This is an Agreement between the customer ("Subscriber") and Global Tracking and Communications, Inc. ("GTC") for a period of time as further defined below.
1. Service. Subscriber may purchase Service from GTC or its agent in one of the following plans: GTC, which provides Lifetime Theft Recovery Assistance Benefit to the Subscriber as long as the vehicle is owned by the Subscriber and all other terms and conditions are met; GTC, which provides vehicle tracking to the Subscriber as long as the vehicle is owned by the Subscriber and all other terms and conditions are met; or a GPS Service Plan, which has term of one year and is and is annually renewed , provided all other terms and conditions are met.
2. Availability. Service is available to the Subscriber for the Subscriber's GTC Service Plan (a) only within the 48 contiguous United States, Alaska, Hawaii, Canada. (b) if the GTC hardware is installed by an authorized dealer or an authorized installer and (c) Service is also limited by the electrical system design and architecture of your vehicle. The GTC System will not function if the battery of the vehicle is discharged or disconnected, and it may be inoperative if the vehicle is in an accident where the GTC System or the vehicle electrical system components are damaged. (d) Global Positioning capabilities used to deliver Service will not be available if satellite signals are obstructed. (e) Some emergency Services are provided by existing governmental emergency services providers. GTC will use reasonable efforts to contact the appropriate emergency services provider and request assistance but cannot promise that they will respond to the call in a timely manner or at all.
3. Activation and Use of Service. Orders for activating, reactivating, changing, transferring or terminating service will be accepted by GTC only from Subscriber or Subscriber's authorized agent (referred to as "authorized user"). If required by a specific GTC Service Plan, Subscriber agrees to initiate and maintain service with GTC. Certain system plans provide "Unlimited Locates": GTC at its discretion reserves the rights with respect to the terminology of "Unlimited Locates" to mean "Reasonable Use." The end user is granted reasonable usage for the term of service that was purchased not to exceed reasonable and customary usage. If usage exceeds 100 Mobile Terminated (SMS) messages in a 30-day billing period, GTC reserves the right to monitor and investigate the usage and suspend and/or withdraw the service from any individual and/or end user. Subscriber is responsible for ensuring that the Vehicle and GTC hardware are properly maintained. Subscriber agrees that Services can be used only by Subscriber or Subscriber's authorized user and only in relation to the vehicle that is equipped with the GTC system. Subscriber must provide the name of his authorized user or users at the time of activation or through other direct contact with the Company. GTC, at its discretion, may limit the number of authorized users allowed for Subscriber account; however, additional authorized users may be purchased by Subscriber. Additionally, Subscriber agrees not to use the Service for any unlawful or abusive purpose or in such a way as to create or risk damage to GTC business, reputation, employees, facilities, third parties or to the public generally and in such cases, Subscriber agrees that GTC in its sole discretion may terminate service.
4. Transferability of Service. GTC hardware and services may be transferred between Vehicles with authorization from GTC and then, only if the following conditions are met: Subscriber agrees to have hardware removed from original vehicle and reinstalled in another vehicle only by an authorized GTC dealer or installer ; Subscriber agrees to pay all costs due to authorized dealer or installer for transfer of hardware; Subscriber agrees to pay GTC or its designated agent a transfer fee, which may be waived at GTC's discretion. Upon the sale of Subscriber's GTC-equipped vehicle, Subscriber may transfer any remaining term of GTC service to a subsequent purchaser of Subscriber's GTC-equipped vehicle, provided Subscriber delivers notice to GTC and the subsequent purchaser completes and executes a GTC Service Plan Agreement and agrees to abide by its terms. Service may not otherwise be sold or transferred by Subscriber. Subscriber may be charged a transfer fee and/or be required to upgrade to a higher Service Plan and will not be entitled to a refund if certain services are not available on the vehicle to which service is transferred.
5. Term/Rates/Termination/Declination of Service.
6. Renewals, Extensions, Suspensions, Downgrades and Upgrades.
7. Billing and Payment of Charges. Subscriber is responsible for payment of all charges for services furnished by emergency or other service providers, including ambulance, medical, hospitalization, police, security or other services. Subscriber is also responsible for payment of all charges for services provided by roadside assistance suppliers, including towing and other assistance, that are over and above those offered in Subscriber's Service at time of request. Subscriber shall be responsible for payment of all charges related to merchandise purchased from GTC or, in the event of cancellation of Service, for promotional merchandise received from GTC or its agent. Subscriber is responsible for cellular telephone charges relating to emergency services provided by GTC on behalf of Subscriber, together with usage charges, if any, for all calls to the GTC Center processed with respect to Subscriber's Vehicle. Monthly billing or other usage charges for GTC Services selected by Subscriber are calculated from the beginning of the month, with charges prorated (if necessary). If a Subscriber has authorized charges to be made against a credit card account, GTC will charge amounts due to the credit card account prior to the due date. No additional notice to, consent, or authorization of Subscriber shall be required for such charge. If Subscriber has not authorized charges to be made to a credit card account, or if charges made to the credit card account are not paid, payment must be received on or before the due date. Subscriber agrees that (a) time is of the essence, (b) it would be impractical to fix the exact amount of GTC's damages if Subscriber fails to pay promptly, and (c) in the event of such failure, Subscriber shall pay GTC one and one half percent (1.5%) per month of any amount not paid when due, which fee shall be paid for every month the amount is unpaid and shall be prorated on a daily basis for each day that payment is overdue, provided such charge is permitted according to any applicable law and further provided such charges will not be compounded monthly. Acceptance by GTC of checks or drafts shall not constitute a waiver of GTC's right to payment by legal tender, and acceptance of late or partial payments or payments marked Paid in Full or similar notations shall not waive any rights of GTC hereunder. Subscriber may, at the option of GTC, be charged a returned check fee of $15.00 for any check returned for insufficient funds. Inquiries about or objections charges must be in writing and must be received by GTC from Subscriber no later than the due date; PROVIDED, however, all amounts due GTC, including disputed amounts, must be paid to GTC on or before the due date. GTC will make good faith efforts to resolve disputes in accordance with GTC procedure.
