Terms & conditions
By using the hardware and software of 509 Track, you agree to the following terms and conditions:
In this Agreement the following definitions apply:
- “we,” “us,” “our,” “509 Track” mean 509Track.com and its affiliates;
“you,” “your,” “customer,” and “user” mean an account holder or user with us;
“Service” means our offers, plans, options, or Devices on your account with us.
“Services” means our offers, plans, options, or Devices on your account with us.
2. The Subscription Agreement.
This Subscriber Agreement, including Terms and Conditions of Service (“Agreement”), is a contract under which we agree to provide and you agree to accept our Products and Services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there may be other agreements including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction and any confirmation materials we may provide you. It is important that you carefully read ALL terms of this Agreement and any other agreement you sign or accept with us which is hereby incorporated into this Agreement.
3. Services Covered By This Agreement & Additional Terms.
This Agreement applies to our Services Plans and/or any other Service we offer you that references these Ts&Cs. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply for services provided by another company, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.
5. When You Accept The Agreement.
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following:
sign a contract with us on paper or electronically;
accept Agreement through an oral or electronic statement;
attempt to or in any way use the Services;
pay for the Services; or
open any package or start any program that says you are accepting the Agreement when doing so.
If you don’t want to accept the Agreement, don’t do any of these things.
6 . Our Right To Change The Agreement & Your Related Rights.
We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service.
7. Our Right To Suspend Or Terminate Services.
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to
harassing/threatening our employees or agents;
providing false information;
interfering with our operations;
using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable state or federal laws;
breaching the Agreement, including our Policies;
providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; or
if we believe the action protects our interests, any customer’s interests or our network.
8. Your Right To Terminate Services.
You can terminate Services at any time. We will not prorate charges for a partial month and you will not receive a credit or refund for any unused Services.
You agree not to, and you will not permit others to:
use our Services to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene; in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; to communicate any unsolicited message; to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or in any way prohibited by the terms of our Services, the Agreement or our Policies;
reproduce, copy , redistribute, sell, or other transfer of rights to our Software, or any components within our Software, name, any of our trademark, logo or other proprietary information;
access, use or interfere with any of our computer systems, any area of our software that is not part of ordinary use, or our providers’ technical delivery systems;
perform any vulnerability assessments, probes or tests on any of our system or network, or breach any of our authentication or security;
circumvent, disable or otherwise interfere with any technological measure implemented by Huggo Tracking or any of our providers or any other third party (including another user) to protect our Software;
modify the Software, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from all or any portion of the Software;
interfere or attempt to interfere with the proper functioning of the Services;
provide false or inaccurate information when registering an account;
utilize our Software for any competitive purposes;
conduct any benchmark testing on our Software;
use the Services for any unlawful purpose or in violation of any applicable law.
In the event of a violation of these Terms and Conditions, we have the right to investigate, and may consult and cooperate with law enforcement authorities to prosecute violators.
Subject to the exclusions contained below, we warrant our device (“Device”), and/or certified accessories sold for use to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. Customer’s sole and exclusive remedy under this warranty will be repair, or replacement with comparable new (or fully functional used) hardware as determined by us.
Except for the express limited warranty stated above, we disclaim all warranties with respect to the hardware, API, web application (including all updates, modifications or future additions) and its performance, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. We make no warranty that our hardware or software meets the requirements of Customer, or that the hardware and/or software will operate free of errors or uninterrupted or will function in Customer’s technology environment.
Customer acknowledges that Huggo Tracking will not be responsible for the accuracy of any sales tax or other tax determination by us or the failure by Customer to properly remit such taxes. During the term of this agreement, we will, however, exercise reasonable efforts in resolving any dispute with a governmental authority concerning such taxes. Customer hereby indemnifies and holds us harmless from and against any liability or loss from or relating to the service provided by Huggo Tracking and the products resulting from any tax, penalty, interest, additions to tax, surcharge, or other charge or expense payable or incurred by customer.
All Devices and Accessories shall be covered under this warranty in accordance with the table below. Coverage begins from the sign up date regardless of when the Device or Accessory is actually received and continues until one year.
*One year warranty valid as long as tracking service is purchased from HuggoTracking.com
Exclusions. The following are excluded from coverage under this warranty.
Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage.
Abuse & Misuse. Defects or damage that result from improper operation, improper installation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse.
Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than us, or its authorized service centers, are excluded from coverage.
Altered Products. Products or Accessories with
serial numbers or date tags that have been removed, altered or obliterated;
broken seals or that show evidence of tampering; or
mismatched board serial numbers.
Communication Services. Defects, damages, or the failure of Products, Accessories or Software due to any communication service or signal you may subscribe to or use with the Products, Accessories or Software is excluded from coverage.
Products which are returned to us under an RMA which have become damaged in transit or which have become damaged due to improper packaging.
Huggo Tracking shall not be responsible for installing Hardware in, or on, Customer’s asset(s). Customer shall be solely responsible for arranging for the Hardware to be installed in vehicles by authorized installers, and customer further acknowledges that installation of Hardware by a party not duly authorized and certified by One Step GPS, and said Hardware failure due to faulty installation, shall require the Customer to pay for authorized and certified installer to correct the problem, and possibly purchase a replacement Hardware, if needed, at Huggo Tracking’s full price.
Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
How to obtain warranty service. To obtain service, please contact us Additionally, to obtain service, you must include:
your account number;
a written description of the problem; and, most importantly;
your address and telephone number.
We will not be liable for costs of procurement of substitute products or services. We will not be liable for any loss of business, revenue or data; interruption of business; lost profits or goodwill; increased cost of operation; or other indirect, special, incidental, exemplary, reliance, punitive or consequential damages of any kind arising out of or under this Agreement, even if advised of the possibility of such loss.
11. Coverage; Where Your Device Will Work.
Services that rely on location information, such as GPS, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You understand and expressly agree to hold us harmless from any and all claims or damages that result from the Device not working, malfunctioning, or failing.
12. Our Service and Device Are Not Substitutes for Direct Supervision.
Our Service and Devices are not substitutes for responsible child care, adult care, or any other form of monitoring for a dependent person who may or may not need competent adult supervision, and should not be used as such. You agree to utilize all your best efforts to care for and tend to the dependents in your control. You may not utilize our service or device as a substitute for direct supervision and competent care. Our Device and Services may not function and in any situation is an ineffective substitute for adequate direct supervision and competent dependent care.
13. Activation & Miscellaneous Charges.
Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
14. Account & Service Charges; Pro-rating; Unused Services.
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the recurring charges, usage charges, taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you.
15. Your Bill.
Your bill provides you notice of your charges. It reflects recurring charges and usage/transaction specific charges. Your bill may also include other important information. Your bill will only be available via the internet. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
16. Your Payments; Late Fees; Overages.
Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other method at any time at our sole discretion.
17. Taxes & Government Fees.
You agree to pay all federal, state and local taxes, fees and other assessments that we’re required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions won’t be applied retroactively.
18. Disputing Charges.
You Must Still Pay Undisputed Charges. Any dispute to a charge on your bill must be made within 30 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us. We will work with you to resolve disputed charges. We may, at our sole discretion, adjust such disputed charges. You are responsible for payment of disputed charges that are judged to be resolved by us, regardless of whether any adjustment is granted. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
19. Payment Policy.
You agree to make payments on or before the day of the purchase in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in this Agreement. You are required to maintain valid credit card information on file for the processing of any applicable service fees. You hereby authorize us or our assigns or agents to charge your credit card a recurring fee for the pendency of your contract in the full amount of the bill owing. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account in a timely manner, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. You may edit your Payment Method by contacting us and asking for the Billing Department. At our sole discretion, we may use credit card issuer-approved services, such as Chase Account Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
We may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
21. Protecting Our Network & Service.
We can take any action to:
protect our network, our rights and interests, or the rights of others; or
optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications.
22. Your Privacy.
In the event that Feedback is provided, the party providing Feedback grants the receiving party a royalty-free, worldwide, non-exclusive, perpetual, license to use, modify, and distribute such Feedback in connection with the party’s offering without compensation or attribution of any kind.
24. Location Based Services.
25. If Your Device Is Lost or Stolen.
Call us immediately if your Device is lost or stolen for a replacement.
26. Disclaimer of Warranties.
We make no representations or warranties, express or implied, including (to the extent allowed by law) any implied warranty of merchantability, non-infringement or fitness for a particular purpose concerning your services (including your device). We do not promise uninterrupted or error-free services and do not authorize anyone to make warranties on our behalf.
27. You Agree That We Are Not Responsible For Certain Problems.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from:
anything done or not done by someone else;
providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.);
traffic or other accidents, or any health-related claims relating to our Services;
false messages sent while using our Services;
an interruption or failure in accessing or attempting to access emergency services from a Device;
interrupted, failed, or inaccurate location information services; or
things beyond our control, including acts of God, riot, strike, war, terrorism or government orders or acts.
unauthorized access to your Personal Information or Vehicle by hackers or others who have obtained such access through illegal measures.
28. You Agree Our Liability Is Limited – No Consequential Damages.
To the extent allowed by law, our liability for monetary damages for any claims you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, bodily harm, death, emotional distress, or cost of replacement products and services.
29. Dispute Resolution.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us. We will contact you by email, letter to your billing address or on your Device. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
“Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated – this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your email or address provided to us when you sign up for our service, and notice to us will be sent to the address provided in our contact page. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in Massachusetts. The federal or state law that applies to the Agreement will also apply during the arbitration.
We each agree not to pursue arbitration on a class-wide basis. We each agree that any arbitration will be solely between you and us and not brought on behalf of or together with another individual’s claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply.
We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
30. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof. No waiver or modification of this Agreement shall be binding upon either party unless made in writing and signed by both parties.
You agree to indemnify, defend and hold us harmless from any claims arising out of your actions including, but not limited to, failing to provide appropriate notices regarding location-sensitive services (see “Location Based Services” paragraph), or violating this Agreement, any applicable law or regulation or the rights of any third party.