Terms - GPSTracking.com

1. Introduction / GPST / Agreement / Website

Welcome to the GPSTracking.com (“GPST”, hereinafter) website, i.e., www.gpstracking.com. Access to this website, GPST website, purchase of GPST’s products and use of GPST’s services are subject to this Terms of Use Agreement (“Agreement”). The website is available and accessible by the general public, who may use it with or without registering. Some users of the website may choose to register with GPST in order to buy its products or utilize its services. All users, whether, whether registered or not, are subject to the terms of this Agreement. In cases where the terms of this Agreement may apply only to registered users it shall so be stated.

Please read this Agreement carefully because your access and use of the website will constitute your acceptance of this Agreement, together with its updates, additional terms and all of GPST’s rules and policies, and creates a legally binding and enforceable agreement between you and GPST. The terms of this Agreement will be effective upon your acceptance of same via either:

(a) direct acceptance in electronic form, e.g., by clicking on an “I accept” or similar policy acknowledgement dialog box, tab, checkbox, etc., or
(b) indirect acceptance by use of the website or by other means,and will govern the relationship between you and GPST for your use of any portion of the GPST website under the domain and subdomains of “www.gpstracking.com” including any individual website pages associated therewith and any other GPST services obtainable through the website (collectively the “Website”, hereinafter).

GPST’s acceptance of you as a user of this Website is expressly conditioned on you agreeing to this Agreement, and this Agreement becomes effective upon your use of the Website. If You do not agree to be bound by this Agreement, then immediately discontinue use of the Website.

In addition, you are subject to and are bound by all applicable laws and regulations and all other Website terms, conditions, and policies as posted throughout the Website and as may be amended from time to time. This specifically includes, without limitation, the separate GPST Website Privacy Policy.

You can view the most recent version of these Terms of Service at any time by going to www.usfleettracking.com and clicking on the link labeled “Terms of Use”.

If you have questions about this document or GPST’s privacy policies, you may send email to [email protected].

2. Description of Website Services

The Website offers for purchase a variety of hardware GPS tracking devices and software services related to vehicle tracking. You may use this site without charge unless otherwise stated in this Agreement or elsewhere on the Website. The purchase or GPS tracking hardware and/or tracking services are examples of instances where some sort of payment will be required. Only registered users may purchase tracking hardware or services via the Website. You are responsible for any fees and costs associated with obtaining your access to the Internet or for any hardware and/or software that you may require to access the Website and/or the Internet.

You are not required to register with GPST unless you want to be identified as a user (e.g., to be informed of product updates, receive marketing materials, participate in Live Chat, etc.), purchase products, and/or wish to obtain other benefits accorded to registered users. Any user, whether registered or not, has access to view the public content on the Website. There may be features of the Website that are not available to you if you are not a registered user.

If you choose to register via the Website, you may be required to provide certain information in order for GPST to process your request. You must provide such information per the terms of this Agreement in order to become a registered user.

The Website is to be used only by persons who can form legally binding contracts under all applicable laws in your jurisdiction. If you are using the Website as an employee on behalf of an employer, you must have the authorization to bind your employer by your use of the services.

Use of the Website is also governed by GPST’s Privacy Policy. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the GPST Privacy Policy carefully and use it to make informed decisions.

3. Registered User Accounts / Registered Users

Certain portions of the Website are available only to users who have registered with and have obtained login information from GPST (“Registered Users”). By registering with GPST, a Registered User certifies that he or she is at least 18 years of age. Registered User agrees to provide true, accurate, current, and complete information about self and any organization he or she represents when registering with the GPST.

A Registered User will be asked to provide basic contact information that might include the individual’s name, company or organization name, address, phone number, professional title, and e-mail address. We use such identifying information to respond to inquiries and send a Registered User requested information. It is the Registered User’s obligation to notify GPST of any changes to the information previously provided. If purchases are involved, the Registered User will be asked to provide credit card or other payment vehicle information.

