Welcome to www.SecurusGPS.com. This website ("Site") is owned by Securus, Inc. ("Securus").
The words "we" and "us" refer to Securus and its affiliates. The word "you" refers to the account holder, account administrator, subscriber or user of the System.
This website is designed for and intended for use by adults. Persons under the age of 18 may use this Site only under the supervision of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care, you agree to be responsible for their use of this Site, and it is your responsibility to exercise discretion and to observe all safety measures required by law and your own common sense.
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THE PROVISIONS OF THIS AGREEMENT AND APPLICABLE LAWS.
2. LIMITED LICENSES AND USE
Securus grants you, during the term of this Agreement, a limited, revocable, non-transferable and non-exclusive license to make personal use only of the Site. Such grant does not include, without limitation:
- any resale or commercial use of this Site or any Site Materials (defined below);
- any modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser;
- copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Securus trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- the collection and use of any product listings or descriptions;
- making derivative uses of the Site and any Site Materials; or
- use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site materials or to collect any information from the Site or any other user of the Site.
Except as expressed above, you are not conveyed any right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or other proprietary right of Securus or any third party. You may not use any meta-tags or any other "hidden text" utilizing Securus' name, trademarks, or product names without our express written consent. "Site Materials" mean all materials or content on the Site, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
Securus also grants you, during the term of this Agreement, a limited, revocable, non-transferable and non-exclusive license to use the System, including software provided by Securus, contingent upon your compliance with this Agreement. This Agreement does not grant you the right to
- distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the System (or any software), any access to it, or any rights granted under this Agreement to any other person;
- reverse engineer, decompile, or disassemble the System (or any software);
- modify, translate, adapt, arrange, or create derivative works based on the System (or any software) for any purpose;
- use the System (or any software) outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement. All rights not expressly granted to you herein are reserved by us.
We may terminate this license and your use of the System including the Device and Services, or access to this Site if you make or permit any unauthorized use of this Site or the System. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We may terminate this license including the Device and Services, or access to this Site if
- you fail to provide all required information when activating your System;
- we determine at our sole discretion that the SIM card in your device has been or will be used improperly; or
- we determine at our sole discretion that you will use the System in a manner that will violate this Agreement. We reserve the right to have all violators prosecuted to the fullest extent of the law The "Securus" name, logos, and all other trademarks, service marks, and trade names used in connection with the System are owned by us, or our licensors, and you may not use them without our prior written consent.
The System determines and reports location information using a third-party wireless communications provider and Devices provided by us.
3. SERVICE PRICING, RESPONSIBILITY FOR CHARGES AND REFUNDS
If you wish to purchase Services, you must do so for a period of at least one (1) year. Some products may offer service plans for terms of two (2) or more years.
Service fees may be paid in advance during the activation process or on a monthly or other subscription basis using a valid and chargeable credit card or debit card. If you do not pay in advance for the term of service selected, your credit or debit card will be charged monthly for the full monthly amount due. Regardless of the term of service selected, a non-refundable one-time activation fee must be paid in advance during the activation process.
For all service plan payments, if your payment card on file is declined, we may retry the charge. If payment is again declined, we may terminate the Services immediately, and without penalty or liability to us. Late payments for any charges billed by Securus will be subject to a flat fee of $2.00.
There will be no refunds for partial months of service, plan changes or refunds for months unused with an open account.
Our Service Plan pricing is subject to change without notice; however, service plan pricing is available on our website for your review prior to renewal.
You are responsible for all charges incurred in connection with the Services regardless of who incurs the charges. If you believe there is an error in any charge posted to your account, you must contact us concerning the disputed charges within fifteen (15) days of receiving the bill for those charges, at which time we will investigate your claim. You must notify us immediately of any change in your name, billing address, service address, email address, telephone number or credit card or other account information. You are responsible to pay your own mobile phone service provider/carrier for SMS text messages sent and received to and from you and our Control Center as part of your System communications service.
Modification or cancellation of your Service Plan must be communicated to Securus Customer Care by calling 1-866-989-7768 or emailing Support@SecurusGPS.com at least ten (10) business days prior to the end of your Service Plan term/commitment.
