE, YOU AGREE TO LIMIT THE LIABILITY OF THE MANUFACTURER AND DISTRIBUTORS TO THE REPLACEMENT COST OR A REFUND IN THE AMOUNT OF THE PRODUCT, SERVICE OR SOFTWARE’S COST TO YOU FROM THE MANUFACTURER OR AUTHORIZED DISTRIBUTOR, AS PERMITTED BY LAW.
** DUE TO THE INHERENT NATURE OF GPS TECHNOLOGY AND DEPENDENCE UPON OTHER TECHNOLOGIES THAT ARE PROVIDED BY NON-PARTIES TO THIS AGREEMENT, NO GUARANTEE CAN BE MADE AS TO THE PRODUCT, SOFTWARE OR RELATED SERVICES’ FITNESS FOR A PARTICULAR PURPOSE OR USE – YOU MUST READ ALL INSTRUCTIONS TO BE AWARE OF THE INHERENT LIMITATIONS, SUCH AS LOSS OF SIGNAL, IN USING GPS TECHNOLOGY. GENERAL TERMS APPLICABLE TO ALL PRODUCTS, RELATED SOFTWARE AND/OR SERVICES
You agree that The Company may modify this Agreement and its related Services from time to time. Your continued use of the product, related software or services constitutes your acceptance and agreement to be bound by any such modifications. If You have purchased Services or Software from Matrack Inc., the terms of this Agreement shall continue in full force and effect as long as you use the Product, Software or Services. In the event You terminate Your usage, The Company will not refund any amounts You have paid unless otherwise agreed to in writing. You agree that The Company shall not be bound by any representations made by third parties whose products, software or services you may use in conjunction with your use of said products. Any statement of a general nature, which may be posted on Matrack Inc. websites or contained in promotional materials, will not bind Matrack Inc. Matrack Inc., may, at times, offer certain promotions with different charges and features, and such promotions may be discontinued at any time, without prior notice.
By using The Company’s products, software or related services, you are agreeing that you have read and understand all related warnings and notices provided therewith, or in the event you did not see the warnings included with the product or software, that you have reviewed and understood the warnings available on the Matrack Inc. websites for the product, software or service you are using, and you have provided access and/or discussed those warnings and instructions with any parties to whom you provide access to or use of, the product, software or service. Matrack Inc. disclaims any liability for your failure to read or follow warnings or instructions.
By purchasing and using live GPS tracking devices and service from The Company, you will be put on an email distribution list. You will receive periodic email that may contain tips and tricks, promotions, or other pertinent information regarding our GPS tracking service. Although not recommended, you may opt-out of receiving this email communication by clicking the “manage subscriptions” at the bottom of any of the messages. If you need to change the email address where you receive these messages, please contact email@example.com .
Subject to the terms and conditions of this Agreement, The Company shall attempt to provide, but cannot guarantee, GPS Related Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer understands and accepts that from time to time, without notice, the Services may be inaccessible or products may be inoperable for a variety of reasons, many of which may be outside of the control of The Company, including, without limitation: (i) equipment damage or malfunctions; (ii) periodic maintenance procedures or repairs which The Company may undertake; or (iii) causes beyond the control of Matrack Inc. or which are not reasonably foreseeable, including, without limitation to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures and shall not be entitled to any setoff, discount, refund or other credit. Customer agrees and understands that The Company has no control of availability of Tracking Services on a continuous or uninterrupted basis, in light of a variety of factors which can affect GPS reception, in addition to the factors listed above. Any break in service known to The Company will be relayed to Customer as soon as possible, but no guarantees are made with regards to the provision of notice. In the event that a pre-established interruption is necessary The Company will notify the customer with as much advanced notice as possible. In the event that a break in service or problem with product functioning occurs due to forces beyond control of The Company will attempt to notify Customers using reasonable means (such as posting information on its website or via email) and will make efforts to re-establish service on customers’ behalf, however, The Company cannot make any guarantees with regards to re-establishing services. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
As a condition of Your use of The Company Products, Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to The Company if, for any reason, The Company takes corrective action with respect to Your improper or illegal use of its Services. The Company reserves the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Company’s sole discretion. You agree that your information & tracking records may be released to any Law Enforcement Agency who requests the information in regards to an ongoing investigation regarding Your tracking device, wherein the said agency provides a Subpoena or Warrant. You agree that in the case of an emergency, your information & tracking records may be released to any Law Enforcement Agency who requests the information in regards to an ongoing investigation regarding Your tracking device without a Subpoena or Warrant. If You have purchased Services, The Company has no obligation to monitor Your use of the Services. The Company reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. The Company reserves the right to terminate Your access to the Services at any time, without notice, with the limitation on your damages being a refund for unused services. The Company reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against The Company or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. The Company may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. Customer also agrees to be solely responsible for obtaining any necessary consent from the person(s), vehicles, or assets that they will be tracked and agrees to abide by all state and federal laws concerning using tracking devices. Customer agrees to indemnify and hold The Company, and its subcontractors, Members, Officers & Employees harmless from any and all costs and expenses regarding any claim(s) arising from the unauthorized tracking by Customer. Customer is urged to speak with an attorney if they are not sure of applicable laws regarding tracking devices. Laws can vary from State to State, and Country to Country, regarding use of tracking devices.
