GPS.cards is a division of ElectroFlip LLC, the parent company.
UNDERSTAND THE PRODUCT AND OFFER PRIOR TO PURCHASING. WE STRONGLY ADVISE THAT YOU READ BOTH THE TRACKING AND WEBSITE TERMS AND CONDITIONS.
DO NOT USE THE SOFTWARE OR SERVICE OR PRODUCT UNTIL YOU HAVE CAREFULLY READ THE TERMS OF THIS END USER LICENSE AGREEMENT AND TERMS OF SERVICE. BY DOWNLOADING, USING OR INSTALLING THE SOFTWARE OR PRODUCT, YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE SOFTWARE OR SERVICE OR PRODUCT AND, IF APPLICABLE, PROMPTLY RETURN IT TO PACE OF PURCHASE FOR A REFUND IF APPLICABLE.
This End User License Agreement and Terms of Service (“Agreement”) is a binding agreement between ElectroFlip LLC, GPS.cards on behalf of itself and as agent for ElectroFlip LLC ( “GPS.cards” the “Company,” “we,” “our,” or “us”), and the account holder or user of record (“End User” or “you” or “Licensee”).
This Agreement includes terms and conditions for use of the GPS.cards GPS Tracker (the “Sim card or gps card”) and its features and applications (each a “Service,” and together the “Services”), including without limitation warranties, limits of liability, and other important matters; the terms and conditions of your use of the software and technology embedded in the SIM card or GPS card (the “Software”); and pertinent provisions on our website or in our product packaging. Please visit our website https://gps.cards/ for more information.
By using, accessing or ordering products from this Website, you hereby agree to all of the following terms.
Service Items & Subscriptions
Purchase of an item which requires a service plan (including, but not limited to: ,SIM cards, GPS cards, GPS trackers, GPS tracking services, and Alarm services) constitutes agreement to pay for any recurring service fees required for the service on the sim card or gps card. GPS.cards ships all items active with a service subscription, which bills every month, or annually based on purchase date, unless otherwise stated on the product page for the SIM card or GPS card or service. Other payment schedules are available by calling and speaking to our sales team. All subscriptions will auto-renew at the end of your paid period of service.
Service will be automatically charged to the credit card used for the purchase of the product or service. By providing us with this card for your order you are authorizing us to charge it for the services and all amounts due. The credit card provided on your order will be set as the default card for billing on your account unless you provide us with an alternate credit card for payment of services, which can be done by calling our customer support team. GPS.cards reserves the right to charge service to any other credit card listed on your account in the event that the default card declines for any owed service fees. If we are unable to successfully charge you for service fees on your account GPS.cards may terminate your service without notice.
All deactivation of service requests must be made by phone by contacting our customer support team. Only the account holder listed on the account is authorized to terminate service and GPS.cards reserves the right to deny a service cancellation request made by any other party on behalf of the account holder. All service fees, monthly, annually charges, and prepaid amounts, are non-refundable and will not be prorated. Service will be terminated at the end of your current billing period that you are in at the time you submit your request to us.
By purchasing this SIM card or GPS card or service you accept full responsibility for notifying GPS.cards of any changes you wish to be made to your service and that you must notify GPS.cards as per the instructions above to deactivate service if you wish to stop the recurring billing for your account. If you do not request to terminate service you will continue to be billed regardless of if the SIM card or GPS card is being used as GPS.cards incurs costs for keeping your account active even if the SIM card or GPS card itself is not actively being used.
GPS.cards Platform & Telecom Data Service:
Though you cannot choose your own cellular carrier, the coverage associated with the GPS.cards Platform will be from a top-tier wireless carrier in your region. There are no data overage fees. Your service will be billed monthly or annually to your credit or debit card. The monthly or annual rate automatically adds in any applicable federal and state telecommunications taxes.
All tracking service includes mobile app alerts and email alerts when the SIM card or GPS card leaves a geographic area you’ve specified. This area is termed a perimeter fence. The GPS.cards platform overlays its tracking data on Google Maps. The maps displayed on your computer or mobile screen will show the locations of your tracker or trackers and their speeds over time. You’ll be able to view a variety of custom reports based on your devices’ tracking data. GPS.cards will store your tracking data for 7 days, 30 days, 60 days, 90 days, or 1 year depending on your service selection.
