This Web site is operated by Intravaia Risk Management Group LLC (“Intravaia”). Throughout the site, the terms "we," "us" and "our" refer to Intravaia. Intravaia offers this Web site, and Intravaia services including all information, records, materials, tools, and services available, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of our company Seattle GPS Tracker® and this site constitutes your agreement to these Terms of Use.
We do not own a satellite in space orbiting earth, so we are not responsible for interruptions in service or poor service signals in the areas of potential use.
We also do not own T-Mobile, Verizon Communications, AT&T, Dish Wireless, Sprint, or any other telecommunications company so we do not have any control over cellphone service and or coverage. We are a customer.
We do not reimburse you for shipping costs.
Under no circumstances do we reimburse you for your travel time and mileage if you pick the unit up from our office.
We do not offer any free consultations; we charge $60 for half hour of consultation.
We reserve the right as a private company to terminate our services with a client at any time. Any time.
We are not licensed mental health care specialists and do not provide mental health services.
We are not license lawyers and do not give out legal advice.
We are not legally required to refer you to another company, and we do not make referrals.
No, we do not “Have” to help you, we reserve the right to refuse service to anyone like any private company can do.
We do not answer calls from blocked or private numbers.
We analyze cases based upon their solvability and not profitability.
We are a business for profit. Do not call us fake crying in a failed attempt to elicit free work from us. We are a business for profit. Again, we are a business for profit and not a public or non-profit entity.
We are not a public entity and are not required by any law to provide you with information about the logistics of our company & operations.
We do not conduct any work for insurance companies, unless they sign & pay a retainer for the approximate full amount of work we are requested to perform. This is because insurance companies as a form of internal unwritten policy, will knowingly and intentionally not pay us for our work and basically commit theft of our time and resources. This is nonnegotiable. See proverb: fool me once, shame on you; fool me twice, shame on me.
If a law firm is under retainer by an insurance company and wants to retain us for services in conjunction with their case, the law firm is financially responsible for paying for our services and must sign a retainer and if it’s a new law firm we have not worked with, then the law firm must pay a retainer for the approximate full amount of work we are requested to perform. This is nonnegotiable. See proverb: fool me once, shame on you; fool me twice, shame on me.
We do not conduct any work for any company in Canada, unless they sign & pay a retainer for the approximate full amount of work we are requested to perform. This is because Canadian companies as a form of internal unwritten policy, will knowingly and intentionally not will not pay us for our work and basically commit theft of our time and resources. This is nonnegotiable. See proverb: fool me once, shame on you; fool me twice, shame on me.
We do not conduct any work for any in WA state or out of state private investigation company unless they sign & pay retainer for the approximate full amount of work we are requested to perform. This is because these companies as a form of internal unwritten policy, will knowingly and intentionally not will not pay us for our work and basically commit theft of our time and resources. This is nonnegotiable. See proverb: fool me once, shame on you; fool me twice, shame on me.
Do not call us, after calling multiple other companies, using the ruse or trick that you are calling “for a friend” or “family member,” to obtain free investigative advice from us for you to later pass off as your own. We will hang up on you. Yes, that is our God given right to hang up on you. If you do not like it, stop engaging in fraud and deception. Typically, the caller is a female and uses the “Honey Pot” method. As stated, multiple times, we are a business for profit not a charity nor are we naïve. Giving out free advice does not pay our company insurance, marketing expenses, websites, taxes, fuel, records, operational costs, salaries, etc… In fact, wasting our time costs us money and time we can provide services to paying clients. We WILL contact other companies and notify them of your fraud and deception.
Would you rather hear comforting lies or uncomfortable truths? Because community standards vary, and individuals may be exposed to facts and content that you find offensive or objectionable. We are only the gatherers of facts and conclusions based upon our experiences and not yours.
We make no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability, or availability with respect to our websites, information, services, and products. Any reliance you place on such materials or information is therefore strictly at your own risk.
Past performance does not guarantee future results.
While we have made every attempt to ensure that the information contained in our websites, records, information, and materials has been obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained form the use of this information, records, websites, and materials. All information provided to clients is “as is,” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any king, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose. In no event will we, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information or for any consequential, special, or similar damages, even if advise of the possibility of such damages.
You are retaining us for our time spent working on your case, there are no guarantee of case resolution or obtaining the information you seek. Perfect example is you hire an attorney or paralegal to conduct research work for you or represent you in court. You are paying for their time and services with no guarantee. We are the exact same. If you previously hired a similar company to conduct the same work you have retained us for or you on your own have conducted the work and we provide the same results, you are still required to compensate us for our time.