4. AUTOMATIC RENEWAL AND CANCELLATION
Automatic Renewal of Service Plan
At the end of your first year of service, your Plan will automatically renew for a one (1) year term at the subscription rates in effect at the time of renewal unless you choose to modify the plan or request to cancel the plan at least 10 days prior to renewal.
Acceptance of terms and conditions during the activation process means you have expressly authorized us to charge a recurring service fee based on the Service Plan, Payment Plan and Pricing in effect at the time of renewal. Except as otherwise required by applicable law, you agree that we will not provide you with any notices prior to each annual renewal payment.
In the event that your payment card company declines to process your payment on renewal, we may retry the charge on the payment card. If payment is declined a second time, we may terminate your service immediately without penalty or liability to us. Late payments for any charges billed by Securus will be subject to a flat fee of $2.00.
|Initial Term of Service ||Initial Payment Plan ||Renewed Term of Service ||Renewed Payment Plan |
|1 year (12 months) ||Monthly ||1 year (12 months) ||Monthly |
|1 year (12 months) ||All fees paid upfront at beginning of 1 year term ||1 year (12 months) ||All fees paid upfront at beginning of 1 year term |
|2 years (24 months) ||All fees paid upfront at beginning of 2 year term ||1 year (12 months) ||All fees paid upfront at beginning of 1 year term |
Cancellation of Service Plan
You may terminate your Service Plan at any time. Except as provided in Sections 12 and 15 below, if you terminate Services prior to the expiration of the term of your Service Agreement (whether it is the initial term or a renewed term of service):
- your account access will be immediately suspended,
- you will be charged a $100 early termination fee which you have expressly authorized by accepting these terms and conditions, activating and using your device, and
- you will forfeit any and all unused, prepaid subscription fees.
- If you were paying monthly, we will stop charging you within 30 days after receiving notice from you of the early termination.
5. SALES AND USE TAXES
If we are legally required to collect sales tax on merchandise or services you order, the tax amount will be added automatically to your purchase price. You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.
If you desire to make purchases of products or services described on this Site, certain sections of, or offerings from, the Site may require you to register. If registration is required, you agree to provide us with accurate, complete registration information including but not limited to credit card or other payment information. Your registration must be done using your real name and accurate, current information. Each registration is for your personal use only. Access through a single name being made available to multiple users on a network is prohibited.
You are responsible for preventing such unauthorized use. Additionally, you agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. By using the Device or Services, you represent and warrant that all customer information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
We have a Privacy Statement which is incorporated by reference in this Agreement. You should refer to the Privacy Statement in order to fully understand how we collect, secure and use information. To learn about the Company’s privacy and security practices, please refer to the Privacy Statement on the Site. You acknowledge that System transmission of information from your device to our Control Center, from you to our Control Center, and from our Control Center to you may be intercepted and read by others. As such, you acknowledge that System transmission of information is not confidential.
8. PASSWORDS AND SECURITY
If you use a password to access this Site, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. Therefore, you are responsible for all charges incurred from System activity occurring on your account regardless of who incurs the charges. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately.
We reserve the right to take any and all action deemed necessary or reasonable to ensure the security of the Site and your account, including without limitation terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event will we be liable to you for any damages resulting from or arising out of any:
- action or inaction of us under this provision;
- compromise of the confidentiality of your account or password;
- unauthorized access to your account or use of your password.
If your Device is lost or stolen, you are responsible for all charges incurred until you notify us of the loss. Once you inform us that your Device has been lost or stolen, we will immediately suspend your account. If you choose to purchase a new Device, we will apply your remaining wireless communications service plan period to your new account. If you decide to terminate your service, your unused wireless communications service plan will NOT be refunded.
9. COLLECTION, USE, COMMUNICATION, RETENTION, AND DISCLOSURE OF LOCATION INFORMATION.
You agree that we may use data from the Device, which you must purchase separately, together with Tracking Information (as defined in the Privacy Statement). The direct tracking of people is expressly prohibited. The Federal Communications Commission and the Federal Aviation Administration regulations prohibit use of the Device on commercial aircraft, including in checked baggage.
You agree that we have the right to monitor and collect Tracking Information through communication technologies and networks chosen by us.
