iGPS Watch Phone

TERMS OF SERVICE

 Effective Date: September 01, 2015

These terms of service (“Terms of Service”) govern your use of our wearable iGPS Watch device (“Devices”), the iGPS Watch website (the website will be www.iGPSWatch.com if needs to be disclosed) (“Site”) and the iGPS Watch mobile application (“App”) (collectively “iGPS Services”) as made available to you by iGPS Watch, Inc. (“we”, “us” and “our”). You must accept these Terms of Service to create an account with us and activate your Device or otherwise using any aspect of the Services.

By visiting our Site or App, or by creating an account with us, you agree to the provisions of these Terms of Service and our Privacy Policy, both incorporated into these Terms of Service.  If you do not agree to these Terms of Service, please exit the Site or App and do not create an account or activate your Device.

Modification

We may, from time to time, change these Terms of Service by adding, modifying or deleting any term or condition. We will provide notice to you regarding any material changes made to these Terms of Service via either our Site or the App or by otherwise notifying you of such change. Any addition, modification or deletion will be effective upon posting to the Site or App. If you do not agree to such change you may terminate your account as described below. Any use of the Site or App following such change constitutes your agreement to the change. Online modifications and amendments supersede any printed version/copy of these policies, terms and conditions.

Limitations on Services

Our Devices and related iGPS Services are intended to be used by parents or legal guardians to track, monitor and otherwise stay connected to their children. You will be required to provide us assurances and certification that you are the parent or legal guardian of the child registered to the Device and to ensure that we have your consent and permission to collect information from and about the child wearing the Device. We may immediately deactivate a Device and/or terminate any account tied to such Device (as set forth below) in the event we have reason to believe you have provided us any false or fraudulent information or are otherwise misusing the Device or Services.

The Device is not intended to be a security or emergency system and our Services are not intended to be 100% accurate or guaranteed. Our Devices are designed to work with certain networks and mobile connects, such as cellular networks, mobile hotspots, GPS, and Bluetooth. We cannot ensure that the Device will always have a connection available and therefore cannot guarantee that any data collected from the Device will be accurate or available. You should always use proper safety and security precautions with your child. Neither this Device nor any Services we may provide replace your legal and other obligations for the safety and welfare of your child.

The Device is not compatible with any 911 service or any similar emergency telephone number systems as the Device can only communicate with certain telephone numbers preset into the Device via the App or Site. Calls may not be placed from the Device to any emergency service personnel.

You may use your Device solely for your child for whom you are the parent or legal guardian and may not use the Service for any other purpose.

Devices

In order to use the iGPS Services offered by the Device and your account, you must have access to adequate computer hardware and software products and Internet access. Your Device’s settings are configured through the App or Site. Additional information is set out in your Device Owner Manual available online at www.iGPSWatch.com/manuals. The Device is not compatible with any telecommunications accessibility features or services to facilitate access by those who are hearing impaired (such as TTY) or may otherwise have other physical or mental challenges or different abilities.

Registration and Account

Full use of the Device requires that you download the App or login using a PC and create an account. Use of the App is subject to the App End User License Agreement made available to you when you download the App. Use of any portion of the iGPS Services from your mobile device may incur access or data fees or charges from your third party carrier.

In order to create an account, you will need to provide us with your email address and a password, as well as other information as discussed in our Privacy Policy. To create an account, you must (a) be a United States resident and at least 18 years of age and otherwise be able to enter into a legally binding contract, (b) complete our enrollment process, and (c) agree to these Terms of Service. You may not provide fraudulent information as part of the registration process and may only provide information applicable to you and your child. You may not impersonate any third party in registering with or using our Service.

It is your responsibility to keep your password safe at all times. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your password and other information secure. Your account is personal to you and may not be used or shared with any third party.

We provide you information about the iGPS Services by posting such information on our Site and on the App. We may provide information or notices to you by other means, including email, but we are not required to do so. You may request paper copies of information posted on our Site by contacting us using the contact information below.

Cancellation and Terminating your Account

You may terminate your account at any time by contacting us at CustomerService@iGPSWatch.com or toll-free 1-800-723-4955. If you choose to do so, any information about your use of the Services will be deleted.

We may cancel these Terms of Service at any time, with or without cause, by providing you notice. We also may cancel these Terms of Service, or suspend your participation in the Services, immediately and without notice if we reasonably determine (i) you have breached these Terms of Service, (ii) you have provided us any false or misleading information, or (iii) you have engaged in behavior we deem to be abusive to us, our employees, or to other users of the Services.