If a Registered User ’s information changes or the user no longer desires to utilize our service, the Registered User is required to update or remove the personal data provided to us. This can usually be done via the “User Account” link on the Website or by sending an e-mail to [email protected].

A Registered User shall maintain and promptly update any information provided to GPST and keep it true, accurate, current, and complete. If the Registered User is posting documents or biographical or contact information on behalf of others or requests or permits GPST to do so, Registered User certifies that (1) he or she has the permission to do so; (2) the information is correct to the best of his or her knowledge; and, (3) he or she agrees to maintain and promptly update any information provided to keep it true, accurate, current, and complete.

4. Registered User Responsibilities / Account

Certain portions of the Website are available only to Registered Users, i.e., users who have registered with, and have obtained or created a password and login information from, GPST. By registering with GPST a Registered User certifies that he or she is at least 18 years of age. A Registered User agrees to provide true, accurate, current, and complete information about self and any organization he or she represents when registering with the GPST.

The following general rules apply to all Registered Users:

(a) By becoming a Registered User, you agree that your personal information will be held and used in any manner consistent with GPST’s Privacy Policy.

(b) GPST reserves sole and exclusive discretion over whether to grant you a registered account (“Account”) and may terminate your access to your Account without notice to you if we believe that you have failed to comply with any provision of this Agreement. Upon termination you shall remain liable for all fees and amounts due under your Account.

(c) You agree to provide complete, true and accurate personal information that is required to register with GPST, including but not limited to your name, e-mail address and credit card information (if required) ("Registration Data"). You further agree that we may store and use your Registration Data for use in maintaining your Account and billing fees to your credit card.

(d) You may only use the Website for lawful purposes and in accordance with this Agreement, GPST policies, and any operating rules established by GPST. You may not use the Website to abuse, harass, or impersonate any person or entity. You may not provide or use a password, e- mail address, or any other information of anyone else without the owner's express authorization.

(e) You are responsible for maintaining the confidentiality of your Account and password. You shall not distribute this information or allow others to use this information to gain access to the Website and GPST’s services. You will be liable for payment for all charges incurred by you and by others using your Account without respect to whether such usage occurred with your permission or knowledge prior to the time that you notify us of any unauthorized use of your Account.

(f) In the event you become aware of or reasonably suspect that any breach of security or unauthorized use of your password or account has taken place, you are required to immediately notify GPST. GPST will use its best efforts to restrict Register User ’s account by changing the password, terminating the account, or using any other means that GPST, in its sole and reasonable discretion, deems necessary to protect Registered User ’s account and GPST’s Website and services.

(g) GPST reserves the right, but does not have the obligation, to restrict a Register User ’s password and access to the Account if it reasonably believes that there is unauthorized usage on such account or if Registered User fails to exit out of his or her account when requested.

(h) You may not use an account name that is used by someone else, is vulgar or otherwise offensive (as determined by us), infringes any trademark or other proprietary rights of another, or is used is any way that violates this Agreement.

(i) You shall not sell, assign, rent, lease, distribute, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the services provided by GPST.

5. Prohibited Uses

The following uses of the Website are specifically prohibited:

(a) Leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the Website;

(b) Using the Website for any illegal purpose;

(c) Gaining unauthorized access to the company’s data or the data of other users;

(d) Altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking GPST’s intellectual property;

(e) Altering or modifying another website to falsely imply that it is associated with the Website;

(f) using or exporting the company’s information, products, or services in violation of U. S. export laws and regulations;

(g) Violating anyone else’s legal rights (e.g., privacy rights) or any laws (e.g., copyright or trademark laws) in the your jurisdiction;’

(h) Using the Website or the company’s services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;

(i) Breaching, or attempting to breach, the Website’s security systems; and

(j) Enabling or assisting third parties in violating this Agreement.

6. Intellectual Property

Users of the Website have access to certain intellectual property that is owned by GPST. The following explains your rights with respect to such intellectual property.