You agree that we may communicate Tracking Information to you through communication technologies and networks chosen by us or, at your request, we may communicate Tracking Information to you in part through communication technologies and networks chosen by us, as when you choose to receive Tracking Information from us through Short Message Service ("SMS") messages sent to your mobile phone. You can register to receive Tracking Information and alerts through SMS messages by logging in to your account at www.SecurusGPS.com/GPSaaS. Instructions regarding how to receive such SMS messages are outlined in the User Manual and terms that apply the SMS option are stated in the Terms and Conditions For Setting up Alert Message Services.
You agree that we may use, retain, and disclose Tracking Information as described in this Agreement and in the Privacy Statement.
10. OUR USE OF YOUR INFORMATION.
We use your information in a manner consistent with federal customer privacy laws and the Privacy Statement. Except as contemplated by the Privacy Statement and as necessary to deliver the Services, We will not intentionally share Personal Information (as defined in the Privacy Statement) or Tracking Information obtained through the Services to third parties not related to us without your written permission. As described in the Privacy Statement, we may, from time to time, use your information to market our and our affiliates’ services to you.
You agree that any and all information provided by you in the course of using the Services becomes our property. We may use this information for any lawful purpose, subject to the Privacy Statement. You acknowledge that transmissions to us from a Device, transmissions from us to you, and your communications to us may be intercepted and read by others. You therefore acknowledge that the Services are not confidential.
To comply with appropriate legal process, we may disclose any of your information or content to law enforcement authorities, including your name, account history, account information or other transmission data requested by law enforcement.
We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information including but not limited to your profile, email addresses, usage history, posted materials, IP addresses and traffic information to any third-party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
By using this Site and/or the System, and/or sending an email to us, you consent to receive communications from us electronically and agree we may communicate with you by email or by posting notices on this Site.
11. ERRORS, MISPRINTS, CORRECTIONS, AND CHANGES.
We reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and other Site materials at any time and from time to time without any notice or liability to you or anyone. We do not guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter. We reserve the right to limit quantities sold or made available for sale. We may make changes to the features, functionality or content of the Site at any time and reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant that Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free. We reserve the right to cancel, terminate or not process orders (including accepted orders) where the price or other material information on this Site is inaccurate or when it recognizes abuse of its policies. If we do not process an order, we will advise you and will either not charge you or will apply credit to the payment type used in the order.
12. RETURNING DEVICES UNDER GUARANTEE.
Devices purchased directly from us may be returned for a refund of the cost of the Device within 30 days of purchase, subject to the terms of our 30-Day Risk-Free Return under Warranty. The 30-Day Risk-Free Return under Warranty is available at www.SecurusGPScom. Shipping charges are not refundable.
13. LOST OR STOLEN DEVICES
If a Device is lost or stolen, you are responsible for charges incurred until you notify us of the loss or theft. After you inform us that a Device has been lost or stolen, we will suspend your account. After you purchase a new Device, any money left in your account will be transferred to a new account. If you decide to terminate the account, then your registered credit card will be charged in the amount of the termination fee stated in Section 4.
The term of this Agreement commences when you first activate the Services; provided, however, that we may decline to activate the Services if
- you fail to provide all required information through the activation page on the Site within 90 days after purchasing the Device that Customer will use to receive the Services;
- we determines in our sole discretion that the SIM card in the Device has been or will be used improperly;
- we determine in our sole discretion that you will use the System in a manner that will violate this Agreement.
We may, with or without cause, immediately terminate this Agreement at any time, and deny you access to or use of the Services, including without limitation, in the event that you breach this Agreement or engage in conduct that we, in our sole discretion, consider unacceptable.
You may terminate the Services at any time. Except as provided in Sections 12 or 15 , an early termination fee will apply and is explained in Section 4.
If not earlier terminated, this Agreement shall automatically be extended for a one (1) year term using the same payment plan (i.e. monthly, prepaid upfront or other subscription basis) then in effect for you. This Agreement shall renew at the then current service pricing rates in effect at the time of renewal.
Without prejudice to any other rights we may have, we reserve the right, without notice, to terminate your license to use this Site, and to block or prevent future access to and use of this Site and your access to the System if we determine in our sole discretion that you have violated any of these Site terms or its policies, and/or if you fail to pay amounts owing to us when due. Your access to the System and the license granted hereunder will terminate upon expiration or cancellation of your agreement with us. If your Services are canceled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
All provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement, including but not limited to obligations with respect to disclaimers of warranties, limitations of liability, indemnification, and intellectual property rights, and term with respect to your use of the Site, shall survive any expiration or termination of this Agreement.