Cellular Calling

The cellular calling feature of the Device is implemented through our commercial relationship with Data2Go. . In the event you elect to activate the cellular calling feature of the Device you will be using the T-Mobile cellular network. The Device does not work with any 911 or similar emergency services systems. The Device may be programmed with up to 10numbers through either the App or the Service, which may not include any 911 service.

Privacy

The iGPS Watch Privacy Policy is expressly made a part of these Terms of Service. By using the iGPS Services and activating the Device you are consenting to our collection and use of your personal information as well as the information and movements of your child registered to the Device. Please see our Privacy Policy for additional information.

Intellectual Property Rights

You acknowledge that Site and App and all content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site or App, together with any technology and software embedded on the Device, are our sole and exclusive property (or that of our third party licensors) and are protected by copyright, trademark, service mark, trade secret, trade dress, patent and other intellectual property laws, as applicable. You acquire no right, title or interest in App, Site, iGPS Services, or Device embedded technology or any copyrighted works, trademarks or any other intellectual property except the limited license to use the same in the context of a Device that and pursuant to these Terms.

If you provide us any feedback, suggestions, solutions, improvements, corrections or other contributions regarding the iGPS Services (or any component of the Services), you are granting us a right to use such feedback without attribution to you or the payment of any fees to you.

Prohibited Uses

Nothing in these Terms may be construed as granting you any other right in the iGPS Services (or any component of the Services) outside of your ownership of the physical Device (excluding any embedded software or technology) and the limited license to access the iGPS Services as contemplated in these Terms and the limited license to download and use the App as set forth in any App End User License Agreement. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from the Services or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through the iGPS Services, or post or submit information containing viruses, or any computer programs that result or may result in the damage, interference with or interception or expropriation of the iGPS Services, or any related system, software, hardware, data or other information. You may not use any robot, spider or other automatic device or manual process to monitor or copy Site web pages or any content contained on or available through the Services.

Use of the iGPS Services is solely for you as the parent and legal guardian of the child registered with the Device. You may not use the iGPS Services (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) in a racially, ethnically or otherwise impermissibly discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite or otherwise solicit illegal activity, or (viii) in any manner that infringes upon the rights of any individual or other person, including, but not limited to intellectual property, publicity or privacy rights.

We may, but shall have no obligation to, access and review all information and data provided by you for compliance with these Terms or otherwise as set forth in the applicable Privacy Policy.

Device Warranty

The Device comes with a limited warranty as set forth on our warranty page.

Disclaimer of Warranties

THE APP, SITE AND services are provided “as is”. to the maximum extent permitted by law, we disclaim any express or implied warranties with respect to the services, including any implied warranties of merchantability AND fitness for a particular purpose AND ANY WARRANTY THAT THE SERVICES ARE OF A REASONABLY ACCEPTABLE QUALITY and any warranties arising from a course of dealing or usage in trade.

WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limit on Liability

We will not be liable to you or any other person for any direct, indirect, special, incidental, contingent, consequential, reliance or special damages including lost profits, loss of data, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with thESE TERMS OF SERVICE or THE SERVICES, whether or not we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth in this paragraph may not apply to you.

Indemnity

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your (i) alleged violation of these Terms of Service, (ii) your use of the iGPS Services, or (iii) your alleged infringement of any intellectual property or other right or policy of us or any person.

Mandatory Arbitration

Any claim, dispute, or controversy arising from or relating to the Services or these Terms or the relationships which result from these Terms (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim”), will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, we may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages or other similar requirement.

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

You must assert any claim against us within one (1) year from the date such claim first arose or such claim is waived.

Additional Terms

If any part of these Terms of Service are unenforceable, such part will not make any other part of these Terms of Service unenforceable.

You may not assign your rights under these Terms of Service or in the Services without our prior written consent. Your account is not transferable.

Any waiver by us of our rights under these Terms of Service must be in writing and signed by us. A waiver of a right by us in one instance will not limit our ability to enforce the right in another instance.

These Terms of Service, and the relationship between you and us, shall be governed by the laws of the State of Florida, without regard to choice of law principles.

These Terms of Service, together with the Privacy Policy, are the entire agreement that relates to your use of the iGPS Services and supersedes any other agreement governing the same.

Contact Us

If you have any other questions or concerns regarding these Terms of Service, please contact us at:

iGPS Watch
8660 College Pkwy Suite 160
Fort Myers, FL 33919