8. Sales Taxes, etc. In addition to the costs of services provided under this Agreement, Subscriber shall pay any applicable sales, use, public utility gross receipts of other taxes, interconnect costs, fees or charges imposed on GTC as a result of the purchase of GTC hardware or providing services to Subscriber. Such taxes will be added to Subscriber's bill when imposed to required by law and any such taxes, fees or charges paid by GTC will be reimbursed by Subscriber.
9. Product Warranty and Availability: Any warranty for the Products shall run directly from GTC to the customer, and pursuant to the warranty, the customer shall return any defective Products to the Rep. Rep shall promptly contact GTC's Service Department upon receipt of any returned product. GTC'S LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR SALE OF THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE REP FOR THE PRODUCT. IN NO EVENT SHALL GTC BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS. IN NO EVENT SHALL GTC BE LIABLE TO REP OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES HOWEVER CAUSED ON ANY THEORY OF LIABILITY AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCE SHALL GTC BE RESPONSIBLE TO REP OR ANY OTHER PARTY FOR ITS FAILURE TO FILL ACCEPTED ORDERS, OR FOR ITS DELAY IN FILING ACCEPTED ORDERS, WHEN SUCH FAILURE OR DELAY IS DUE TO ANY CAUSE BEYOND GTC'S REASONABLE CONTROL.
10. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, NONPERFORMANCE HEREUNDER BY GTC, ITS SUPPLIERS, AND/OR THE WIRELESS DATA CARRIER SHALL BE EXCUSED IF CAUSED BY ACT OR OMISSION OF A THIRD PARTY SERVICE PROVIDER, EMERGENCY SERVICES PROVIDER, EQUIPMENT FAILURE, ACTS OF GOD, STRIKES, EQUIPMENT OR FACIALITY SHORTAGE, OR OTHER CAUSES BEYOND WIRELESS DATA CARRIER'S AND/OR GTC'S CONTROL. IN ADDITION THE LIABILITY OF A WIRELESS DATA CARRIER AND/OR GTC, ITS SUPPLIERS, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE IN THE SERVICE FURNISHED SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PRORATED MONTHLY CHARGES TO SUBSCRIBER FOR SAID SERVICE DURING THE PERIOD SO AFFECTED, PROVIDED THAT NO LIABILITY SHALL RESULT FOR OUTAGES OF 24 HOURS OR LESS IN NO EVENT SHALL, ITS GTC DEALERS OR THE WIRLESS DATA CARRIER BE LIABLE TO SUBSCRIBER, SUBSCRIBER'S EMPLOYEES, OR SUBSCRIBER'S CUSTOMERS OR ANY THIRD PARTY FOR ANY COST, DELAY OR INCIDNETAL, GENERAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES PROVIDED UNDER THIS AGREEMENT. GTC SHALL NOT BE LIABLE TO SUBSCRIBER, ITS EMPLOYEES, DEALERS, CUSTOMERS OR ANY THIRD PARTY FOR INJURIES TO PERONS OR PROPERTY ARISING FROM SUBSCRIBER'S USE OF THE GTC HARDWARE OR THE SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE GTC SYSTEM BY OTHER THAN AN AUTHORIZED GTC DEALER OR INSTALLER. SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS THE WIRELESS DATA CARRIER, GTC ITS SUPPLIERS AND DEALERS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AFFILIATES FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, ACTS, ACTIONS OR CLAIMS, ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT. WHETHER BROUGHT BY SUBSCRIBER'S EMPLOYEES OR THIRD PARTIES, EVEN IF OCCASIONED BY THE SOLE NEGLIGENCE OF GTC, DEALER OR THE WIRELESS DATA CARRIER. IN THE EVENT SUBSCRIBER HAS AUTHORIZED GTC TO CHARGE AMOUNTS DUE AGAINST ITS CREDIT CARD ACCOUNT, THE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT CONTAINED IN THIS PARAGRAPH SHALL EXTEND TO CLAIMS EXPENSES, LIABILITIES OR DAMAGES ARISING IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT CARD ACCOUNT OR FORM ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH CREDIT CARD ACCOUNT SUSCRIBER FURTHER AGREES TO PAY GTC'S, DEALER'S AND/OR THE WIRELESS DATA CARRIER'S REASONABLE ATTORNEYS' FEES AND COSTS (1) ARISING FROM ANY ACTIONS OR CLAIMS FOR WHICH THIS PARAGRAPH PROVIDES THE GTC INDEMNIFICATION, OR (2) INCURRED IN CONTESTING THE APPLICABILITY OF THIS PARAGRAPH.