Any deliberate and with fore thought intentional and subsequent repeated harassment and stalking of Intravaia and its subsidiaries such as Seattle GPS Tracker® and its employees constitutes unlawful RCW 9A.46.020 Harassment, RCW 9A.46.110 Stalking, RCW 9.61.260 Cyberstalking. The conduct must immediately stop, this includes use of social media, third parties, friends, associates, and use of fake Yelp profiles to post derogatory and false reviews. You will be subsequently prohibited from contacting Intravaia and its subsidiaries such as Seattle GPS Tracker®, and includes use of social media, third parties, friends, and associates by telephone, electronic communication, and Yelp, mail delivery services, internet-based communications, pager service, and electronic text messaging, and any other form of communication either written or electronic. If your conduct has and is causing substantial emotional distress, deliberate tortious interference with commerce causing economic harm, and damage to reputation by policy we will seek civil remedy and request reimbursement for all legal expense.
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Intravaia, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may not access, copy, download and print the material contained on the site for your personal, commercial, and non-commercial use. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site, or use of the site for purposes competitive to Intravaia, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. Intravaia reserves the right to refuse or cancel services to a customer, remove any person from this site or prohibit any person from using this site for any reason whatsoever. Intravaia, or its licensors or content providers, retain full and complete title to he material provided on the site, including all associated intellectual property rights.
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Intravaia, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. All images & video were taken by the owner with his Google 3 Pixel cellular telephone in King County, WA. So, there is absolutely no DMCA Copyright Infringement, and you do not own any of the images or content. Because of this FACT, there is NO infringement of your rights under 17 U.S.C. Section 101 et seq. and NO liability for statutory damages as high as $150,000 as set forth in Section 504(c)(2) of the Digital Millennium Copyright Act (”DMCA”) therein. WARNING: We do work with the government of India, China, Africa, and Pakistan to identify, locate and prosecute scammers in these countries to obtain imprisonment and fines of such scum bag scammers located in these countries that attempt to victimize Americans.
You may not access, copy, download and print the material contained on the site for your personal, commercial, and non-commercial use. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site, or use of the site for purposes competitive to Intravaia, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. Intravaia reserves the right to refuse or cancel services to a customer, remove any person from this site or prohibit any person from using this site for any reason whatsoever. Intravaia, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data, emails, or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Intravaia reserves the right, in its sole discretion, to limit or terminate your access to or use of the site or our company at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Intravaia may be entitled at law or in equity.
This site may contain links to other Web sites, some of which are operated by Intravaia or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Intravaia is not responsible for any losses, damages or other liabilities incurred because of your use of any linked sites.
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Intravaia, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. Intravaia reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the State of WA, United States and other countries.
You agree to indemnify, defend and hold harmless Intravaia and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Intravaia reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Intravaia in the defense of such matter.
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Intravaia with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
The following key points of these Terms of Service are brought for your convenience only. They do not substitute the full Terms which are presented below:
· The Service. Seattle GPS Tracker® is an online platform that enables you to monitor the real time location of Seattle GPS Tracker® GPS tracker devices that you have deployed and activated to operate with the Service (the “Tracking Device”).
· Age Restriction. You must be 18 years of age or older in order to use this Service.
· Privacy. We respect your privacy as further explained in our Privacy Policy.
· Fees. The Service is a fee-based subscription plan that automatically renews at the end of each subscription period, unless you cancel your subscription before the subscription renews. Your payment method will be charged for the periodic fees due upon the start of each renewed subscription period.
· Prohibited Use. You may not use the Service in any manner that violates applicable law or is objectionable or harmful to us or others.
· Intellectual Property. All legal rights in the Service, including all intellectual property rights, are Seattle GPS Tracker®’s. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices.
· Data. You are solely and exclusively responsible for all actions you take in response to the Data that the Service makes available to you. You are also responsible for securing all valid consents, notifications and permissions in order to allow us to lawfully process the data in the manners and for the purposes set forth in these Terms.
· Support. We will provide you technical during the business days and hours and through the support channels indicated on our website at https://seattlegpstracker.com/contact.
· Disclaimer of Warranty; Limitation of Liability. The Service is provided for use “as is”. We disclaim all warranties and representations with respect to the Service. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.
· Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
· Governing Law & Dispute Resolution. USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON & CALIFORNIA. MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION UNDER THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT.
