Terms and Conditions
The entire content included in this site, including but not limited to text, graphics and code, is copyrighted under the United States and other copyright laws, and is the property of the owner of this website or its licensor (jointly and severally, the “Licensor”). The copyrighted work includes works that are licensed to the Licensor. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the Licnesor or purchasing the Licensor’s products. You may display privately and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with the Licensor or to purchase the Licensor’s products. Any other use, including but not limited to the reproduction, distribution, public display or transmission of the content of this site is strictly prohibited, unless separately authorized in writing by the Licensor. You agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of the Licensor used in the site are trademarks or registered trademarks of the Licensor or its licensors.
You acknowledges that Licensor and its licensors own all right, title, and interest, including all patent, copyright, trade secret, trademark, moral rights, mask work rights, and other intellectual property rights (“Intellectual Property Rights”) in and to the Service (including all components thereof), all software of Licensor provided or made accessible hereunder, any databases created by Licensor using data processed under this Agreement (including any data models, structures, or data contained therein), and the Intellectual Property Rights in the User Equipment, and that such items reflect Licensor’s selection, arrangement, coordination, and expression of such information and may contain confidential information, trade secrets, and/or patented technology. Customer shall not engage in any act or omission that would impair Licensor’s and/or its licensors’ Intellectual Property Rights in the Service, any Licensor software, or User Equipment. Licensor reserves all rights in such items except the limited rights granted to Customer hereunder.
You will not (i) copy or duplicate any software or technology comprising a component of the Service; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Service is compiled or interpreted, and Customer acknowledges that nothing in this Terms and Conditions will be construed to grant Customer any right to obtain or use such source code; or (iii) modify the Service or create any derivative product from any of the foregoing, except with the prior written consent of Licensor. Customer will use the Service in accordance with any applicable user documentation provided by Licensor, and Customer will ensure that its use of the Service complies with all applicable laws, statutes, regulations or rules promulgated by governing authorities having jurisdiction over the Parties or the Service.
THIS SITE AND THE MATERIALS AND PRODUCTS ADVERTISED, PURCHASED THROUGH OR OTHERWISE DESCRIBED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE LICENSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE MATERIALS AND PRODUCTS ADVERTISED, PURCHASED THROUGH OR OTHERWISE DESCRIBED ON THIS SITE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE LICENSOR’S AGGREGATE LIABILITY FOR ALL CASES AND CONTROVERSIES ARISING OUT OF THE SUBJECT MATTER OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION OUT OF THE USE, INABILITY TO USE, OR PERFORMANCE OF, ANY PRODUCT PURCHASED HEREUNDER, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE LICENSOR. It is your responsibility to ensure all products and services are configured properly and tested weekly.
If a Licensor product is mistakenly listed at an incorrect price, the Licensor reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Licensor reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Licensor shall issue a credit to your credit card account in the amount of the incorrect charge.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be amended by the Licensor at any time, from time to time and for any reason by posting such changes to the website.
The Licensor may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Licensor.
Your use of this site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions. The 1980 U.N. Convention on contracts for the international sale of goods shall not apply to these Terms and Conditions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of the Licensor’s products) shall be in the state or federal courts located in Suffolk County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of the Licensor’s products) must be commenced within one (1) year after the claim or cause of action arises. The Licensor’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Licensor may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including the Licensor or an employee, host, or representative of the Licensor, or any other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Licensor does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, the Licensor is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, the Licensor reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Licensor in its sole discretion.
You agree to indemnify, defend, and hold harmless the Licensor, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account or other damages associated with unintended or unauthorized use, even if such claim alleges that the Licensor was negligent regarding the design of the goods or services provided hereunder.
In an attempt to provide increased value to our visitors, the Licensor may link to sites operated by third parties. However, even if the third party is affiliated with the Licensor, the Licensor has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Licensor. These linked sites are only for your convenience and therefore you access them at your own risk.
Use of the Service
If you sign up for the monthly or annual monitoring service (the “Service”), the following terms and conditions also apply: You must be 13 years or older to use the Service. Accounts registered automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for maintaining the security of your account and password. The Licensor cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You shall not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You shall not directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, algorithms of the Service and related hardware. If your usage of the Service significantly exceeds the average usage (as determined solely by the Licensor) of other customers, we reserve the right to immediately disable your account or reduce your service level until you can reduce your usage of the Service. Examples of exceeding average usage include excessive telephone or SMS/Text message alerts, excessive data transfer to/from the device management website, and initiating a monitoring interval frequency that is not available with your current level of service.
Your Service operates via local area network and/or the mobile phone network and as such requires a SIM card or ESN for use. Each cellular monitor includes a SIM card or ESN. The SIM card and/or ESN remain the property of the wireless carrier. Your Service and SIM card and/or ESN are authorized only for use in the United States. Any use of the SIM card and/or ESN outside of the United States will be billed through to your account at international roaming rates and your account may be terminated.
