U-Trace • Terms of Use
Effective date: January 1, 2025
Welcome to U-Trace These Terms of Use
provide you with important information about the U-Trace Service and the terms
that apply to your use of the Service.
Your use of the U-Trace service is subject
to these terms of use.
When you accept these Terms of Use during
our registration process or when you access or use U-Trace, you indicate that
you have read, understood and agree to be bound by these Terms of Use. If you
do not agree to any of these Terms of Use, you must decline these Terms of Use
during our registration process or by other methods we make available to you.
You are not authorized to access or use U-Trace if you do not agree to these
Terms of Use. Please select "Download Terms of Use" below if you would
like to download a copy of these Terms of Use.
Please read these Terms of Service
carefully. Not all services, warranties and/or programs are available in all
geographic areas. These Terms of Service specifically detail when a geographic
area impacts the services, warranties and/or programs provided. No products,
services or programs are offered outside of North America and Europe. If you
are unsure whether a particular service, warranty or program is available in
your geographic area, please contact U-Trace.
IT IS YOUR RESPONSIBILITY TO NOTIFY ALL
PERSONS USING OR OCCUPIING YOUR VEHICLE THAT THE VEHICLE TRACKING AND LOCATION
FEATURES ARE ACTIVE AND ALLOW YOU TO ACCESS VEHICLE INFORMATION, INCLUDING ITS
LOCATION.
Covert or non-consensual use of the
Service to collect or track information about others is prohibited.
CONFIDENTIALITY
U-Trace takes your privacy very seriously.
U-Trace's full privacy policy is available in the U-Trace app menu item titled
"Privacy Policy"
". The U-Trace Privacy Policy
describes the information collection and use practices applicable to the
U-Trace service.
Privacy-conscious wireless communications
users are cautioned that the confidentiality and/or security of information
sent via wireless cellular communications cannot be guaranteed. Third parties
may unlawfully intercept or access transmissions and private communications
without your consent.
To prevent the Device from collecting
and transmitting Vehicle and Location Data (defined below) to us, you must
remove the Device from your vehicle's electrical system.
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SERVICE REQUIREMENTS
The U-Trace service offers a device that
must be installed in your vehicle to benefit from the benefits associated with
the device. You will find more details about the use of the device below. To
fully use all the features of the service, you will need Internet access from a
computer or an Apple or Android smartphone or tablet.
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SERVICE FEATURES
The U-Trace Service includes a set of
features, including certain wireless services for vehicles as described in
these Terms of Use, on the U-Trace Website, in the U-Trace App or other
marketing materials. These Service Features are provided by us, our affiliates
or other third parties, including wireless service providers, equipment and
software manufacturers, distributors, licensors, dealers, content providers and
any other person or entity that provides service, equipment, content,
functionality or facilities in connection with the U-Trace Service (our
“Service Partners”). The Service Partners that provide or assist in providing
the Service Features may change over time. We may also make certain changes to
the materials and Service Features available through the U-Trace Service, which
will be made available on our Website. For more details about these Service
Features, visit U-Trace.com. Below is a summary of the service features that
may be available to you.
VEHICLE DIAGNOSIS
The Vehicle Diagnostics Service monitors
your vehicle’s on-board diagnostics and will provide all vehicle diagnostic
trouble codes (DTCs), as well as additional information, that may relate to the
illumination of a vehicle warning light. We make this service feature available
using data collected by the U-Trace Service while the device is properly
installed in your vehicle. Any DTC information provided by the U-Trace App is
for informational purposes only and is not intended to prevent any mechanical
or performance issues with your vehicle. You understand that the U-Trace
Service does not provide all DTCs or report all conditions that may affect the
operation of your vehicle. In addition to the other limitations of liability
set forth in these Terms of Service, you agree and acknowledge that U-Trace is
not responsible for any performance or mechanical issues with your vehicle.
LOCALIZED SERVICES
Some features of the Service rely on
tracking the location of your vehicle. We make these Service features available
using data collected by the U-Trace Service while the Device is properly
installed in your vehicle. The data collected by the U-Trace Service may
include information about your vehicle's usage, operation, location,
performance, speed, braking, and other driving behavior information. By
registering for the U-Trace Service, you agree that U-Trace may collect this
information as part of the Service.