You agree that we reserve the right, at our sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time (each, and "Amendment"). We will include any such Amendments on the version of this Agreement that is posted on the Site www.SecurusGPS.com and will notify you by e-mail, or otherwise, that the Agreement has been amended.
Any Amendment to the Agreement will take effect immediately upon being posted to the Site. Your continued use of the Services after an Amendment is so posted constitutes your acceptance of and agreement to the Amendment. If you do not agree to any such Amendment, you must notify us within 30 days after you are notified of the Amendment that you have elected to terminate the Services rather than agree to the Amendment. Provided that you terminate the Services in accordance with this Section, we will not charge you a termination fee (as described in Section 4, above).
16. WIRELESS COVERAGE.
The System will function only in geographic areas where our wireless communications provider offers service. Please use the Wireless Coverage Map to determine if there is service in the area where you intend to use the System. If currently there is no wireless coverage in your area, we recommend that you do not purchase the System.
17. WARRANTY DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SYSTEM, SERVICE AND ANY SUPPORT SERVICES RELATING TO THE SYSTEM, THIS SITE AND THE SITE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS, AND WITH ALL FAULTS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND SITE MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS SITE.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES REGARDING YOUR SYSTEM, SERVICE OR OTHER EQUIPMENT OR THAT YOUR ACCESS TO OR YOUR USE OF THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SYSTEM OR THAT DATA SENT BY YOU OR RECEIVED BY YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, AND WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY DATA OBTAINED THROUGH THE SYSTEM. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
CERTAIN ADDITIONAL WARRANTY DISCLAIMERS AND LIMITATIONS MAY APPLY WITH RESPECT TO THE DEVICE. YOU SHOULD READ THE MATERIALS ACCOMPANYING THE DEVICE.
18. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECURUS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY LOSS OF USE, PROFITS, OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO:
i. THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS SITE, or
ii. ANY ACT OR OMISSION BY SECURUS PROVISION OR FAILURE TO PROVIDE THE SERVICES OR DEVICES,
iii. ANY OTHER LIABILITY ARISING FROM THIS AGREEMENT.
SECURUS SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY THAT FURNISHES ANY PART OF THE SERVICES, OR THAT FURNISHES A PRODUCT OR DEVICE USED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES PARTICIPATING IN OFFERS MADE THROUGH US. WE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
To the maximum extent permitted by applicable law, and to the extent any of the other provisions in this Section are unenforceable, the entire liability of Securus and any of its suppliers or licensors with respect to the Device and any other aspects of the System or services related to either are limited to the amount actually paid by you for the System or the Device.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE SYSTEM OR ANY TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE AND THE SYSTEM. THE COMPANY EXPRESSLY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USE OF THE SYSTEM THROUGH THE INTERNET OR OTHER COMMUNICATION SERVICES.
ACCURACY OF THE LOCATION INFORMATION PROVIDED BY THE SYSTEM IS SUBJECT TO NETWORK CAPABILITIES, ENVIRONMENTAL CONDITIONS, AND WHETHER OR NOT THE DEVICES ARE POWERED ON AND WITHIN THE WIRELESS COMMUNICATION CELLULAR CARRIER’S COVERAGE AREA. THE COMPANY DOES NOT WARRANT THE NETWORK SERVICE PROVIDED TO IT BY CELLULAR CARRIERS. SERVICE MAY BE UNAVAILABLE OR INTERRUPTED FROM TIME TO TIME FOR A VARIETY OF REASONS BEYOND THE COMPANY’S CONTROL, SUCH AS ENVIRONMENTAL OR TOPOGRAPHIC CONDITIONS. SERVICE MIGHT ALSO NOT BE AVAILABLE IN CERTAIN PLACES (E.G., IN TUNNELS, PARKING GARAGES, OR WITHIN OR NEXT TO BUILDINGS) OR NEAR OTHER TECHNOLOGIES.
WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, OR USEFULNESS OF LOCATION INFORMATION ACCESSED THROUGH A CELLULAR CARRIER PROVIDING NETWORK TRANSMISSION OR LOCATION SERVICES TO THE COMPANY. THE COMPANY ASSUMES NO RESPONSIBILITY FOR PEOPLE, PETS, AND/OR PRODUCTS THAT ARE NOT RECOVERED. THE COMPANY RESERVES THE RIGHT TO SET LIMITS ON THE USE OF ITS SERVICES AT ITS DISCRETION.
