TERMS OF SERVICE

1. Before using the SafeTREC service (“SafeTREC”), You must read and accept the following Agreement (the “Agreement”). The words “SafeTREC,” “we” or “us” refer to MobileTREC Corporation, its subsidiaries, affiliates and suppliers. The word “You” or “Your” refers to the individual customer subscribing to SafeTREC. If the customer subscribers to the service for use by others, provides access to the service by others, or otherwise allows other individuals to use the service, those individuals also are “users” and included in the term “You” or “Your” as used in this Service Agreement.MobileTREC may revise this Agreement at any time, with or without prior notice to you. You should visit this page from time to time to review the current Agreement for SafeTREC.
2. Payment You agree to pay all fees charged to your wireless account for SafeTREC. You will be charged such fees each month, even if you do not use SafeTREC. SAFETREC reserves the right to change the fees for SafeTREC at any time, upon prior notice to you. If you fail to pay the charges for SafeTREC when due, SAFETREC reserves the right to pursue any and all legal remedies to collect the amounts owed by you.
3. SafeTREC Registration, Activation, And Password Security By activating SafeTREC service, You acknowledge and agree that information concerning the location of Your device(s) may be disclosed to others as part of the service, and You further, agree to notify any users of Your device(s) concerning this disclosure of location information. You may modify certain aspects of SafeTREC, including when a user can be located and by whom via the options provided in the Location Privacy Settings which can be accessed by:
   1. Log into My Account by going to www.SafeTREC.com. If you haven’t already set up an account, you can do so at this time.
   2. Once in My Account, select My Profile and then go to the Location Privacy Settings tab.

   When You register for SafeTREC, You will be asked to provide a password, and by providing such, you agree to be responsible for all activities occurring under your account. You will also be responsible for keeping Your password secure. Keep Your account password confidential, do not use others’ accounts and do not let others use Your account. You are responsible for anything that happens through Your account – until You notify us of a breach by calling Customer Care, close down Your account or prove that Your account security was compromised due to a fault of our systems.You may use SafeTREC to request the best available location for the requested device. When You initialize SafeTREC for a device included on your account, SafeTREC will notify the user of the device via SMS text message that the device may be located by You. Thereafter, SafeTREC may send notices to such device informing the user that the device may be located.