Each SIM card or GPS card active on GPS.cards platform can be tracked from GPS.cards software running on more than one computer or mobile SIM card or GPS card at the same time if the account holder shares login and password information with another user.
IMPORTANT: Use of a GPS tracking sim card or gps card, related tracking service, and related software are subject to various laws, ordinances and regulations, which may vary from state to state. Please consult with an attorney regarding such laws if you have any questions.
I agree that I am over 18 and shall be responsible for all use of this SIM card or GPS card and service, and I shall, and any and all users of the SIM card or GPS card and service that I am activating shall, at all times comply with all federal, state and local, or foreign, if applicable, laws, ordinances, regulations, and orders concerning the proper and legal use of the SIM card or GPS card and GPS service and related software and information. I understand that this SIM card or GPS card and service is not for critical, safety, or life-threatening situations. I shall indemnify and hold harmless GPS.cards and ElectroFlip LLC and its employees, contactors, owners, managing members, officers, agents, affiliates, resellers, marketplaces, retailers, successors and assigns, in connection with any breach or alleged breach of the foregoing.
Your GPS Device will communicate with a SIM card or GPS card and will share your data information with GPS.cards GPS platform and its software.
When your GPS device is turned ON, and irrespective of the installation of any application or software on your mobile device or computer, the GPS device is constantly collecting and transmitting geographical location data to GPS.cards, ElectroFlip LLC, their partners and/or affiliates. If you do not want your GPS device location tracked or transmitted by the GPS device, do NOT turn ON the GPS device.
1. Use of the Company Websites and Mobile apps:
The Company Websites and Mobile apps contain links to other websites, resources and advertisers. Company is not responsible for the availability of these external websites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external websites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external website’s administrator or webmaster.
2. Disclaimer of Warranty; Limitation of Liability:
Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Company websites, nor for any offensive, defamatory or obscene posting made. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through the content on the Company websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Company websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
GPS.cards and ElectroFlip LLC the parent company are not responsible for misuse or illegal use of its GPS platform, software, service, sim card, gps card, and products.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Nevada, excluding its conflict of law provisions. Venue for any matter arising from or related to this Agreement shall exist solely and exclusively in Nevada and the parties hereby submit to the personal jurisdiction of the state and federal courts sitting in the Nevada district of appeals.
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal. No waiver of or by the Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, viral epidemic, viral pandemic, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay the Company’s performance.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the website and your ordering and use of the products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. The Company reserves the right to change any of the provisions listed herein and you agree to review these Terms and Conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to this document.
Unless accepted by the Company in writing, these Tracking Terms and Conditions may not be amended by you.
INVESTIGATIONS AND PROCEEDINGS:
GPS.cards, ElectroFlip LLC the parent company may use Information to conduct internal investigations. GPS.cards, ElectroFlip LLC the parent company may disclose Information to cooperate with an investigation by law enforcement agencies or other governmental authorities and may also disclose Information in response to a subpoena, warrant, court order, or other comparable legal processes.
Conditions of Use, Notices, and Revisions
1. LICENSE GRANT:
(a) Subject to the terms of this Agreement, GPS.cards, for itself and as agent for ElectroFlip LLC, grants you a limited, non-exclusive and nontransferable license to use the Software in the normal operation of the sim card or gps card. Title, ownership rights, and intellectual property rights in and to the Software remain in GPS.cards and ElectroFlip LLC You acknowledge that the Software is the property of GPS.cards and ElectroFlip LLC and is protected under the United States of America copyright laws and international copyright treaties. You further acknowledge that the structure, organization, and code of the Software are valuable trade secrets of GPS.cards and ElectroFlip LLC and that the Software in source code form remains a valuable trade secret of GPS.cards and ElectroFlip LLC.