(a) All software used on the Website and all content included as part of services provided by GPST such as text, graphics, logos, button icons, and images as well as the compilation thereof, is the property of GPST and is protected by United States and international copyright laws. You agree to abide by all copyright notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You agree not to display GPST’s trade names, logos, and service marks or use them in any manner without prior permission from GPST. Other logos and product and service names are the property of their respective owners, as may be indicated on the Website. You acknowledge that you do not acquire any ownership rights in any of the foregoing by downloading it except as expressly permitted by GPST.

(b) Each third-party content provider of information on the Website, if any, owns the copyright on content original to it, including, without limitation, the photos, images, videos, documents, text, postings, and other publications delivered or otherwise made available to you via the Website. You acknowledge that you do not acquire any ownership rights by downloading or disseminating any copyrighted material except as expressly permitted by the third-party content provider and lawful copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or disseminating any copyrighted material except as expressly permitted by the third-party content provider and lawful copyright owner.

(c) You may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale of, create derivative works from, or in any way commercially exploit the content, or any portion thereof, of the Website without the express permission of GPST.

(d) We do not grant you any licenses, express or implied, to the intellectual property of the Website except as expressly authorized by this Agreement. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the content made available to you by GPST or assist others in doing so, except for your personal, non-commercial use, unless you have prior written approval.

7. Term, Termination and Deactivation

This Agreement as it applies to all users shall be effective as of the date the user accepts the terms herein or ﬁrst accesses or uses the Website and shall remain in effect for so long as the user uses or accesses the Website. The terms herein that contemplate obligations that continue after the user has ceased accessing or using the Website, including but not limited to Indemniﬁcation, Disclaimer, Limitation of Liability, Governing Law and Severability, shall survive termination for whatever reason.

The terms of this Agreement that pertain to Registered Users shall be effective as of the date the user registers with GPST on the Website and shall remain in effect until the Registered User’s account is closed, after which the user shall no longer be permitted to use or access the services provided to Registered Users. The terms herein that contemplate obligations that continue after the termination, including but not limited to Indemniﬁcation, Disclaimer, Limitation of Liability, Governing Law and Severability, shall survive termination for whatever reason.

A Registered User may give notice to GPST that their registered account should be closed. This may be done at any time and for any reason, provided that the Registered User will still be responsible for any charges incurred up to the time the account was closed.

WITHOUT LIMITING ANY OTHER REMEDIES, GPST MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE WEBSITE OR PORTIONS THEREOF IF YOU ARE, OR GPST SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR LOGIN AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ETC., ASSOCIATED WITH YOUR USE OF THE WEBSITE SERVICES, AND GPST IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. ADDITIONALLY, WE RESERVE THE RIGHT TO TAKE LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE WEBSITE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS OR POLICIES.

8. Cookies

You acknowledge and agree that GPST may use data capture and other tracking tools to track, analyze, and compile any data or information resulting from use of the Website consistent with its Privacy Policy. GPST uses cookies to track usage trends and patterns in order to better understand and improve areas of the Website. By using the Website and/or clicking any link on the Website, you confirm Your consent to GPST’s placing and usage of cookies in accordance with this Agreement and with GPST’s Privacy Policy.

9. Security / PII

GPST takes its security responsibilities seriously and employs staff training together with the most appropriate physical and technical measures to protect your Personally Identifiable Information (“PII”). These measures are reviewed and updated regularly.

Your information is stored on GPST’s secure servers located in the United States. We use procedural and technical safeguards to protect your PII against loss or theft as well as unauthorized access and disclosure. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside GPST.

However, GPST cannot guarantee that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose PII to the government or third parties under certain circumstances, third parties may lawfully or unlawfully intercept or access transmissions or private communications between you and GPST. Therefore, although we use industry standard practices to protect your PII, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

10. Links to other Sites

Our Privacy Policy discloses the privacy practices for our Website only. Our Website may provide links to other websites also that are beyond our control. We shall in no way be responsible in any way for your use of such sites or their privacy practices.