In products that contain li-ion batteries, ensure that you read, understand, and follow all applicable rechargeable battery safety instructions. This is very important as lithium ion batteries can be a fire hazard if mishandled. Customers are solely responsible for the proper charging, usage, maintenance, and ensuring products are inspected and in proper working order.
Customer agrees not to remove or alter any equipment or software provided by The Company including removal of the SIM card from the tracking device. Customer will be billed, and agrees to be responsible for, any and all charges associated with altering the SIM card or using the SIM card in any other device other than the device registered with the Company website.
You are responsible for maintaining the confidentiality of Your login, password and any related information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify The Company immediately of any unauthorized use of Your account or any other breach of security. You agree that to the extent permitted by law, The Company will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by The Company, or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. The Company specifically disclaims liability for any activity in Your account, whether authorized by You or not.
Live technical support can be reached by sending a message through the “Support” link inside The Company. The Company technical support representatives will make every effort to handle support requests in a timely manner. The Company Technical Support department is manned 24/7/365, although support is limited during non-working hours (working hours are 8am-5pm, Mon-Fri, Pacific Time).
As consideration for the Software or Services purchased by You and provided to You by The Company, You agree to pay The Company for the GPS tracking equipment at the time You order. Upon device activation with The Company, all fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. The Company expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing a valid credit/debit card, Money Order, an online check, cashier’s check or a personal check. Billing cycles commence the day the device is delivered to your shipping address, as verified by the shipment tracking number. Subscribers are billed in advance for the respective billing cycle. Billing cycles are either monthly, or You can choose to prepay in 3, 6, or 12 month increments for a discount. Billing cycles, as previously mentioned, begin the day the device is delivered to the subscriber’s shipping address, and end the day prior to that calendar date at the end of the billing cycle (for example, if You receive the GPS device on June 15 and are on a monthly billing cycle, that billing cycle ends July 14. The only exception is for devices received after the 28th day of the month- billing cycle always ends on the 28th of the month). Subscribers that opt into a GPS service plan with The Company will be automatically and subsequently billed on a recurring basis for that plan, unless a change requested by the subscriber in writing. No pro-ration or refund will be given for cancellations prior to the end of any billing cycle, including prepaid plans. Device activation fees are non-refundable. If a written or email cancellation notice is not received at least 48 hours prior to the end of the billing cycle, the service will be automatically extended. Accounts must be canceled using the Cancel GPS Service link at http://www.matrackinc.com/reseller/client/activation/cancellation.php or by contacting the Support either via email firstname.lastname@example.org or phone +1 (855) 658-7225. Include Your account username and tracking device IMEI number (IMEI number can be found on the sticker on the device, on the device packaging, or inside your The Company account (under Account Information–>Listed Devices). Once an account is on a month to month term, recurring billing is performed up to 2 days prior to the end of the billing cycle to pay for tracking services for the following billing cycle. Cancellation requests must be received by The Company at least 2 days prior to the end of the billing cycle to prevent You from being charged for an additional month of tracking services. Any cancellations received after the billing date but before service start date will be refunded, minus a $10.00 service fee. If You opted for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. You will be assessed a $25.00 fee for reprogramming and shipping in the event You exchange one GPS device for another unless the exchange is due to manufacturer defect. In the case of defect, we will reprogram the new device and ship it to You at our expense. Customer’s failure to pay any fees when due shall be considered a material breach of this Agreement, and The Company may, in addition to any rights available to it at law or in equity, do any or all of the following: (i) assess late charges of the greater of one and one-half (1.5%) per month or the maximum allowable under applicable law, (ii) suspend performance of the Tracking Services, and terminate the Agreement without penalty; or (iii) require future payments hereunder to be made in advance of Tracking Services being rendered by The Company. Any suspension or termination of Tracking Services will not relieve Customer from paying past due fees plus late charges and in event of collection enforcement, Customer shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorney fees, court costs, and collection agency fees. Upon suspension of a customer’s account for non-payment, customer will be charged a re-activation fee after all past due balances have been settled if customer wishes to resume tracking on the network. Delinquent accounts will be terminated and the device(s) will be deactivated. Devices can be reactivated for a $25 fee.