You agree to defend, to indemnify, and to hold Securus and its affiliates, suppliers and licensors (and each entities’ respective officers, directors and employees) harmless from and against any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to your use of System or your inability to use the System or your breach of this Agreement, whether any such claim is based in contract or tort (including strict liability).
19. THIRD PARTY SERVICES AND LINKS.
We may provide links and access to third-party websites and merchants that contain information, products and/or services for those interested in the information. If you choose to purchase goods or services from the third-party websites or merchants, the third-party websites and merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions consummated between you and the third-party websites and merchants. You agree that use of or purchase from such websites or merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement.
Under no circumstances are we liable for any damages arising from the transactions between you and third-party websites or merchants or for any information appearing on these sites or any other site linked to our Site. We neither monitor nor assume responsibility for the content of third parties' statements or websites. Accordingly, we do not endorse or adopt these websites or any information contained therein and makes no representations or warranties whatsoever regarding their accuracy or completeness.
20. PRESS RELEASES.
The Site may contain press releases and information about Securus and the System. We do not make any expressed or implied representation or warranty as to the accuracy, reliability or completeness of any information in any press release. Neither Securus, nor its directors, officers, shareholders, or employees, have any liability to you or any other persons resulting from your use of any information in any press release. We disclaim any duty or obligation to update any press releases. Information about companies other than us in press releases cannot be relied upon as being accurate or provided or endorsed by us.
You agree to comply with all trade regulations and export control laws, both domestic and foreign. Devices, software and any underlying information accessed or transferred using the System may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by us and the U.S. export control laws, you agree not to export or re-export any the System or any software to any foreign country. Any information that you transfer using the Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
22. UNLAWFUL ACTIVITY.
You agree to not use the System or the Tracking Information provided thereby for any unlawful purpose, and to comply with all applicable laws and rules. All access to and use of this Site is governed by and subject to the Site terms. We have the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on this Site. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate.
We have the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that we believe in our sole discretion may violate applicable law, the Site terms or a third party's rights. We have no responsibility and assume no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter.
23. CHOICE OF LAW AND ENFORCEMENT.
Any legal action concerning this Agreement or the System shall be interpreted under the laws of the State of North Carolina, without reference to any choice of law principles. Any dispute arising from or relating to this Agreement, regardless of theory of action, shall be resolved exclusively in the state and federal courts of the State of North Carolina and you hereby unconditionally consent and submit to the exclusive jurisdiction and venue thereof.
You hereby waive your right to a jury trial in any dispute arising out of this Agreement or the System. Any cause of action you may have with respect to the use of the System must be commenced within one (1) year after the claim or cause of action arises. Any action after that period is unenforceable. Use of the System is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
24. LEGAL EQUIVALENCY.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be:
i. deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing;
ii. legally enforceable as a signed writing as against the parties subject to the electronic documents; and
iii. deemed an "original" when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them in writing.
This Agreement, and the licenses granted hereunder, are personal to you. You may not assign your rights or delegate your obligations under this Agreement. Logon and password privileges provided to you for use of this Site are not transferable by you. We may transfer your account and any of our rights and obligations under this Agreement to any party without notice to you and without your consent for any purpose, including without limitation collection of unpaid amounts, or an acquisition, reorganization, merger, or sale of all or substantially all of the our assets. Any purported transfer, delegation, or assignment by you in contravention to the terms hereof is null and void from the beginning.
No Third Party Beneficiaries:
There are no third party beneficiaries under this Agreement, except for our affiliates, suppliers, and licensors or as required by law.
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision. No waiver, express or implied, by you or us of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, including the Privacy Statement, supersedes all oral or written communications and understandings between you and us with respect to the System and the terms under which the Services are offered and provided.
If any provision of this agreement is held illegal, invalid or unenforceable in whole or party, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect.
Construction and Precedence:
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you are experiencing difficulties in using the Site or have a question about the System, service, charges or bill, or your obligations hereunder, please contact us at Support@SecurusGPS.com or call us at 1-866-989-7768.