4. Privacy and Consent To Data Collection. You expressly agree that You have no expectation of privacy when using SafeTREC as it relates to Your location. You authorize SAFETREC, to collect, use, and disclose geographic location and other personal information (including Your name, address, telephone number, account number, equipment identifiers, and Internet Protocol addresses) necessary to enable delivery of the SafeTREC service, which may include relevant advertising functions that are incidental and necessary to such delivery (e.g., invoicing). Your location information will be stored only as long as necessary to provide the SAFETREC SafeTREC service. The collection, use and disclosure of personal information under this Agreement is governed by SAFETREC’s privacy policy.
5. Safe and Lawful Use of SafeTREC. You agree not to use or permit others to use SafeTREC while driving a motor vehicle. You agree to use SafeTREC or the location information provided thereby only for lawful purposes, and You agree to comply with all applicable laws and rules and any additional terms that SAFETREC may incorporate into this Agreement. You agree that You will not misuse the SafeTREC service. You will be responsible for any costs incurred by SAFETREC or any other party (including attorneys fees) as a result of your misuse or fraudulent use of SafeTREC.Misuse or fraudulent use includes, but is not limited to,
   • Using SafeTREC in such a manner so as to interfere unreasonably with the use of SafeTREC by one or more other users or wireless customers or to interfere unreasonably with SAFETREC’s ability to provide SafeTREC;
   • Subscription fraud or unauthorized access;
   • Using SafeTREC to defame, harass, stalk, threaten or otherwise violate the legal rights of others.
   • Using SafeTREC to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials;
   • Using SafeTREC without permission on a stolen or lost device;
   • Attempting or assisting another to access, alter, or interfere with the communications and/or information about another user or wireless customer;
   • Tampering with or making an unauthorized connection to the network;
   • Reselling or re-billing the Services provided to you to any other individual or entity.
6. Limitation of Service You acknowledge and agree that SafeTREC provides an approximate location of the requested handset and does not provide guaranteed results. In order for SafeTREC to work, the wireless device on which the service is located must be turned on, charged and located within your cell phone providers coverage area, among other factors. Accuracy of the location information obtained via SafeTREC is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, you acknowledge the results You may obtain from SafeTREC, including but not limited to crime data, sex offender data,, maps, and requested locations or messaging, may not be accurate, timely or reliable. SAFETREC reserves the right to set limits on the use of SafeTREC at its discretion.
7. Suspension and Termination Without prejudice to any other rights, SAFETREC reserves the right to suspend and/or terminate Your access to SafeTREC at any time for any or no reason and without notice to You. You may terminate SafeTREC at any time by notifying SAFETREC via Your wireless device, SafeTREC Account online access, a phone call to SAFETREC or any other method specified by SAFETREC. Any such cancellation by You shall become effective upon SAFETREC’s receipt of your notice.Upon any termination of SafeTREC, SAFETREC shall have no liability to You or any further obligations under this Agreement.
8. Ownership SafeTREC, including any data, materials, technology, software or other materials that comprise it, is protected by copyright, trade secret and other intellectual property laws and treaties and all title and intellectual property rights in and to such are owned by and will remain the exclusive property of SAFETREC, its licensors and/or suppliers. All rights not expressly granted herein are reserved.
9. Grant of License Provided You comply with all terms and conditions of this Agreement, You are granted a revocable, limited, non-transferable and non-exclusive license to install and use the software necessary to access and use SafeTREC on Your mobile device, such as mobile phones, personal digital assistants or other digital electronic devices. You agree that SafeTREC is made available solely for your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by SAFETREC, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell any information, software, products or services obtained from SafeTREC. All rights in the SafeTREC not expressly granted under this Agreement are reserved to SAFETREC.
10. Restrictions You may not: (a) use SafeTREC in a manner inconsistent with or in violation of this Agreement; (b) reverse engineer, decompile, or disassemble any software program underlying the SafeTREC service (“Program”), in whole or part; except as expressly permitted by mandatory law; (d) remove or alter any copyright notices, proprietary information notices or restricted rights notices on any maps or other information provided as part of SafeTREC; (e) modify, translate, adapt, arrange, or create derivative works based on the Programs, in whole or part, for any purpose; (f) export the technology underlying the Programs in violation of applicable export control laws; (g) attempt to or actually override any security component of or related to SafeTREC; (h) interfere with, overload, “flood,” “crash” or disrupt SafeTREC, which may include but is in no way limited to, submitting, in any manner (i.e. manual or automated), an unreasonable number of location requests.
11. Representations and Warranties You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users who have access to SafeTREC. You also represent and warrant that Your use of SafeTREC will be solely for Your personal and lawful use and for no other purpose.
12. DISCLAIMER OF WARRANTIES To the maximum extent permitted by applicable law, SafeTREC provides to you SafeTREC as is and with all faults; SafeTREC/Its suppliers and your wireless service and equipment providers do not warrant uninterrupted use or operation of SafeTREC or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable amount of time. SafeTREC and Its suppliers  hereby disclaim all representations, warranties, and conditions, of any kind, whether express, implied or written, oral, contractual or statutory, including, but not limited to, any warranties, duties or conditions of or related to: Merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing or usage of trade. SafeTREC/Its suppliers do not warrant the accuracy or reliability of any data obtained through SafeTREC. You hereby further acknowledge and agree that you receive no warranty of any kind with regard to SafeTREC from your wireless service and equipment providers, Whether express, Implied or Written, Oral, Contractual, or Statutory, including, but not limited to, any warranties, duties or conditions of or related to: Merchantability, Fitness for a particular purpose, Title, Non-infringement, or Arising from a course of dealing or usage of trade, or regarding the accuracy or reliability of any data obtained through SafeTREC.
13. LIMITATION OF LIABILITY In no event shall SafeTREC or any of its suppliers or your wireless service and equipment providers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for: Loss of profits or revenues, loss of confidential or other information, business interruption, personal injury, loss of privacy, corruption or loss of data, failures to transmit or receive data or any other pecuniary loss whatsoever arising out of or in any way related to the use of or inability to use SafeTREC or otherwise in connection with any provision of this agreement, even if SafeTREC or its suppliers or your wireless service and equipment providers have been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct of general damages), the entire liability of SafeTREC and its suppliers under any provision of the agreement and your exclusive remedy for all of the foregoing shall be limited to recovery from SafeTREC of the amount actually paid by you for the SafeTREC service. You acknowledge and agree that such recovery shall be from SafeTREC only and, without limiting the foregoing, your wireless service and equipment providers shall have no liability to you whatsoever for any damages or other remedy in connection with the SafeTREC service. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. Indemnification As a condition of Your use of SafeTREC and with respect to third-party claims, You agree to indemnify, defend, and hold harmless SAFETREC, its parent, affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns and your wireless service and equipment providers from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) of any kind arising from Your use of SafeTREC or related software, or from or attributable to any breach by You of Your obligations established herein or any privacy, employee, or consumer protection right that is implicated herein and by SafeTREC. All indemnification duties shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of your customer relationship with SAFETREC. SAFETREC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
15. Notices By using SafeTREC, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with SafeTREC (collectively, “Notices”) in electronic format. SAFETREC may provide such Notices by posting them on SAFETREC’s website, by sending a free text message to your wireless device, or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of SafeTREC.
16. Miscellaneous This Agreement, including any addendum or amendment to this Agreement, are the entire agreement between You and SAFETREC relating to SafeTREC and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to SAFETREC or any other subject matter covered by this Agreement. To the extent the terms of any other SAFETREC agreements conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of SAFETREC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program, SafeTREC, support services or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action.
17. International Use Although this website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
18. Governing Law The laws of the state of Delaware, USA, will apply to all matters relating to these Terms of Service, the use of this website and/or services provided through this website, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the State of Delaware.