Welcome to Seattle GPS Tracker®, an online platform that enables you to monitor the real time location of Seattle GPS Tracker® GPS tracker devices that you have deployed and activated to operate with Seattle GPS Tracker® (the “Service”). The Services consists of smartphone apps for Android and iOS and a web application.
The Service is owned and operated by Seattle GPS Tracker®, LLC, a WA Limited Liability Company. (“Seattle GPS Tracker®”, “we”, “us” and “our”).
Please read the following Terms of Service (the “Terms“) carefully. By signing up to, accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.
Use of the Service may be subject to additional terms and conditions that govern the use of application marketplaces. You alone are responsible for complying with such additional terms and conditions.
AGE RESTRICTION
You must be 18 years of age or older in order to use this Service. If you are under the age of 18 you may not sign up to the Service or use it in any way.
REGISTRATION TERMS
Information you Provide. The Service is available only to registered users. Use of the Service requires registration of a personal account.
When you register to the Service, we will ask you to provide us the details we describe in our privacy policy (“Registration Information”). Once registered, you may access the Service using your account username and password. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever.
You must maintain the confidentiality of your account login details, and you may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.
False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.
Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service or when you submit support tickets related to your Service account.
LICENSE AND USE
Right to Access the Service. Subject to these Terms and your payment of the applicable fees, you may access and use the Service through our mobile application or our website (collectively, our “Platform”), strictly to track and monitor the real time location of Seattle GPS Tracker® GPS tracker devices that you have deployed and activated to operate with Seattle GPS Tracker®.
License. Subject to these Terms and your payment of the applicable fees, we grant you a worldwide, non-exclusive, non-transferable, and non-sublicensable license, to use the Service and access our Platform, solely for your internal business activities or your personal needs.
Others Using the Service for You. You must ensure that any of your employees, consultants or agents that you designate to use and deal with the Service for your benefit (“Authorized Users”) fully comply with these Terms. You are liable to us for any acts or omissions of Authorized Users, as though you yourself had performed those acts or omissions.
YOUR PRIVACY
We respect your privacy. Our Privacy Policy, which is incorporated into these Terms, explains our privacy practices.
FEE-BASED SERVICES
Fee-Based Service. The Service is subject to subscription fees at the rates and schemes determined according to the plan you selected and whose details were presented to you when you registered for the Service (“Fee-Based Service“). You must pay for the Fee-Based Service through one of the payment methods we establish from time to time. By providing us with payment information for a payment method, you confirm that your payment method will be charged for the applicable fees. You are responsible for any commission or surcharges introduced by your selected payment method.
Automatic Subscription Renewals. The Fee-Based Service is a periodic subscription plan that automatically renews at the end of each subscription period, unless you cancel your subscription before the subscription renews. Your payment method will be charged for the periodic fees due upon the start of each renewed subscription period. You must keep the billing information you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your billing information.
Currency and Taxes. TheFee-Based Service is chargeable in US Dollars. Sales tax and other taxes may apply to the Fee-Based Service. Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your Fee-Based Service, we reserve the right to charge you for any under-collected amount.
No Refunds. Unless otherwise mandated by law, all your payment obligations are non-cancelable, and all amounts paid in connection therewith are non-refundable by Seattle GPS Tracker®. You are solely responsible for paying all applicable fees for the Fee-Based Service that you subscribed for, whether you used or benefited from the Service.
Failing to Pay. If you fail to settle your payments that are due for the Fee-Based Service, we may discontinue and block your use of the Service, without regard to any other remedies available to us under applicable law.
USE OF THE SERVICE
Prohibited use. When using the Service, you must refrain from –
· Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
· Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, data protection defamation, spam and copyright;
· Interfering with, burdening or disrupting the functionality of the Service;
· Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
· Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
· Sending automated or machine generated queries;
· Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
· Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
· Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
· Collecting, harvesting, obtaining or processing personal information regarding the Service’s other users;
INTELLECTUAL PROPERTY
Our Intellectual Property. All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith are the exclusive property of Seattle GPS Tracker® and its licensors. This includes the Platform’s design, graphics, computer code, “look and feel” and Seattle GPS Tracker®’s domain names.
Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform or the Service or any part thereof, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. You shall not develop any services or products which rely on or make use of the look and feel of our Platform.
Confidentiality. The Service consists of our trade secrets, which include practices, processes and designs, not generally known or reasonably ascertainable by others by which we obtain an economic advantage over others. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices. You must do so in a manner no less protective than you use to protect our own similar assets, but in no event less than reasonable care. You must not use or disclose that information for any purpose other than within your utilization of Service.