IN ADDITION TO OTHER PROVISIONS IN THESE
TERMS OF USE REGARDING OTHER USERS, IT IS YOUR RESPONSIBILITY TO NOTIFY ALL
PERSONS WHO USE OR OCCUPIE YOUR VEHICLE THAT THE LOCATION AND DATA COLLECTION
FEATURES ARE ACTIVE AND ALLOW YOU TO ACCESS VEHICLE INFORMATION, INCLUDING
VEHICLE LOCATION.
The U-Trace service provides regularly
updated route information. Please note that under normal circumstances, it may
take a few minutes for your vehicle's location information to be transmitted to
the U-Trace app. If the device experiences a loss of wireless service, no data
will be transmitted until the device regains wireless data coverage.
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CRASH DETECTION AND NOTIFICATION
U-Trace devices with the minimum firmware
and configuration are equipped with sensors and use software that can detect
vehicle impact events. Depending on the capabilities of the sensors and
software, qualified vehicle impact events will be displayed in the U-Trace app
and on the U-Trace user website. Additionally, notification of an accident is
available via SMS.
ACCIDENT DETECTION AND NOTIFICATION MAY
BE UNAVAILABLE IN SOME CASES, FOR EXAMPLE WHEN THE U-TRACE DEVICE IS DAMAGED OR
DISLODGED, OR WHEN CELLULAR OR OTHER SIGNALS ARE UNAVAILABLE OR INTERMITTENT.
IF THE DEVICE EXPERIENCES A LOSS OF WIRELESS SERVICE, NO DATA WILL BE
TRANSMITTED.
While reasonable care has been taken to
design the device sensors and software to successfully detect impact events
indicative of a motor vehicle accident, it is possible that not all vehicle
impact events will be considered motor vehicle accidents. Not all detected
impact events will be indicative of a motor vehicle accident. The following
events, but not limited to, may cause detected impact events that may be
reported as an accident: Sudden closures of doors, trunk, cargo areas and
engine hood, hitching or towing trailers, loose and moving cargo.
Although reasonable precautions have been
taken in designing the SMS messaging to notify designated contacts of an
accident, no guarantee is given that the SMS notification will reach the
designated contact.
IMPORTANT LIMITATIONS TO UNDERSTAND
- Not all detected impact events will be
considered an accident.
- Not all detected impact events will be
displayed in the U-Trace app or on the U-Trace website.
- Not all detected impact events will
result in a notification.
- Not all SMS messages will be received
by the intended recipient(s).
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SUBSCRIPTION
A data subscription for the U-Trace Service
is required and will be available for purchase at the time you sign up for the
U-Trace Service. The data subscription requires a monthly fee and is billed
periodically in advance. Payment options will be available at the time you sign
up for the U-Trace Service. At the end of the initial data subscription period
and each subsequent data subscription period, the data subscription will
automatically renew for a similar term (i.e., an additional month, quarter or
year). The monthly, quarterly or annual subscription price, applicable taxes,
fees and governmental surcharges, and payment terms will be disclosed to you
prior to your purchase of the Device and initial subscription, and such payment
terms are part of these Terms of Service. Please note that we are not always
able to provide you with advance notice of changes to applicable taxes, fees
and governmental surcharges.
If you are the person who registered your
vehicle for the U-Trace service, you are the primary account holder. The
primary account holder is responsible for ensuring that all additional users
are informed of the terms of use.
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REGISTRATION AND ACCOUNT
In order to use the service features of the
U-Trace Application, it will be necessary to create a user account and password
(an “Account”). The primary user of the Account may add other accesses
thereafter for the use of U-Trace, users must provide and then confirm the
associated primary email account. You may not register, access or use the
U-Trace Application if you are a person prohibited from accessing the U-Trace
Service or Content under the laws of the United States or other countries,
including the country in which you reside or from which you access the U-Trace
Service.
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OTHER USERS
These Terms of Use apply to all users of
the U-Trace Service. You, the primary account holder, are responsible for all
activity of users of your U-Trace Service and your Device. Without
limiting the foregoing, it is your responsibility to:
- Inform all other users that their access
to and use of the U-Trace Service is subject to these Terms of Service,
including the Privacy Policy.
- Ensure that all other users of your
U-Trace Service comply with these Terms of Service.
Covert or non-consensual use of the
Service to collect or track information about others is prohibited.
