By registering your DroneMobile product and/or purchasing a DroneMobile subscription plan, you agree to the following terms and conditions set by Firstech, LLC.
Effective June 28th, 2011
1. Acceptance of Terms:
The Service provided to you is subject to the following Terms and Conditions (“T&C”). Firstech, LLC may change or update the T&C from time to time without notice. Firstech, LLC provides this Service to you upon acceptance of these T&C. Your activation of Drone Service signifies your agreement to be bound by these T&C. In addition, when using Firstech, LLC provided Services, you are subject to any posted guidelines or rules applicable to such Services that may be posted from time to time. Firstech, LLC may update, amend, alter, or modify the T&C in the future and you agree that Firstech, LLC may make changes to the T&C at any time and for any reason at its sole discretion.
2. Description of Service(s):
In consideration of Service use fees, the Service allows users to: (i) locate; (ii) control; and (iii) receive notifications about vehicles that have been fitted with particular service compatible devices (the “Service”). Unless explicitly stated otherwise, any new features that augments or enhances the Service, including the release of new Firstech, LLC services, shall be subject to the T&C. Text message and web communications provide the link between the vehicle and the network and may be subject to delays caused by, but not limited to, message traffic volume, weather conditions, scheduled and non-scheduled maintenance and priority transmission, of which Firstech, LLC has no control and will not be held liable for.
In order to use the Service, you or the third-party who sold you your Firstech, LLC enabled device must pay Service use fees (some products include the applicable fees in their sales price) in order for you to register for the Service. Service fees are pre-paid for set terms (monthly, 1-year, 2-year, and 3-year terms) and your cancellation prior to the end of a term will NOT entitle you to a refund of any pre-paid fees. Service being renewed after the expired term is subject to a re-activation fee.
Firstech, LLC Drone products and Firstech, LLC Service are mutually exclusive in their respective functions and activities and as such do not affect the customer’s financial responsibility to make payments for Firstech, LLC Drone product and/or Firstech, LLC Service.
When deemed necessary and/or at Firstech, LLC’sdiscretion, may update the firmware of your DroneMobile Module, to ensure proper operation and/or to support added features.
The Service is not available everywhere and may be subject to signal limitations based on topography, buildings and atmospheric conditions. To the extent such limitations occur, Firstech, LLC will not be responsible for any resulting interruption in the Service or for any damages whatsoever.
You must have access to the Internet and/or a smartphone to use, or access, all of the features of the Service. You are responsible for paying any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web. It is strongly suggested that you choose the data and text messaging plan(s) from your cellular Service supplier that affords you the most usage for the most economical price.
Firstech, LLC Drone products and/or Firstech, LLC Services provide vehicle location features, but are no substitute for a comprehensive vehicle insurance policy. THIS SERVICE IN NO WAY IS A REPLACEMENT FOR AUTOMOBILE INSURANCE.
3. Your Registration Obligations:
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Drone Quick Start Card; (b) maintain and promptly update the registration data to keep it true, accurate, current and complete; and (c) if applicable, provide appropriate notification messages for any event notifications that you set-up on the Service. If you provide information that is untrue, inaccurate, not current or incomplete, or Firstech, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Firstech, LLC has the right to suspend your account and refuse any and all current or future use of the Service (or any portion thereof) until such time as your registration data can be verified.
5. Member Account, Password & Security:
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You understand that a person or entity with knowledge of your password and account may be able to track and/or control your assets connected to the Service. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you are aware of, understands, and complies with these T&C and all other rules, policies, or notices published by Firstech, LLC You agree to (a) immediately notify Firstech, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Firstech, LLC cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with this Section.
6. Member Conduct:
You agree not to use the Firstech, LLC Drone Service to:
Firstech, LLC and its designees shall have the right (but not the obligation)in their sole discretion to refuse or remove any notification messages available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any content posted by you. You acknowledge that you may not rely on anycontent created by Firstech, LLC or submitted to the Service.
You acknowledge and agree that Firstech, LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any content violates therights of third-parties; or (d) protect the rights, property, or personal safety of Firstech, LLC, its users and the public.
You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets vehicles, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. No Resale of Service:
You agree not to reproduce, duplicate, copy, sell, resell or exploit for commercial purposes, any portion of the Service, use of the Service, or access to the Service, without the sole written consent of Firstech, LLC.
8. General Practices Regarding Use & Storage:
You acknowledge that Firstech, LLC may establish general practices and limits concerning use of the Service, including without limitation, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Also, customers with the “Basic Plan” of service may be required to upgrade their service to the “Premium Plan” if they are found to use the service in excess of 70KB per month for three consecutive months. Use exceeding 70KB is considered excessive use or for commercial applications and will be subject to an upgrade to a higher usage plan, deemed “Premium Plan”. In the rare event that customers exceed “Premium Plan” usage rates, Firstech, LLC reserves the right to charge the customer for additional usage. If the customer does not upgrade and or pay for additional service, service may be suspended at the discretion of Firstech, LLC. You agree that Firstech, LLC has no responsibility or liability for the deletion or failure to store any notifications and other communications or other content maintained or transmitted by the Service. You acknowledge that Firstech, LLC reserves the right to log off accounts for which Service use fees are not timely paid. You further acknowledge that Firstech, LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Modifications to Service:
Firstech, LLC reserves the right at any time and from time to time to modify or temporarily suspend the Service (or any part thereof) with or without notice. You agree that Firstech, LLC shall not be liable to you or to any third party for any modification or suspension of the Service.