Unless otherwise approved in writing. You agree to be automatically billed by credit card monthly or annually until you pause the service. To pause service, simply log in to your account and click the pause service button on the "My Account" tab. Accounts billed monthly can stop and start service on a monthly basis. Accounts billed annually can stop and start service on an annual basis. For audit control purposes, we cannot take a cancellation by phone or email. You must login to your account to pause service. Charges for monthly or annual service are non-refundable once incurred.
Some devices include a SIM card for operation. If a SIM Card is lost, stolen or damaged you must notify the Licensor of the same in writing as soon as reasonably possible. You will remain liable for all charges incurred by the use of the SIM Card until you have notified the Licensor as aforesaid. On notification of a lost, stolen or damaged SIM Card the Licensor, at your request shall provide a replacement. the Licensor reserves the right to charge for issuing a replacement SIM Card.
No system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, cellular network operators, your Internet service provider, and other service providers cannot be 100% assured. When you use the Licensor’s products, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. AS ALL CUSTOMER REQUIREMENTS ARE DIFFERENT. WE STRONGLY RECOMMEND THAT YOU SET UP MISSED REPORT ALERTS TO ENSURE YOU ARE NOTIFIED ABOUT SYSTEM TROUBLE. WE STRONGLY RECOMMEND YOU SET UP ALERTS TO MULTIPLE PEOPLE USING MULTIPLE DIFFERENT METHODS (SMS AND EMAIL FOR INSTANCE) TO ENSURE NOTIFICATIONS GO THROUGH MULTIPLE DELIVERY PATHS FOR CRITICAL ALERTS.
You hereby acknowledge that quality and availability of the Licensor’s Services may be affected by factors outside the Licensor’s control, such as (but not limited to) physical obstructions, atmospheric conditions and other causes of radio interference and by faults in other telecommunication networks to which the Network is connected. In connection with any such adverse effect on the quality and availability of the Licensor’s Service, the Licensor shall incur no liability to you whatsoever. Notwithstanding such effects to the Licensor’s Services during your term of use, you shall remain liable for the payment of the Monthly Service Charge. You acknowledge that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Facilities. You agree that the underlying wireless service carrier shall not be responsible for such interruptions of Service or the inability to use the Service outside the United States. You understand that the underlying wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Service.
You acknowledges and understand that the Service will generate data regarding the environmental conditions and locations of specific Customer assets (the “Data”). During the term of this Agreement, Licensor will make such Data available to Customer through online access to the Service for a period of thirty (30) days from date that the relevant Data is generated. Thereafter Licensor will archive and retain such Data for the remainder of the term of this Agreement and, upon Customer’s request, will retrieve and make available such data.
The Service may be preempted, interrupted or suspended due to certain conditions or reasons beyond Licensor’s control, including but not limited to (i) maintenance requirements or emergency conditions experienced by Licensor; (ii) to protect Licensor’s personnel, facilities or services; and (iii) to provide priority and preemptive access to Licensor’s system as required by the U.S. Government Agencies (“Emergency Preemption”).
The use of the Service may be interrupted due to scheduled maintenance, subject to reasonable advance notice to Customer. Licensor shall normally restrict scheduled maintenance periods to between the hours of 2:00 AM and 6:00 AM Eastern Time, although Licensor reserves the right to schedule maintenance during other times. In the event of unplanned outages, Licensor shall notify Customer via the Licensor's website, blog or social media as soon as reasonably possible and shall restore service as quickly as reasonably practicable thereafter.
(a) Where the Service remains unavailable, or available, but is modified, restricted, or impaired so as to materially and adversely affect the Service, for a period of twenty-four (24) hours or more, Licensor may extend a service credit at its discretion, based on the nature, extent, and duration of such modifications, restrictions, or impairments. (b) No service credit shall be due for instances where the Service is preempted, interrupted, suspended, modified or restricted as described in these terms and conditions or by acts of force majeure (acts of God).
Limited Service Warranty
Licensor warrants that the Service shall operate as generally described when utilized in strict accordance with Licensor’s instructions and operational procedures. In addition, Licensor warrants that it shall use commercially reasonable efforts to keep the service operational. In the event that the duration of service unavailability exceeds the limits permitted under these terms of service, Licensor at its sole discretion shall grant Customer a credit for additional future service (“Service Credit”) in accordance with the terms of this document. The granting of such credits constitutes Customer’s sole remedy, and Licensor’s sole liability, for failure of the Service to perform as warranted. Licensor will monitor its performance of the Services and may generate and use aggregate statistical data, including, but not limited to, statistics as to uptime, coverage and general performance of the Service; provided that such data does not disclose any of Customer’s Confidential Information.
Protected by US Patents 7,952,485, 8,248,252, 8,547,226, & 8,599,012. Additional patents pending. Copyright 2003 - 2014. ALL RIGHTS RESERVED.