IT IS YOUR RESPONSIBILITY TO NOTIFY ALL
PERSONS USING OR OCCUPIING YOUR VEHICLE THAT THE VEHICLE TRACKING AND LOCATION
FEATURES ARE ACTIVE AND ALLOW YOU AND US TO ACCESS VEHICLE INFORMATION,
INCLUDING ITS LOCATION. IN THE EVENT YOU SELL OR TRANSFER TITLE OF YOUR CAR TO
ANOTHER, IT IS YOUR RESPONSIBILITY TO TERMINATE AUTOMATIC SERVICES FOR THE CAR
UPON SUCH SALE OR TERMINATION.
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SERVICE INTERRUPTION AND DEVICE
DEACTIVATION
The Service will automatically expire upon
expiration of any data subscription period (i.e., if the credit card on file
has expired or the data subscription renewal fee has been declined) or
cancellation as described elsewhere in these Terms of Service. Once your
Services expire or are cancelled, your Device will be deactivated. You will
have the option to reactivate the Device by paying the network fees and
reactivation fees.
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IMPORTANT DEVICE INFORMATION AND
WARNINGS
If you experience any difficulties with the
device or believe that the device is not working properly, please contact the
app support (or your service partner who provided the device to you) for
assistance. The device is factory sealed and cannot be repaired outside the
factory. Never attempt to repair the device yourself. Improper maintenance may
damage the device or your vehicle, or render the device inoperable. PROBLEMS OR
DAMAGE TO THE DEVICE OR YOUR VEHICLE CAUSED BY IMPROPER MAINTENANCE ARE NOT COVERED
BY WARRANTY.
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SAFETY INFORMATION AND WARNINGS
- Read these terms of use carefully before
using the device. They contain instructions on how to use the device
safely and effectively.
- Failure to follow these safety
precautions could result in an accident involving death, injury or
property damage.
- Always drive the vehicle in a safe
manner. Do not allow yourself to be distracted by any device function
while driving and always be fully aware of all driving conditions.
- Do not attempt to inspect or adjust the
unit while driving. Stop in a safe and legal manner before attempting
such operations.
- U-Trace services rely on wireless
communication networks and the Global Positioning System (GPS) network.
THESE SERVICES AND NETWORKS MAY NOT BE AVAILABLE EVERYWHERE OR AT ALL
TIMES. PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR IN ALL CARS AT ALL
TIMES.
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PRODUCTION TIMES
Upon initial installation in a vehicle, the
device may require up to ten (10) minutes to be ready for operation. During
this time, some service features may be inoperable.
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APPLIANCE REPAIR
- Use the appliance only as specified.
- If you experience any problems with the
device, do not attempt to disassemble or repair the device yourself. The
device does not contain any user-serviceable parts. Unauthorized repairs
or modifications may result in an accident, fire, electric shock, or
permanent damage to the device and/or your vehicle.
- Ensure the device is properly
reinstalled after any vehicle inspection or repair service.
- Do not touch, bend, connect components
or modify the connector terminals of the device in any way. Short
circuits and damage may occur.
- If the appliance needs to be cleaned,
wipe it with a damp cloth.
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GOVERNMENT NOTICE
- The device complies with Part 15 of the
FCC Rules. Operation is subject to the following two conditions: (1) this
device may not cause harmful interference, and (2) this device must
accept any interference received, including interference that may cause undesired
operation.
- This device has been tested and found to
comply with the limits for a Class B digital device, pursuant to Part 15
of the FCC Rules. These limits are designed to provide reasonable
protection against harmful interference in a residential installation. These
limits are more stringent than the “outdoor” requirements.
- The device complies with FCC radio
frequency exposure limits set forth for an uncontrolled environment. To
avoid the possibility of exceeding the FCC radio frequency exposure
limits, the user should be no closer than 20 cm (8 inches) to the antenna
during normal operation. This transmitter must not be co-located or
operating in conjunction with any other antenna or transmitter.
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WIRELESS SERVICE
Wireless service may not be available in
all areas or at all times. Therefore, U-Trace service may not be available in
all areas or at all times.
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GLOBAL POSITIONING SATELLITE SERVICE
(GPS)
The Device requires a GPS service to
determine your precise location. GPS coverage may not be available in all
locations or at all times. If GPS location data is not available, U-Trace may
not be able to provide your precise location for applicable service features.