(b) You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. GPS.cards and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
2. LICENSE RESTRICTIONS
You shall not:
(a) copy the Software, except as expressly permitted by this license for your own personal use;
(b) use the SIM card or GPS card or Services for any commercial purpose without the prior written consent of GPS.cards;
(c) Legal use only permitted. You acknowledge and understand that it is impossible for us to provide you with legal advice as to the legal use of the SIM card or GPS card or Services because we are neither lawyers nor familiar with the specific laws in your area. Laws vary from place to place and you must consult a local attorney regarding the legal consequences of the intended use of the SIM card or GPS card or Services. You must not use the SIM card or GPS card or Services in any way that violates or encourages or facilitates the violation of these laws, include but not limited to: (i) violates, exploits, or harms, or attempts to violate, exploit, or harm, the legal rights (including the rights of publicity and privacy) of any person or third party; (ii) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (iii) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or third party; (iv) stalks, harasses, intimidates, or harms any person or third party; (v) tracks any person or third party without their explicit consent; or (vi) could give rise to any civil or criminal liability under any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;
(d) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
(e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(f) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the SIM card or GPS card or Software, including any copy thereof;
(g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software or any features or functionality of the Software, to any third party for any reason, including by making the Software available on a network where it is capable of being accessed by more than one SIM card or GPS card at any time;
(h) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software;
(i) use the Software in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments; or
(j) export or re-export the SIM card or GPS card or Software to any country in violation of the export control laws of the United States.
ElectroFlip LLC may from time to time in its sole discretion develop and provide software and firmware updates, which may include updates, enhancements, changes, modifications, additional functionality, upgrades, bug fixes, patches and error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that GPS.cards and ElectroFlip LLC have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. The SIM card or GPS card will automatically download and install all available Updates. All Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement. You hereby consent to the foregoing and release GPS.cards and ElectroFlip LLC and their respective affiliates and partners from any and all liability arising from such action.
4. OTHER LICENSE AND PRODUCT LIMITATIONS
(a) Certain functions of the SIM card or GPS card will only operate if an airtime agreement has been activated with the network service provider that has been contracted separately to provide network service to End Users. Network service may initially be activated by activating the SIM card and paying the SIM card plan. The SIM card plan starts from one month plan to one year plan. After the network service period expires, network service will be deactivated and the SIM card or GPS card will not function unless End User reactivates network service by renewing the “SIM card plan.”
The following terms and conditions will apply to the network service:
The purchase of the SIM card or GPS card does not create a contractual relationship with the underlying network service provider. You are not a third party beneficiary of any agreement between GPS.cards and ElectroFlip LLC and any third party for network service. In any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy for claims arising in any way in connection with this Agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided hereunder, is limited to payment of damages in an amount not to exceed the amount paid by GPS.cards and ElectroFlip LLC for the network service during the one-month period preceding the date the claim arose.
You agree to indemnify and hold harmless GPS.cards and ElectroFlip LLC, their partners and/or affiliates, and any third party network service provider, and their respective officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, or any property damage, personal injury or death, arising in any way, directly or indirectly, in connection with this Agreement or the use, failure to use, or inability to use the SIM card or GPS card except where the claims result from gross negligence or willful misconduct. This indemnity will survive the termination of the Agreement.
You have no property right in any number or other identifier assigned to the SIM card or GPS card and understands that any such identifier can be changed from time to time. You understand that GPS.cards and ElectroFlip LLC cannot guaranty the security of network transmissions, and will not be liable for any lack of security relating to the use of the Services.
The Service is for your personal use only and you may not resell the Service to any other party.
You understand and agree that neither GPS.cards or ElectroFlip LLC, their respective partners and/or affiliates, nor the network service provider guarantees any end user uninterrupted service or coverage. Neither GPS.cards, its partners and/or affiliates, nor the network service provider warrant that end users can or will be located using the Service. GPS.cards and ElectroFlip LLC, their partners and/or affiliates, and the network service provider make no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, or performance regarding any services or goods, and in no event shall GPS.cards or ElectroFlip LLC, their partners and/ or affiliates or the network service provider be liable, for any: (i) act or omission of a third party including, but not limited to, intentional or negligent acts of third parties that damage or impair the network or disrupt service; (ii) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through the underlying network service provider; (iii) damage or injury caused by suspension or termination of the Services by the network service provider; or (iv) damage or injury caused by a failure or delay in connecting a call to any entity, including 911 or any other emergency service. To the full extent allowed by law, you release, indemnify, and hold GPS.cards, ElectroFlip LLC,their partners and/ or affiliates and the network service provider each harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, services provided by the underlying network service provider or any person’s use thereof.