11. International Users

GPST is controlled, operated, and administered from its offices within the United States of America. If you access the Website from a location outside the United States, You are responsible for compliance with all local and international laws, as well as with the laws of the United States.

You agree that you will not use the Website or any publications or other content accessed through the Website in any country or in any manner prohibited by the United States Export Administration Act or by any other applicable laws, restrictions, or regulations.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASES. GPST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER GPST NOR ITS AFFILIATES, LICENSORS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY THAT (1) THE GPST SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE GPST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GPST SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. GPST IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR UPLOAD CONTENT.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GPST OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. Limitation of Liability

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL GPST, ITS AFFILILATES, LICENSORS, AGENTS, OR CONTRACTORS BE LIABLE UNDER ANY THEORY OF LAW FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF PROFIT, GOOD WILL, OR OTHER INTANGIBLE ASSETS; (3) THE INABILITY TO USE THE WEBSITE; (4) THE USE OF THE WEBSITE; (5) THE LOSS OF DATA; OR (6) ANY OTHER MATTER RELATING TO THE SERVIES PROVIDED BY GPST.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE GPST WEBSITE, INCLUDING YOUR ACCESS TO ANY DOCUMENTS OR CONTENT OBTAINED THROUGH THE WEBSITE, AND WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST GPST, ITS MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES.

14. Indemnification

You agree to defend, indemnify, and hold harmless GPST, its licensors, suppliers, contractors, and any third-party content providers to the GPST Website and service and GPST’s respective directors, officers, employees, and agents from and against all claims, losses, obligations, liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from (A) your use of the Website and GPST services; (B) any violation of this Agreement; (C) your violation of any third-party right, including but not limited to any copyright or privacy right; and (D) any activity related to your account (including negligent or wrongful conduct) undertaken by you or any other person or organization accessing the Website using your account.

15. Governing Law

This Agreement shall be governed by the statutes and laws of the State of Oklahoma, without regard to the conflicts of laws principles thereof. The parties consent to the jurisdiction of any state or federal courts located in Oklahoma City, Oklahoma. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested to the address as set forth below in the case of GPST, or to the address provided by a Registered User in the account information. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES THE RIGHT TO A JURY TRIAL IF ANY SUIT OR PROCEEDING ARISES UNDER THIS AGREEMENT.

16. Entire Agreement

This Agreement and the other rules, guidelines, licenses, policies, and disclaimers posted on the Website constitute the entire agreement between GPST and you with respect to your use of the Website and supersede all previous written or oral agreements between GPST and you with respect to the subject matter hereof.

17. Waiver and Severability

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, this shall not affect the validity and enforceability of the remaining terms.

18. Notification of Changes

From time to time, GPST may revise this Agreement to keep them up to date with GPST’s products and services or other changes. For revisions to this Agreement, users shall periodically refer to https://www.gpstracking.com/gpstterms.html to become familiar with such changes. The date of update is intended to alert you to recent modifications. If you do not wish to accept such modifications, you may immediately cancel your account and/or cease using the Website and GPST’s services. Your access or use of the Website subsequent to such an update signifies your consent to be bound by such changes.

19. Notice

All notices, unless otherwise stated in the terms of this Agreement, may be sent to:

GPSTracking.com
Attn: Customer Relations
2912 NW 156th Street
Edmond, OK 73013
Phone: 405-694-4549

Or via email to [email protected].

20. Assignment

You are not allowed to assign or transfer this Agreement in whole or in part or subcontract any of its rights or obligations without the prior written consent of GPST; any attempted assignment or transfer by you without GPST’s consent shall be void. GPST may assign this Agreement upon reasonable notice to you.

21. Statute of Limitations

You agree any claim or cause of action arising out of this Agreement or the use of GPST’s Website or services must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.

22. Acknowledgement

You acknowledge that You have read, understand, and agree to the terms of this Agreement, and that this Agreement has the same force and effect as a signed agreement.

23. Section Headings

Section headings are for reference only and to no affect the meaning of the provisions.

GPSTracking.com Website Terms of Use