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VEHICLE OBD II COMMUNICATION PROBLEMS
For devices requiring vehicle OBD II
communications to determine vehicle status and other specific information.
U-Trace Services may not function, or may be less than fully operational, if
the vehicle OBD II communications are unreliable or not functioning properly.
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POWER PROBLEMS
The device is powered by the vehicle's
battery. If the device loses power from the vehicle, the device's internal
battery will be used to keep the device powered until the battery is depleted.
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DEVICE DAMAGE
The device may sustain serious damage or
disconnect from the vehicle as a result of an impact to the vehicle, rendering
it inoperable.
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ADDITIONAL ELECTRICAL EQUIPMENT
The device is connected to the vehicle's
electrical architecture. Adding electrical equipment (e.g., two-way mobile
radio, CB radio, data loggers, etc.) may interfere with the operation of the
device and prevent you from using it.
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ADDITIONAL TERMS APPLICABLE TO USE OF
THE U-TRACE APPLICATION
You agree that these Terms of Use and any
additional terms of use and/or service that may be provided to you by U-Trace
will apply, collectively, to you and any additional users of the Application.
Data used when downloading and using the
App and when using the Website via a mobile browser, if applicable, will be
billed based on the service plan you have with your wireless carrier.
You must use security features available on
your mobile device or other Internet-connected device to prevent unauthorized
access to and use of the Application, including passwords and encryption.
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MODIFICATION OF THE TERMS OF USE
U-Trace reserves the right to modify these
Terms of Use (including the Privacy Policy and any other documents or policies
incorporated by reference into these Terms of Use), from time to time. We may
also stop providing any Service feature in whole or in part, if required by
law, rule or regulation, in which case you may cancel your U-Trace Service. If
required by law, we will notify you in advance of such changes. Otherwise, we
may notify you by posting a new version of these Terms of Use in the App. PLEASE
REVIEW the “Terms of Use” and “Privacy” menu items FOR THE MOST UP-TO-DATE
DETAILS ON PRODUCTS AND SERVICES, AND
If you fail to comply with the Terms of Use
for any reason, you will not be able to use the U-Trace Service and you may
cancel your use of the Service as described elsewhere in these Terms of Use.
Your continued access to or use of any of the U-Trace Services after any
modification becomes effective will indicate your acceptance of the modified
Terms of Use. Notwithstanding this provision, if we make changes to any of the
dispute resolution provisions contained in these Terms of Use, such changes
will not affect the resolution of any dispute that arose prior to such change.
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OUR RIGHTS OF CANCELLATION
To the extent permitted by applicable law,
U-Trace reserves the right to terminate your access to or use of the U-Trace
Service and these Terms of Use if, in our sole discretion, you have breached
these Terms of Use. In addition to any other termination rights provided in
these Terms of Use, we may cease providing the U-Trace Service at any time
without notice, and in such event only, the primary account holder will receive
a prorated refund of the unused portion of any prepaid data subscription fees
(or Apparent will receive a refund in the case of an Apparent customer).
You agree that we will not be liable to you
for any termination or discontinuance of any part or all of the features of the
Service, except as expressly provided in these Terms of Use. All provisions of
these Terms of Use which by their nature survive termination or expiration
shall survive any termination or expiration of these Terms of Use.
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OUR COVERAGE AREA
NOT ALL U-TRACE SERVICES ARE AVAILABLE
EVERYWHERE, ESPECIALLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL
TIMES. The location of your vehicle, especially in remote or closed areas, may
affect the availability and quality of the U-Trace service we are able to
provide to you. The service generally operates using the wireless
communications networks of our wireless service partners and the Global
Positioning System (“GPS”) satellite network. The Device receives GPS signals
and communicates with our data centers and those of our affiliates or service
partners through the use of wireless and fixed communications networks. The
U-Trace service cannot operate unless your vehicle is in a location where our
wireless carriers and/or their roaming partners have coverage, network
capacity, and reception. Aspects of the U-Trace service that involve location
information about your vehicle cannot function unless GPS satellite signals are
unobstructed, available at that location, and compatible with the device.