(b) Neither GPS.cards, ElectroFlip LLC,their partners and/or affiliates, nor the underlying network service provider, guarantees network availability. Services may be subject to certain SIM card or GPS card and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. Actual network speeds depend upon SIM card or GPS card characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as GPS and SIM card or GPS card ID, depend on your Sim card or gps card’s ability to acquire satellite signals (which may not be 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, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. The SIM card or GPS card performs inconsistently in dense urban areas. In addition, some areas may be equipped with cell phone inhibitors that interfere with all cellular communications. The SIM card or GPS card will not work, and Services will not work, under such circumstances. You understand and agree to such technical limitations and expressly agree to indemnify and hold GPS.cards, ElectroFlip LLC,their partners, and its affiliates harmless from any and all injuries that result from the SIM card or GPS card or Services not working, malfunctioning, or failing except as specifically provided herein.
(d) The SIM card or GPS card is intended for use as a location sim card or gps card. However, the Services are not a failsafe security system. The use of location tracking is not suitable for emergency situations and should not be relied upon during such times. GPS.cards, ElectroFlip LLC,their respective partners, and/or affiliates are not liable for any reliance place by you on the SIM card or GPS card being available for emergency situations. Also, the SIM card or GPS card is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts, or similar features for those with certain disabilities.
(e) Refunds and exchanges of the SIM card or GPS card or Services are governed by GPS.cards’s Return Policy, which may be found at: https://gps.cards/contact-us.
5. LOCATION BASED SERVICES/PRIVACY
When your GPS device is turned on, the SIM card or GPS card is constantly collecting and transmitting geo-location data to GPS.cards, ElectroFlip LLC,their partners and/or affiliates. The location based nature of the SIM card or GPS card and the Services are an integral part of the operational aspect of the Sim card or gps card, and we must be permitted to communicate with your GPS device. This requires the collection, use, and sharing, or among other things, the precise coordinate data, including real time geographic location of your SIM card or GPS card with our affiliates, partners, manufacturers, and network service providers.
You expressly agree by turning on your GPS device and using the SIM card or GPS card that you authorize GPS.cards and ElectroFlip LLC to collect, transmit, store, and use geo-location data to receive the benefits of your GPS device, SIM card, and GPS card. You may, at any time, turn off your GPS device or remove your SIM card or GPS card, which will cease all location tracking and transmission. If you turn off your GPS device, you will not be able to receive the benefit of the SIM card or GPS card and service offering.
You acknowledge that we are legally obligated to provide information and documentation about your account pursuant to any legal process, such as a court order, a subpoena, other civil discovery, a criminal or administrative warrant. It is our policy to notify you before any data is disclosed, however, as privacy and other relevant laws vary from place to place, and you must consult a local attorney if you have any questions regarding your rights in these matters.
6. GEOGRAPHIC RESTRICTIONS
The SIM card or GPS card is intended for use within the United States and other select countries. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you use the SIM card or GPS card and/or Services from outside the United States, you explicitly accept that your information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws in your country. You are responsible for compliance with the laws of your jurisdiction. You agree not to use the SIM card or GPS card or Services from a territory that is embargoed by the United States or from which it is illegal to receive products or services from the United States. You also agree to ensure that the Service is not accessed or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
7. TERM AND TERMINATION.
(a) The term of this Agreement commences when you purchase the SIM card or GPS card and will continue in effect until terminated by you or Company as set forth in this section.
(b) You may terminate this Agreement by returning the SIM card or GPS card pursuant to GPS.cards’s Return Policy, https://gps.cards/contact-us.
(c) GPS.cards may interrupt or terminate this Agreement or the Services at any time, at its sole discretion, immediately and without notice, if it ceases to support the Sim card or gps card, Services, or GPS.cards App, if the Sim card or gps card, Services, or GPS.cards App are discontinued, or for any other reason, including but not limited to: (i) an emergency or security breach; (ii) any conduct that GPS.cards believes violates or breaches this Agreement; (iii) any conduct that GPS.cards believes violates any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including client confidentiality, data protection, and intellectual property laws; (iv) if GPS.cards believes that the SIM card or GPS card is stolen or being used by any person that is not you; (v) if you exceed the data or message amount of your SIM card plan ; (vi) if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives; (vi) if we discover that you are under the age of eighteen; (viii) if we have reasonable cause to believe that your SIM card or GPS card is being used for an unlawful purpose or in a way that is harmful to, interferes with, or may adversely affect our provision of the Services, interferes with the use or enjoyment of Services received by others, or infringes intellectual property rights; (ix) results in the publication of threatening or offensive material; (x) constitutes a security risk or a violation of privacy; (xi) if a SIM card or GPS card is modified from its manufacturer specifications or altered mechanically in any way that is not intended by this Agreement; or (xii) if GPS.cards believes that the action protects its interests or the interests of other users of the Services. Any illegal use of the SIM card or GPS card or Services will result in an automatic termination of this Agreement.