Cancellation Policy for Monthly Subscription Renewals: You may cancel your Monthly Subscription at any time by going to http://www.matrackinc.com/reseller/client/activation/cancellation.php. If you need help, feel free to email us at email@example.com or phone +1 (855) 658-7225. If you cancel your Monthly Subscription, the cancellation will take effect for your next billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. All demo GPS devices or free ELD units or other products must be returned in good condition upon termination of the subscription. Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription at any time after you are billed for the then-current year and before you are billing for the next year, by going to http://www.matrackinc.com/reseller/client/activation/cancellation.php
GPS tracking data (reports sent in from GPS tracking devices) is stored on our main server and a backup server for 1 year. Data older than 1 year cannot be restored. An active The Company account is required to access GPS data. Upon termination of service, GPS data will be erased from the main server and the backup server and cannot be restored.
The following sections shall survive any termination or cancellation of this Agreement. Disputes/Arbitration/Jurisdiction/Venue Any claim, controversy or dispute that arises between the parties, their agents, employees, officers, directors or affiliates (“Dispute”) that the parties are unable to settle through consultation and negotiation may be mediated under the Commercial Mediation Rules of the American Arbitration Association (“AAA”) by a mutually acceptable mediator. Any Dispute that cannot be resolved through negotiation or mediation may be resolved by binding arbitration. The arbitrator will be selected in accordance with AAA procedures from a list of qualified people maintained by the AAA and will conduct the arbitration under the rules of the AAA then in effect, except as otherwise provided in this Agreement. The arbitration will be conducted in Gulfport, Mississippi and all expedited procedures prescribed by the AAA rules will apply. The arbitrator’s decision and award will be final, conclusive and binding, and judgment may be entered upon the decision and award in accordance with applicable law in any court having jurisdiction thereof. If arbitration is not used and a civil remedy is needed, The Company and You agree to use a court of appropriate jurisdiction within Riverside County, California.
The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, interoperability or availability of information or material displayed in or accessible through the use of the product or related software in conjunction with the Internet. The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material obtained from the use of the product, related software or services. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet. The Company, its suppliers and licensors DISCLAIM any warranties for services or goods received through or advertised on any third-party Internet sites that any user of the product may access related to the use of the product or software. The Company will attempt to retain all data for a period of 1yr from the date the data entered our system for active accounts. For GPS tracking data that was deleted by a customer, or accounts that were terminated, closed, or suspended, The Company charges a fee of approximately $2,000.00 to attempt to recover deleted data from an account. There is no guarantee as to what data can or will be recovered.
SELLER’S LIABILITY FOR ALL CLAIMS, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENT, PRODUCT LIABILITY, OR OTHERWISE, RELATING TO THE PRODUCTS SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT AND CLAIMS OF THIRD PARTIES), HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF SELLER OR OTHERWISE. BUYERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT ALL PRODUCTS PURCHASED UNDER THIS AGREEMENT ARE INSTALLED AND USED IN ACCORDANCE WITH ALL APPLICABLE CODES AND REGULATIONS.