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FORCE MAJEURE EVENTS
Various conditions beyond our control may
prevent us, our affiliates or service partners (or other third parties) from
providing the U-Trace Service to you or cause delays in providing the Service
to you, or adversely affect the quality of the Service that you or your vehicle
may receive. These conditions include, for example and without limitation,
atmospheric, geographical or topographical conditions (such as buildings, hills
or tunnels); improper installation of the Device; incompatibility of the Device
with your vehicle; damage to or failure to maintain your vehicle in good
working order and in compliance with these Terms of Service or applicable laws,
rules or regulations; inclement weather; outages, congestion or failure of
public or wireless networks (including interruption of wireless service); as
well as war, acts of God, natural disasters, labor strikes or other acts,
forces or causes beyond our control, that of our affiliates and that of our
service partners (or other third parties). If any of the above prevents or
interferes with the provision of the Service, we may, at our discretion,
suspend or terminate the Service (in whole or in part) or cancel your
subscription, without notice and without any liability. Furthermore, we, our
affiliates and our service partners (or other third parties) are not
responsible for any failure, interruption, delay or degradation of the Service
or the Device due to these causes.
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LIMITATIONS ON YOUR USE OF THE U-TRACE
SERVICE ANDtrackgps.aspxTHEtrackgps.aspxDEVICE
You agree not to use the Device, the
U-Trace Service, any other services we may offer, or the U-Trace Website and
App in any unlawful, fraudulent, or abusive manner, including to harass,
threaten, abuse, defame, or slander any person or entity. You may not use the
U-Trace Service in any manner that interferes with any other customer's use of
the U-Trace Service or with our provision of the Service to our other
customers. Certain information you receive through the Service is our property,
our affiliates, or our service partners' property (or that of other third
parties) and may be subject to one or more copyrights, trademarks, service
marks, patents, or other legal protections. You agree that the Service is for
your exclusive use. You may not (or permit or cause any other party to) sell,
resell or otherwise use the Device, the U-Trace Service or any other service we
may offer, the Website, the U-Trace App or anything we provide to you for any
commercial purpose, nor reproduce, copy, modify, make derivative works from, or
otherwise display or distribute it.
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CONDITIONS RELATING TO SPECIFIC SERVICES
The features of the U-Trace Service may
change from time to time and may vary depending on your subscription or the
laws, rules or regulations of the state in which you reside. For the most
current description of the U-Trace Service, please visit U-Trace.com.
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YOUR RESPONSIBILITIES
Without limiting any other provisions of
these Terms of Service, you agree to the following responsibilities:
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DRIVE SAFELY
You assume full responsibility and all
risks associated with the use of the U-Trace service in your vehicle. You may
only use the service when it is safe to do so. Failure to do so may result in
an accident involving serious injury or death. You are responsible for
complying with all applicable laws, rules and regulations, including the
requirements of relevant government regulatory agencies, applicable to the use
of the service.
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NO INSURANCE
The Service is not an insurance product and
U-Trace (and its Service Partners) is not an insurance company. The Service
does not insure you, your property, your vehicle or any other person. You are
responsible for obtaining appropriate and applicable insurance on yourself,
your property, your vehicle or any other person.
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ACCOUNT INFORMATION/SECURITY MEASURES
You agree to provide U-Trace with true and
accurate account information and to keep that information up to date. You are
responsible for ensuring that we have your current and valid wireless phone
number and/or email address. You may change your phone number at any time by
updating that information in the App. Additionally, you may change your email
address in the App.
You will immediately notify us of any
breach of security or unauthorized use of the Service and/or your subscription.
We will not be liable for any losses resulting from unauthorized access to or
use of the Service or your subscription and you may be liable to us or to other
parties due to such unauthorized access and/or use.
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MISUSE OR MODIFICATION OF THE SERVICE
You will not copy, reproduce, distribute,
decompile, reverse engineer, disassemble, remove, modify, circumvent or
otherwise tamper with any security technology, convert to any use not
authorized by us, or claim ownership of the Service or any other party's
information or materials associated with the Service; and you will not remove,
alter or obscure any copyright, trademark or other proprietary rights notices
on or contained in any part of the Service or any information or materials on
or obtained from the Service.
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COMMUNICATIONS FROM US AND/OR OUR
SERVICE PARTNERS
We may contact you about the Services
(which may include cancellation of the Services) using notifications via in-app
messages, postal mail, telephone calls, and email using any email address you
have provided to us.
If you wish to contact us, please do so via
the Support menu item in the app.
U-TRACE DEVICE LIMITED WARRANTY: For
customers in North America, U-Trace warrants all new devices against any
defects or malfunctions for as long as you have an uninterrupted data
subscription, subject to the following terms and conditions.
