TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Field Data Technologies, Corp, located at 2330 Timber Shadows Drive, Ste. 208-C, Kingwood, TX 77339, in association with the use of the Easitrack website (the "Site") and its Services, which shall be defined below. TOS document is available through our website(s) and it is mutually understood that by using the services and making the related payments, the customer agrees to the TOS of this Agreement; otherwise, the customer should not access or use the offered service.
Customer agrees that Field Data Technologies Corp. / Easitrack may monitor, collect, use, communicate, retain, and disclose GPS-related information through the use of the GPS tracking devices sold by Field Data Technologies, Corp to its customers; such information may be transmitted through cellular communication networks and other available technologies (such as SMS, email, etc.) at customer’s request.
Customer agrees to use the service in accordance with this agreement; customer must be at least eighteen (18) years old or have the appropriate authorization to use the system and obtain the provided information. Any information provided by the customer to Field Data Technologies must be accurate in nature.
Customer is required to use the GPS tracking device with the wireless carrier service chosen by Field Data Technologies Corp. Customer is responsible for all the charges and taxes associated with the purchase of hardware and services regardless of who incurs the charges. Service charges may be purchased on a monthly, quarterly or annual basis; The cost of hardware and services will be charged in advance and paid by a valid credit card provided by the customer; Field Data Technologies Corp. may collect credit card information from the customer and keep it and apply on recurring future payments. Customer is responsible for providing and maintaining a valid credit card information on file with Field Data Technologies, Corp. all the time. Providing updated payment information to Field Data Technologies Corp via phone, email, online, through the system and any other mean, constitutes approval by the customer for the use of such payment information to process the related payments incurred by the customer. Field data Technologies, Corp. reserves the right to suspend or cancel
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is Easitrack.com which has the following description:
Easy Real Time GPS Tracking: Maps, Alerts, Reports.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Field Data Technologies, Corp. At its discretion, Field Data Technologies, Corp may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Field Data Technologies, Corp does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Field Data Technologies, Corp. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
CAUTIONS FOR USE COMPLIANCE
Customers shall not use, and shall not allow any person to use, the services provided by the site Easitrack in any way that violates any federal, state, or local laws, regulations, ordinances, or for any illegal purpose, including but not limited to illegal surveillance of individuals.
All users herein agree to insure and hold Field Data Technologies, Corp., our agents, employees, officers, partners blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from the use of our Easitrack website services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Easitrack site.
Field Data Technologies, Corp., shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Field Data Technologies, Corp., reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement at any time. Changes to this agreement shall take effect immediately upon being posted on our website(s). The continued use of the Services after an Amendment is modified constitutes Customer’s acceptance of and consent to the Amendment. Customer will have sixty (60) calendar days from the date the agreement is modified to terminate the service rather than accept the modified agreement.
You do hereby acknowledge and agree that Easitrack's services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other applicable proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Field Data Technologies, Corp., you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Easitrack services in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT
a) THE USE OF EASITRACK SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. FIELD DATA TECHNOLOGIES, CORP. AND OUR OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FIELD DATA TECHNOLOGIES, CORP. AND OUR OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO SUCH WARRANTIES THAT (i) EASITRACK SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) EASITRACK SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EASITRACK SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION, DATA OR MATERIAL OTHERWISE OBTAINED BY WAY OF EASITRACK SERVICE OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR ASSETS OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE ACCESSING OF ANY SUCH INFORMATION, DATA OR MATERIAL.
d) LIFE-TIME WARRANTY OF TRACKING DEVICES:
FIELD DATA TECHNOLOGIES, CORP OFFERS A LIFE-TIME WARRANTY ON TRACKING DEVICES TO ACTIVE CUSTOMERS WITH CURRENT ACCOUNTS (UP-TO-DATE PAYMENTS). TO QUALIFY FOR THE LIFE-TIME WARRANTY, THE FOLLOWING PRE-REQUISITES MUST BE MET:
D.1. Identification of non-working GPS units and completion of troubleshooting protocol.
D.2. Non-working units must meet the Warranty policy requirements to qualify for RMA; Warranty policy requirements are as follows:
D..2.1. GPS trackers must be installed inside the vehicle’s cabin as indicated on the installation manual. Units installed inside the engine compartment or outside the vehicle’s cabin and exposed to extremetemperatures, dust, fire, grease, dirt, water or other substances or elements will not qualify for the Easitrack warranty.
D.2.2. Broken units or units damaged by the negligence of customers (except for the normal wear and tear of a properly installed unit) will not qualify for warranty.
D.2.3. Only GPS tracker units in good acceptable condition, with a normal wear and tear will qualify for warranty.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FIELD DATA TECHNOLOGIES, CORP OR BY WAY OF OR FROM OUR EASITARCK SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FIELD DATA TECHNOLOGIES, CORP AND OUR OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THIRD-PARTY SERVICE INTERRUPTIONS OR OUTAGES.
c) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Field Data Technologies, Corp. (and its officers, directors, employees, agents, partners and any other third parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Field Data Technologies, Corp. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed.
You herein acknowledge, understand and agree that all of the Easitrack trademarks, copyright, trade name, service marks, logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Field Data Technologies, Corp. You herein agree not to display and/or use in any manner the Easitrack logo or marks without obtaining Field Data Technologies Corp.’s prior written consent.
This TOS constitutes the entire agreement between you and Field Data Technologies, Corp. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Easitrack services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other third-party services.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Field Data Technologies, Corp. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Field Data Technologies, Corp. shall be filed within the courts having jurisdiction within the County of Harris or Montgomery, Texas or the U.S. District Court located in said state. You and Field Data Technologies, Corp. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Field Data Technologies, Corp. fails to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within six (6) months after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Field Data Technologies, Corp. as follows:
2330 Timber Shadows Drive, Ste 208-C
Kingwood, TX 77339
Telephone: (713) 714-3678