11. Vehicle Tracking and Privacy on your GTC System. Subscriber understands and agrees that in conjunction with employee training, quality control and the provision of service GTC may monitor and/or electronically record conversations. Subscriber consents to GTC using Subscriber information to administer subscription services, offer new products or services, respond to regulatory and legal requirements including credit reporting and fraud prevention, and electronically tracking Subscriber's GTC-equipped vehicle in conjunction with providing services or to locate Subscriber's vehicle if Subscriber is in default of this Agreement or any finance or lease Agreement. Subscriber consents to GTC providing Subscriber information and location to law enforcement and/or emergency services personnel or in response to a subpoena or other such legal process.
12. User Name and Password. Subscriber acknowledges that he/she accepts full responsibility for the use and
protection of the Subscribers GTC User Name and Password. Subscriber may change his/her User Name and Password at any time by contacting the GTC response center. However, Subscriber accepts full responsibility for all GTC services provided in conjunction with the use of the GTC User Name and Password by Subscriber or third parties with whom subscriber has made User Name and Password available. These charges may include the full retail value of products or services delivered in the name of the customer, including, but not limited to, such items as roadside assistance, towing, merchandise, reservations or other items.
13. No Agency Created. This Agreement does not in any way create the relationship of principal and agent, joint venture, partner, or employer and employee between GTC and Subscriber and under no circumstances shall Subscriber hold itself out to be or in any way be considered an agent of GTC. 14. Assignment. GTC may assign in whole or in part, its right or duties under this Agreement, without notice to Subscriber, and upon such assignment GTC shall be released from all liability hereunder. Subscriber may assign this Agreement only upon the prior written consent of GTC Subject to this restriction, this Agreement shall apply to, inure to the benefit of, and be binding upon the heirs, successors, subcontractors, and assignees of the respective parties.
15. Notices. Notices to Subscriber shall be deemed given if deposited in the U.S. mail addressed to the Subscriber's last known address. Notice to GTC shall be deemed given when received by GTC.
16. Separability. Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and shall be enforceable.
17. Third Party Beneficiary. Wireless Data Carriers, and GTC's suppliers and Dealers are intended to be third party beneficiaries under this Agreement.
18. Governing Law. This Agreement, including all matters relating to the validity, construction, performance and enforcement thereof, shall be governed by the laws of the state of California without regard to its conflicts of laws, promises and applicable federal law, the regulations of the FCC, the laws and regulations of the state where Service is provided, and by any tariff required to be filed by GTC pursuant to such state's law. This Agreement is subject to amendment, modification or termination if required by such regulations or laws.
Global Tracking Communications Inc. (GTC) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience with our products. This Statement of Privacy applies to the GTC and Dealership Tracking Web sites and governs data collection and usage of these sites. By using the GTC/Dealership Tracking websites, you consent to the data practices described in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION - GTC, Inc. collects personally identifiable information, such as your e-mail, address, name, home or work address or any telephone number information collected for the operation of the service and to maintain quality of the service.
There is also information about your computer hardware and software that is automatically collected by GTC, Inc. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by GTC, Inc. for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the GTC Web site.
Please understand that if you directly disclose personally identifiable information or personally sensitive data through GTC public message boards, this information may be collected and used by others. Note: GTC does not read any of your private online communications.
GTC encourages you to review the privacy statements of Web sites you choose to link to from GTC so that you can understand how those Web sites collect, use and share your information. GTC is not responsible for the privacy statements or other content on Websites outside of the family of GTC Web sites.
USE OF YOUR PERSONAL INFORMATION GTC collects and uses your personal information to operate the GTC Web site and deliver the services you have requested.
GTC does not sell, rent or lease its customer lists to third parties. GTC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, GTC may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to. GTC and they are required to maintain the confidentiality of your information.
GTC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
GTC Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on GTC or the site; (b) protect and defend the rights or property of GTC: and, © act under exigent circumstances to protect the personal safety of users of GTC or the public.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell theWeb server that you have returned to a specific page. For example, if you personalize GTC pages, or register with GTC site or services, a cookie helps GTC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same GTC Web site, the information you previously provided can be retrieved, so you can easily use the GTC features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the GTC services or Web sites you visit.
SECURITY OF YOUR PERSONAL INFORMATION GTC secures your personal information from unauthorized access, use or disclosure. GTC secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
CHANGES TO THIS STATEMENT GTC will occasionally update this Statement of Privacy to reflect company and customer feedback. GTC encourages you to periodically review this Statement to be informed of how GTC is protecting your information.