This Limited Warranty extends to the
original person from whom the Device was purchased (the “Consumer”). The
Consumer may be referred to collectively in this Limited Warranty as “you,”
“your,” or “yours.” Coverage under this Limited Warranty ends if the Consumer
sells the Device, cancels the associated data subscription, and/or the data
subscription expires (i.e., does not renew).
TO THE EXTENT AN IMPLIED WARRANTY IS
REQUIRED BY LAW, IT IS LIMITED TO THE EXPRESS WARRANTY PERIOD DESCRIBED ABOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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THIS LIMITED DEVICE WARRANTY DOES NOT
APPLY TO
- Devices where the serial number or
device casing has been damaged, removed or altered in any way.
- Damage or malfunction resulting from
misuse, abuse, operation outside environmental specifications or contrary
to the requirements or precautions in these Terms of Service, lightning
or other natural causes, modification or alteration, incorrect electrical
current or voltage, signal reception or input, software errors that do
not disable functionality, or use of the Devices in vehicles operated
outside the continental United States, excluding U.S. territories and
Canada, institutional use, commercial use or business support purposes,
or other causes not resulting from defects in materials or workmanship.
The cost of repair or replacement in these
excluded circumstances will be borne exclusively by you and not by U-Trace.
Devices that are no longer compatible with
the applicable wireless service provider's network (i.e., if U-Trace's wireless
service provider no longer provides 3G service, a 3G device will not be
replaced with a newer (i.e., 4G) device under this warranty).
This warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
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TO OBTAIN WARRANTY SERVICE
To obtain warranty service, contact us (or
your service partner who supplied the device).
The warranty is limited to the repair or
replacement of the device, at the sole discretion of U-Trace.
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NO OTHER WARRANTIES
THE LIMITED DEVICE WARRANTY IS IN LIEU OF
AND U-TRACE EXPRESSLY DISCLAIMS, WHERE AND TO THE EXTENT PERMITTED BY LAW, ANY
OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DEVICE AND THE U-TRACE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW,
U-TRACE DOES NOT WARRANT THE OPERATION, PERFORMANCE OR AVAILABILITY OF THE
SERVICES, OR THAT THE SERVICES WILL CONTINUE TO EXIST FOR ANY PERIOD OF TIME,
OR THAT FUTURE OPERATION OF THE SERVICES WILL BE COMPATIBLE WITH CURRENT
OPERATION OR APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW,
U-TRACE MAKES NO REPRESENTATION THAT THE SERVICES WILL BE ERROR-FREE OR FREE
FROM LOSS, INTERRUPTION, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR
OTHER SECURITY INTRUSION, AND U-TRACE DISCLAIMS ALL LIABILITY IN THIS REGARD.
We conduct business transactions with our
affiliates, service partners or other suppliers, such as car dealers, insurance
companies and others. You acknowledge that all transactions relating to any
goods or services offered by any party, including, but not limited to, the
terms of purchase, payment terms, warranties, guarantees, maintenance and
delivery terms relating to such transactions, are agreed to solely between the
seller of such goods and services and you.
WE MAKE NO WARRANTIES REGARDING ANY SUCH
TRANSACTIONS ENTERED INTO BY OR IN CONNECTION WITH THE SERVICE, THE WEBSITE AND
THE U-TRACE APPLICATION, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS
ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY PROVIDED IN CONNECTION
WITH ANY PRODUCT, SERVICE, MATERIAL OR INFORMATION AVAILABLE ON OR THROUGH THE
WEBSITE OR THE U-TRACE APPLICATION AND/OR THE SERVICE, BY A THIRD PARTY IS
PROVIDED SOLELY BY THAT THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IT
IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER USER OR
OCCUPANT OF YOUR VEHICLE) USE GOOD JUDGMENT AND COMPLY WITH TRAFFIC RULES AND
ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN DRIVING YOUR VEHICLE, ACCESSING
AND/OR USING THE SERVICE, ALLOWING OTHERS TO USE YOUR VEHICLE, AND/OR
EVALUATING WHETHER USE OF ANY OF THE SERVICE'S FEATURES IS SAFE AND LEGAL IN
THE CIRCUMSTANCES. DIAGNOSTIC DATA SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY
AND ARE DESIGNED TO HELP IDENTIFY THE LIKELY SOURCE OF A PROBLEM BASED ON THE
DIAGNOSTIC CODES TRIGGERED AND ARE NOT INTENDED TO REPLACE IN-PERSON SERVICE
EVALUATIONS.