You agree that Firstech, LLC, at its sole discretion, may terminate your password,account (or any part thereof) or use of the Service, and remove and discard any content within the Service, if Service use fees are not timely paid or if Firstech, LLC believes that you have violated or acted inconsistently with the letter or spirit of the T&C. You agree that any termination of your access to the Service under any provision of this T&C may be affected without prior notice, and acknowledge and agree that Firstech, LLC may immediately deactivate or deleteyour account and all related information and files in your account and/or bar anyfurther access to such files or the Service. Further, you agree that Firstech, LLC shall not be liable to you or any third-party for any termination of your access to the Service according to the T&C.
11. Dealings with Advertisers:
Your correspondence or business dealings with, or participation in promotions of,advertisers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Firstech, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other Internet and/or mobile sites or resources. Firstech, LLC has no control over such sites and resources, you acknowledge and agree that Firstech, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Firstech, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.
13. Firstech, LLC.'s Proprietary Rights:
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Firstech, LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
14. Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. Your warranty covers up to One year from original date of purchase. You must register online at https://www.dronemobile.com/warranty/ within Ten (10) days of purchase.
B. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRSTECH, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
C. FIRSTECH, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ALTHOUGH HISTORICALLY RARE, FIRSTECH, LLC SYSTEMS RELY ON GPS AND CELLULAR NETWORKS, AND BECAUSE THESE NETWORKS MAY FROM TIME EXPERIENCE THE EFFECTS OF, BUT NOT LIMITED TO, SOLAR STORMS, SOLAR FLARES OR SUNSPOTS, WHICH MAY IMPACT THE TIMING OF GPS SIGNALS AND CONSEQUENTIALLY THE SUBSCRIBER’S VEHICLE LOCATION ACCURACY, THESE DISTURBANCES AREUNUSUAL AND BEYOND THE CONTROL OF FIRSTECH, LLC OR ANY OTHER AGENCY. FIRSTECH, LLC CANNOT WARRANT OR BE HELD LIABLE FOR NATURAL OR UNNATURAL DISTURBANCES. SIMIALARLY, TERRESTRIAL CELLULAR SIGNALS MAY ALSO BE AFFECTED BY TERRAIN, BUILDINGS, ATMOSPHERIC ACTIVITY WHICH MAY PRODUCE ANOMULOUS PROPAGATION AND CAUSE THE INTERMITTENANT ABSENCE, DELAY OR DELETION OF TEXT MESSAGES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRSTECH, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C. In the unusual event that a customer’s tracking device becomes inactive for any reason, it is the customer’s responsibility to have the unit repaired as quickly as possible. The out of Service time does not constitute an extended hardware warranty in its own right nor does it absolve the customer of their financial responsibility for their subscription. Due to the secure nature of the Firstech, LLC Service, all attempts will be made to repair Drone products as soon as possible whether in or out of warranty.
15. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRSTECH, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRSTECH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) INAPPROPRIATE USE OF OUR PRODUCTS OR SERVICE (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, FIRSTECH, LLC’S DIRECT DAMAGES FOR ITS BREACH OF ANY OBLIGATIONS UNDER THE T&C SHALL BE ABSOLUTELY LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE.
16. Exclusions & Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Firstech, LLC, the Firstech, LLC logo, DroneMobile logo, Service marks, and other Firstech, LLC logos and product and Service names are trademarks and Service marks of Firstech, LLC. Without Firstech, LLC’s prior permission, you agree not todisplay or use in any manner, the Firstech, LLC trademarks and Service marks. All artwork, images, text, proprietary software and other copyrightable images are the copyrights to Firstech, LLC. All rights reserved.
18. General Information:
Compliance with Law; U.S. Export Controls.You will comply with all applicable laws regarding your use of the Website, products, and Services and your access to your accounts. No feature, function, software or any component thereof may be downloaded from the Website, products or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Website, products, and Services any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.
Equitable Remedies.You hereby agree that Firstech, LLC would be irreparably damaged if these T&C were not specifically enforced. Therefore, you agree that Firstech, LLC will, in addition to any other remedy it may have under these T&C, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these T&C.
Severability; Waivers.If any provision of these T&C are found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of Firstech, LLC to insist upon or enforce any of the provisions of these T&C, or to exercise any rights or remedies under these T&C, will not be construed as a waiver of Firstech, LLC's right to assert or rely upon anysuch provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any termof these T&C shall be deemed a further or continuing waiver of such term or any other term.
No Assignment.These T&C and the rights granted herein are personal to you, and may not be assigned. Firstech, LLC may transfer or assign these T&C, Website, products or Services, in whole or in part, to third parties of our choosing
Force Majeure.Firstech, LLC shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes such as acts of god, war, pod people, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law.These T&C, your use of the Website, products, and Services, your interactions with Firstech, LLC, and any issues arising out of them will be deemed entered into in Washington and governed by laws of the State of Washington, without regard to its choice of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courtslocated within the county of King County, Washington.
Entire Agreement.These T&C constitutes the entire, final and integrated agreement between the you and Firstech, LLC concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and communications, whether oral or written, between you and Firstech, LLC.