(d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Sim card or gps card, Service at GPS.cards App and track.gps.cards, and delete all copies of the GPS.cards App from your mobile SIM card or GPS card and your account at track.gps.cards.
(e) You agree that GPS.cards will not be liable to you or to any third-party for any interruption, modification, suspension, or discontinuance of the Services. Termination of this Agreement or the Services shall not limit any of GPS.cards’s rights or remedies at law or in equity.
8. DISCLAIMER OF WARRANTIES
The SIM card or GPS card and Software are provided to licensee “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, company, on its own behalf and on behalf of its affiliates and its partners, and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the SIM card or GPS card and Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. without limitation to the foregoing, company provides no warranty or undertaking, and makes no representation of any kind that the SIM card or GPS card of Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, be completely secure, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected, including, without limitation the content and any errors contained that are provided by third parties.
GPS.cards and ElectroFlip LLC, on their own behalf and on behalf of their affiliates and its partners, disclaim all liability for, or warranties from, the content, privacy policies, or practices of third party services or products used in connection with the SIM card or GPS card or Services, such as your wireless carrier or app store/platform provider or SIM card or GPS card manufacturer, and further disclaim all liability for, or warranties in connection with, any loss or damage to you or your property.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will GPS.cards or ElectroFlip LLC or their affiliates or their partners, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the SIM card or GPS card or the content and Services for:
(a) loss of personal property, including without limitation, vehicles or other transportation tools;
(b) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, lost profits, lost data, lost opportunities, costs of cover, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; or
(c) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the SIM card or GPS card or Services. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), strict liability, or other legal or equitable theory and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. If any part of these warranty disclaimers (Section 8) or limitations of liability (Section 9) is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of the amount paid by you to purchase the SIM card or GPS card from an authorized seller.
You agree to indemnify, defend and hold harmless GPS.cards, ElectroFlip LLC,and their respective partners, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your misuse of the SIM card or GPS card or Services; (b) your breach of this Agreement; or (c) a violation by you of any applicable law or regulation, or agreement or obligation to a third party.
11. EXPORT REGULATION
The SIM card or GPS card and Software may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the SIM card or GPS card or Software to, or make the SIM card or GPS card or Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the SIM card or GPS card and Software available outside the United States.
12. UNITED STATES GOVERNMENT RIGHTS
The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the United States Government or any contractor therefor, you receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. You waive any and all objections to the exercise of jurisdiction over you by forums in Nevada. Notwithstanding the arbitration section below, GPS.cards or ElectroFlip LLC may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to GPS.cards or ElectroFlip LLC
15. LIMITATION OF TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to this Agreement or the SIM card or GPS card or Software must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
To the extent allowed by law, and except as set forth in section 14 above, we each waive any right institute a lawsuit in court and to trial before a judge or jury in any lawsuit, arbitration, or other proceeding.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Agreement, the Sim card or gps card, the Services (including any network service) and your usage of the Sim card or gps card. This includes the determination of arbitrability. The arbitration will be conducted before a single arbitrator located in Nevada. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GPS.cards or ElectroFlip LLC will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined on consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against GPS.cards or ElectroFlip LLC in violation of this paragraph, you agree to pay GPS.cards and ElectroFlip LLC reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
17. ENTIRE AGREEMENT
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
19. CHANGES TO THIS AGREEMENT
The provisions of this Agreement may be changed at any time without prior notice. We will make such changes by posting them on https://gps.cards . You should check for such changes frequently. Your use of the SIM card or GPS card or Services after such changes shall demonstrate your acceptance of those changes.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Questions and requests regarding this Agreement may be directed to the following email address: firstname.lastname@example.org
Updated: April 6th, 2020