LIMITATIONS OF LIABILITY
EXCEPT AS SET FORTH ELSEWHERE IN THESE
TERMS OF USE, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US FOR DAMAGES OR
OTHER MONETARY RELIEF IS LIMITED TO DIRECT DAMAGES. TO THE EXTENT PERMITTED BY
LAW, U-TRACE WILL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH THESE TERMS OF
USE OR THE U-TRACE SERVICE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL
OR PUNITIVE DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, LOST OR CORRUPTED
DATA, OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. TO
THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL U-TRACE'S AGGREGATE LIABILITY
EXCEED $89.99 USD. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF U-TRACE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF DAMAGES AND WHETHER THEY ARISE FROM
NEGLIGENCE, TORT OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY
TERMINATION OR EXPIRY OF THESE TERMS OF SERVICE AND APPLY TO ANYONE USING THE
SERVICES OR DEVICE OR BRINGING A CLAIM ON YOUR BEHALF. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU ARE RESPONSIBLE FOR YOUR DEVICE IN CASE
OF LOSS OR THEFT
OR SUBJECT TO MORE THAN ORDINARY WEAR AND
TEAR.
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INTELLECTUAL PROPERTY/OWNERSHIP
The Service and all information and
software provided by us through the Service, including the U-Trace App, are and
will remain our (or our affiliates’ or relevant service partners’) exclusive
property, are protected by United States copyright laws and may be subject to
other intellectual property protections, including patent and trademark rights.
You may not copy, distribute, modify, publish, broadcast, retransmit, reuse or
otherwise reproduce the Service, information or software in any medium. Any violation
of this restriction constitutes a violation of the copyright or proprietary
rights in the Service, information and software. As between you and us, we (and
our affiliates and relevant service partners) own or license all such software
and you acquire no rights in such software, including any right to use or
modify the software (other than in the normal course of your receipt and use of
the Service in accordance with these Terms of Service). We may update the
software contained in the U-Trace Device or App from time to time. We may do so
remotely without prior notice to you. Such software updates or changes may
affect or erase data or metadata stored in the Service. We are not responsible
for any data or metadata that is affected or erased as a result of any software
update or change. All trademarks, logos and service marks.
The registered and/or unregistered
trademarks displayed in connection with the U-Trace Service are registered
and/or unregistered trademarks of U-Trace, its affiliates, its applicable
service partners or other third parties. Nothing herein or contained in the
Service shall be construed as granting, by implication, or otherwise, any
license or right to use or display any trademark or any variation thereof
without the written permission of U-Trace or its owner.
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DIVISIBILITY
If any provision of these Terms of Use or
any document incorporated by reference is found by a court of competent
jurisdiction to be unlawful, then that provision shall be severed from these
Terms of Use and the remaining provisions of these Terms of Use or the
application of that provision to persons or circumstances other than those to
which it is invalid or unenforceable shall not be affected. Each provision of
these Terms of Use shall be valid and enforceable to the extent permitted by
law and unless prohibited by law.
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APPLICABLE LAW
Unless U-Trace has agreed otherwise
elsewhere in these Terms of Service, the interpretation of these Terms of
Service and any disputes covered by them shall be governed by federal law,
excluding its conflict of law provisions.
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ENTIRE AGREEMENT
This Terms of Use document (including the
Privacy Policy, and any other documents or policies incorporated by reference
into these Terms of Use) constitutes the entire agreement between you and us.
It supersedes all other agreements, communications or representations, whether
oral or written, between us, past or present. U-Trace is not responsible for
any statements, agreements, representations, warranties or undertakings,
whether oral or written, including, without limitation, statements of third
parties, anything said by sales or support representatives, regarding or
relating to the device or service provided to you under these Terms of Use or
your subscription, unless such statements, agreements, representations,
warranties or undertakings are expressly contained in these Terms of Use.
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QUESTIONS, CONCERNS AND COMMENTS
If you have any questions regarding our
Terms of Use, please contact us:
U-Trace
Legal Department
1910 Pacific Avenue
Suite 2000 PMB 1144
Dallas, Texas 75201-4540
UNITED STATES
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