Terms and Conditions
Terms & Conditions:
This Agreement for tracking services (“Agreement”) is made between 1st Choice GPS (“1st Choice GPS”) and the user of the Tracking Service (Customer). The services (“Services”) provide vehicle location and tracking from the Internet via the Network Operations Center servers and associated software (“IntelliMatics™”). 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 IntelliMatics™.
Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with 1st Choice GPS (“1st Choice GPS”) or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
Customer may not program or alter any of the Devices other than the normal programmable parameters of the Device. If any Device is stolen or Services used fraudulently, customer must notify 1st Choice GPS immediately and provide 1st Choice GPS with such information and documentation as 1st Choice GPS may request (including, without limitation, police reports, and affidavits). 1st Choice GPS has the right to interrupt services or restrict service to any device, without notice to the customer, if customer is using the device in a fraudulent or unlawful manner.
It is customers’ responsibility to maintain current and accurate account information, and to exercise diligence in protecting customers’ logon and passwords.
1st Choice GPS may amend the terms of this agreement upon written notice to customer. If Customer does not agree to the amendment, Customer may terminate this agreement by providing written notice to 1st Choice GPS within fifteen (15) days of the date the notice was mailed by 1st Choice GPS via certified mail. If customer does not agree with the amendment but wants to continue services, 1st Choice GPS will continue to provide services for the term of the original agreement provided customer mails written notice to 1st Choice GPS within fifteen (15) days of the date the amendment was mailed by 1st Choice GPS If customer continues to use the services more than fifteen (15) days after 1st Choice GPS mails notice of an amendment, customer will be deemed to have agreed to that amendment.
Limitation of Liability:
1st Choice GPS is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of 1st Choice GPS. 1st Choice GPS is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the customer’s use of the Services, the devices or any other equipment used in connection with the devices unless caused by the sole and/or gross negligence of 1st Choice GPS; (iv) the installation or repair of the devices; or (v) for any act associated with the proper exercise by 1st Choice GPS of rights under the privacy and/or unauthorized usage provisions of this agreement.
Customer agrees to defend, indemnify, and hold 1st Choice GPS and its affiliates harmless from claims or damages relating to (i) Customers breach of this agreement or the customers’ statements made in this agreement and (ii) the use of the devices or services unless due to sole and/or gross negligence by 1st Choice GPS or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by 1st Choice GPS in enforcing this agreement. This paragraph shall survive the termination of this agreement.
Limitation of Action:
Except for actions arising in connection with Indemnification (above), neither 1st Choice GPS or customer may bring legal action with respect to this agreement more than one year after the legal action accrues.
1st Choice GPS makes no express warranties regarding the services and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. 1st Choice GPS does not authorize anyone to make any warranties on its behalf and customer should not rely on any such statement.
1st Choice GPS may assign all or part of the rights or duties of 1st Choice GPS under this agreement without such assignment being considered a change to the agreement and may provide notice to the customer. As a result of any such assignment, 1st Choice GPS shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this agreement without the prior written consent of 1st Choice GPS, which shall not be reasonably withheld.
This agreement is subject to applicable laws of the State of Georgia. Entire Agreement – This is the entire Agreement between 1st Choice GPS 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 with the terms of any purchase order or document provided by the customer, the terms of this agreement shall control. If any part of this agreement is found unenforceable or invalid, the balance of this agreement shall remain intact.