TERMS AND CONDITIONS
These Terms and Conditions (these “Terms and Conditions”) shall govern the relationship with all visitors of pinggps.com (the “Site”) and with all purchasers and users of products and services from PingGPS Inc. (“Ping”). By visiting or otherwise accessing the Site or by using the products and services offered by Ping (collectively, the “Products”), you agree to these Terms and Conditions.
If you do not agree with these Terms and Conditions, do not visit or access the Site and cease all use of the Products. If you do not agree to be bound by these Terms and Conditions as published by us from time to time, your sole and exclusive remedy is to discontinue visiting and accessing the Site and discontinuing your use of the Products.
THE PRODUCTS ARE NOT INTENDED TO REPLACE ACTUAL SUPERVISION OF ANIMALS, ADULTS, OR CHILDREN. PING DOES NOT GUARANTY THAT USE OF THE DEVICE WILL ENABLE LOST ANIMALS, ADULTS, CHILDREN, OR OTHER OBJECTS TO BE FOUND. YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK.
THE PRODUCTS ARE NOT LIFE SAVING DEVICES. THE PRODUCTS’ ABILITY TO REPORT LOCATION DEPEND ON MANY FACTORS. THESE FACTORS INCLUDE THE AVAILABILITY AND QUALITY OF CELLULAR SERVICE, THE LINE OF SIGHT FROM THE PRODUCTS TO SATELLITES, WEATHER CONDITIONS, BATTERY STRENGTH, AND OTHER FACTORS WHICH IMPACT COMMUNICATION SERVICES IN GENERAL. THIS LIST IS NOT A COMPLETE LIST OF FACTORS WHICH CAN IMPAIR THE USE OF THE PRODUCTS.
1. Site. The Site is provided for informational purposes only. All content including, but not limited to, all copyrights, trademarks, and service marks on the Site is the sole property of Ping, and no licenses or rights are granted, assigned, or transferred in any manner to any other person as a result of accessibility of the Site by the general public.
2. Products. Use of the Products is subject to the Refund Policy and Limited Warranty found [here]. If you want to transfer any Products to another user, please contact Ping to discuss options available to you. Transfers of any Products are subject to limitations and payment of activation and other fees based on who is receiving the Products.
3. Prohibited Conduct. The following is a non-exclusive list of prohibited conduct involving the Products which may lead to the termination of your ability to use the Products and access the communication services necessary for the proper functioning of the Products:
(a) Modifying any of the Products in any way;
(b) Using any of the Products in any way for any purpose which violates applicable law;
(c) Using any of the Products other than as intended for the periodic location of the Products (for example, using any of the Products for continuous or near continuous tracking purposes);
(d) Using any of the Products in a manner which causes excessive or abnormally high usage of connection services;
(e) Using any of the Products to track or locate any person or property without the permission of the person or owner of the property;
(f) Using any of the Products in any way other than as expressly approved and designed by Ping including, but not limited to, accessing or modifying any of the components of the Products in any way for any purpose;
(g) Disassembling the Products in any way.
Ping reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates the provisions of this section; provided that Ping shall not be obligated to do so.
4. Intellectual Property. Ping maintains, reserves, and is the sole owner of all proprietary rights regarding Ping’s Intellectual Property. For the purpose of these Terms and Conditions, the “Intellectual Property” shall include, without limitation, the Site, internet address, source code, any copyrighted works, trademarks, service marks, trade names, logos, trade secrets, designs, trade dress and other brand designations used by Ping, patented works, or any other intellectual property of Ping related to the Site, the Products or otherwise. You acknowledge that Ping owns all right, title, and interest in and to the Intellectual Property. You agree that you will not copy, reproduce, alter, modify, reverse engineer, or create derivative works from the Intellectual Property.
5. Termination of Your Access to and Use of the Products.
(a) By You. You may terminate your use of the Products at any time and are not obligated to renew the connection services for the Products. Any payments made by you are not refundable upon termination of Ping’s agreement with you, termination of your connection services, or non-renewal of your connection services.
(b) By Us. We may suspend or terminate your use of the Products or your connection services at any time, without warning, as a result of your violation of these Terms and Conditions or as a result of your non-payment of any amounts due for the Products or services related to the Products. We may limit your access to the Site, or to any part of the Site, at any time in our sole discretion.