You understand and agree that GPS Technology relies upon multiple independent factors to provide data, possibly including satellites, cellular carrier features, cell towers, and independent service providers. Data from the use of the product, related software or services cannot be guaranteed against interruptions or errors, and thus there is no express or implied warranty about the product, software or services operating at any minimum data speed or otherwise is guaranteed to be operating at any one time. The Company has no control over third party network sites you may access in the course of your use of the product, related software or services. The Company assumes no responsibility for third-party websites and/or services. Any information you download or otherwise obtain through the use of the product, related software or services is at your own discretion and risk and you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Under no circumstances shall The Company, its suppliers or its licensors be liable to you, any user, or any third party as a result of your, or that party’s use or misuse of, or reliance on, the data obtained from the use of the product, related software or services or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance. Under no circumstances shall The Company, its suppliers or its licensors be liable to you, any user, or any third party as a result of your or that party’s loss of equipment, including the loss of GPS devices, magnetic cases, and external batteries, whether intentional or unintentional. Under no circumstances shall The Company, its suppliers or its licensors be liable to you, any user, or any third party as a result of the inability to use the product, related software or services, or from the interruption, suspension, or termination of any related services, or from your reliance on or use of the information obtained by your use of the product, software or services. In further limitation, The Company, its suppliers or licensors shall not be responsible for the cost of procurement of substitute goods or services, lost profits, lost property, damaged property, injury, lost data, or any other loss resulting from your use of the product. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances will The Company, its suppliers, or licensors, be liable for any delay or failure in performance resulting in any way from forces or causes beyond its reasonable control, including without limitation Internet failures, computer failures, third party services, any type of equipment failure, acts of nature, acts of governments, orders of domestic or foreign courts or tribunals, or environmental conditions.
Customer agrees to indemnify and hold harmless The Company, including its affiliates, directors, officers, agents, licensees, employees and contractors, from any claim, liability, loss, damage, cost or expense (including, without limitation, suits, judgments, litigation, costs and attorney’s fees of every kind and nature) arising out of or related to: (i) Customer’s breach of this Agreement; (ii) any negligence or willful misconduct of Customer; (iii) any action or conduct of The Company undertaken pursuant to this Agreement at the direction of the Customer (iv) any use of the product, related software or services, or (v) from any actions taken by in connection with the use of the product, related software or services, in particular, but not limited to, any claim arising from a violation of any third party’s rights, violations of law, or a breach of the foregoing. Customer agrees that The Company and/or The Company shall have the right to participate in the defense of any such claim through counsel of its own choosing.
NOTICE! The use of this product may expose your computer to an open network, which you agree to use at your own risk. Any such network may not be SECURE. The Company cannot and does not guarantee the privacy of your data and communication while using a device or when using related software programs or the Internet in connection with the use of this product. There are potentially serious security issues with any computer connected to the Internet without the appropriate protection, ranging from viruses, worms and other programs that can damage the user’s computer, to attacks on the computer by unauthorized or unwanted third parties. By using this product, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet over an unsecured network to retrieve information relate to the use of this product. It is recommended that users take steps to protect their own computer system, such as installing current anti-virus software and maintaining appropriate firewall protection. For further information on how to protect you on this open network, consult a security professional. By using this product, you further acknowledge and agree that YOUR USE OF THIS PRODUCT OR SOFTWARE AND ANY RELATED SERVICE IS SOLELY AT YOUR OWN RISK and you also agree to all terms set forth in The Company’s Terms and Conditions, including the Disclaimer of Warranties, Limitation of Liability and the Indemnification policies, as well as its Privacy Policies. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED HEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTY UNLESS SPECIFIED IN WRITING IN A SPECIFIC PRODUCT’S OR SOFTWARE’S MANUAL. Except as otherwise specified in writing, The Company, its suppliers and licensors, expressly disclaim to the fullest extent permitted by law, all express, implied and statutory warranties, including without limitation, the warranties of merchantability, or fitness for a particular purpose. ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE USE OF THE PRODUCT, RELATED SOFTWARE OR SERVICES. THE COMPANY, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ANY INTERNET SITES THAT ANY USER OF THE PRODUCT MAY ACCESS RELATED TO THE PRODUCT OR SOFTWARE.