DATA AND PRIVACY OF TRACKED DATA SUBJECTS
The Service gives you access to data such as device location, direction, speed, and location history (the “Data”). You are solely and exclusively responsible for all actions you take in response to the Data. Furthermore, you are solely and exclusively responsible for any Data you derive from the Tracking Device which contains information on or about third parties, whether or not you have obtained their written consent to have the Tracking Device placed on them or within their personal property (such as in their vehicles). We are not responsible or liable for the Data or your reliance upon and use of the Data, your actions in connection with the Data, or any consequences resulting therefrom.
To the extent that the Data is subject to legal protection (such as trade secrets or privacy), then you are responsible for obtaining and maintaining, and shall obtain and maintain, all valid consents, notifications and permissions as may be necessary under applicable law, in order to allow us to lawfully collect, handle, retain, process and use the Data in the manners and for the purposes set forth in these Terms.
You acknowledge and agree that we process the Data for you in order to provide the Service to you. You further acknowledge and agree that we will handle and use (by ourselves or using trusted third-party service providers such as cloud service providers) the Data, as follows:
We may disclose or share the Data, if we are required, or reasonably believe we are required, by law, pursuant to a subpoena, order, or decree, issued by a competent judicial or administrative authority, provided that, to the extent legally permitted, we will endeavor to give you prompt notice of the requirement prior to such disclosure, to allow you, at your cost and expense, to intervene and protect its interests in the Data.
Subject to the foregoing, we will take reasonable precautions to maintain the confidentiality of the Data.
We will delete the Data from the Service, upon termination of these Terms. You are responsible for maintaining back-up copies of the Data. The Service does not provide, and is not intended as, data back-up service.
SUPPORT AND MAINTENANCE
During the Term, we, either directly or with the assistance of third parties, will provide you technical support for technical questions, problems and inquiries regarding the Service, during the business days and hours and through the support channels indicated on our website at https://seattlegpstracker.com/contact
We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we –
For the purpose of providing technical support, you will cooperate, and work closely with us, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as we reasonably request.
TERMINATION
Terminating Your Account. You may, at any time, request to terminate your account by contacting us at https://seattlegpstracker.com/contact. Please note that merely uninstalling the smartphone app from your smartphone device won’t delete your account, including all the information associated with it, which remains in our systems.
We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.
Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service, and we will not be liable to you for termination of access to the Service.
Operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users. If we permanently discontinue or terminate the operation of the Service, not in connection with you breach of these Terms, we will provide you a pro-rated refund for the fees you paid in relation to any remaining portion of your subscription period following such discontinuation or termination.
CHANGES
Changing the Service. We may, at any time and without prior notice change the layout, design, scope or features of the Service, but we will not materially downgrade the Service’s functionalities and features.
Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE DATA PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE PLATFORM, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON DATA AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR DATA ON THE SERVICE.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR (A) WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
In furtherance of the intentions set forth above, each of the parties acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You waive and relinquish any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California (or other similar law or rule of another state or jurisdiction) to the full extent necessary to achieve the intention of the foregoing limitations and caps of liability. In furtherance of this intention, the limitations of liability above will be and remain in effect notwithstanding the discovery or existence of any such additional or different claim or fact.
INDEMNIFICATION
To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
APPLICATION MARKETPLACE
Your use of the Service may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded the App, such as AppStore, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the Platform’s smartphone application (“App”).
The following terms apply if you downloaded an App from Apple’s App Store. You and we agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of WA and CA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of WA and CA.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU OR YOUR USERS AND SEATTLE GPS TRACKER® REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG).
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.
YOU AND SEATTLE GPS TRACKER® HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO https://seattlegpstracker.com/contact, WITHIN 21 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN LOS ANGELES COUNTY IN THE STATE OF CALIFORNIA, USA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).
GENERAL
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Survival. The following clauses in these Terms will survive any termination or expiration of the Terms: Currency and Taxes; No Refunds; Our Intellectual Property; Restrictions; Confidentiality; Data and Privacy of Tracked Data Subjects; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law, Jurisdiction and Dispute Resolution.
Waivers. Except as indicated in “Changing these Terms” above, no other waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
CONTACT US
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at https://seattlegpstracker.com/contact, or through our phone support as indicated on our website at https://seattlegpstracker.com/contact.
Effective Date: January 1st, 2017.
If you have any questions or comments about these Terms of Use or this site, please contact us by: email: contact@seattle-riskmanagement.com
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