(c) By Others. The cellular services, satellite services, and global positioning service (“GPS”) necessary for use of the Products are provided by third parties which are not controlled by Ping. Access to and use of these services may be limited or terminated at any time with or without notice to Ping or you. Ping has no liability or obligation to you as a result of any termination of access to or use of these services including, but not limited to, any obligation to provide substitute Products, obtain alternative providers of the services, or refund any amounts you have paid to Ping.
(d) Effect of Termination. These Terms and Conditions survive the termination of Ping’s agreement with you, termination of your connection services, or non-renewal of your connection services. No payments by you are refundable as a result of termination of any agreement or termination of your use of the Products or the services related to the Products.
6. DATA SERVICES.
(a) Access. The Products require access to wireless data services to function. These services to the extent not otherwise expressly included with the Products are at your sole cost. If you do not pay for these services, the Products will not function. Ping has no liability or obligation to you as a result of any termination of access to or use of these services including, but not limited to, any obligation to provide substitute Products, obtain alternative providers of the services, or refund any amounts you have paid to Ping.
(b) Included Services. Certain Products are offered with “Lifetime Data Plans” or have wireless data service or cellular service included at no additional cost for a limited period of time. These services are device specific. These services may only be used with the specific Products originally registered with such services. These services are not transferable to other Products or to any other device.
(c) Lifetime. Any reference to “Lifetime Data Plan,” or otherwise to “lifetime” refers only to the lifetime of the specific Products associated with such reference. Such references do not refer to the lifetime of any natural person, Ping, your, or any other person or entity. Further, the ability to provide such services is dependent on third parties who are not controlled by Ping. Access to and use of these services may be limited or terminated at any time with or without notice to Ping or you. Ping has no liability or obligation to you as a result of any termination of access to or use of these services including, but not limited to, any obligation to provide substitute Products, obtain alternative providers of the services, or refund any amounts you have paid to Ping.
7. DISCLAIMERS. YOUR USE OF THE SITE IS IT AT YOUR OWN RISK. PING IS PROVIDING THE SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PING DOES NOT GUARANTEE THAT THE SITE WILL BE SAFE, SECURE, OR ERROR FREE. your use of the products are governed by THIS AGREEMENT AND the documents referenced [here].
8. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PING BE LIABLE FOR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR ANY REASON. EXAMPLES OF SUCH REASONS INCLUDE, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THIS SITE OR ANY uSE OF THE PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR ANY PRODUCTS, FROM INABILITY TO USE THE SITE OR ANY PRODUCTS, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR ANY PRODUCTS, FROM ANY OTHER ACTION TAKEN BY PING, OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH ACTION IS IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitationS may not apply to you. IN SUCH CASES, PING’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge that no data transmission on the Internet can be 100% secure. Consequently, you acknowledge and agree that all information sent to us (including any payment information or personal or confidential information) is done so at your own risk.
9. Cooperation with Law Enforcement and Release of Information. Ping shall have the right to provide any information provided to it by you and any other information that Ping may have about you when necessary in Ping’s sole discretion to satisfy any law, regulation, governmental or judicial request, or to protect Ping or its employees, officers, directors, shareholders, agents, employees, or representatives regardless of whether such information is confidential, private, or otherwise protected in any manner under these Terms and Conditions or in any other agreement between you and Ping. You waive any and all claims that you would otherwise have against Ping and its officers, directors, shareholders, agents, employees, and representatives for the release of such information. IF APPLICABLE LAW DOES NOT PERMIT THE RELEASE OF PROSPECTIVE CLAIMS OR CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, YOU HEREBY WAIVE ANY RIGHTS UNDER SUCH APPLICABLE LAW.
(a) Binding Effect; Assignment. These Terms and Conditions are binding on and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. All rights and obligations hereunder shall not be assigned by you without the prior express written consent of Ping. All rights and obligations hereunder shall be assignable by Ping in its sole discretion.
(b) Severability. The provisions of these Terms and Conditions are severable, and the invalidity of any provision shall not affect the validity of any other provision.
(c) Governing Law. The rights and obligations of the parties hereto and any claims or disputes relating thereto shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to the conflict of laws provisions thereof.
(d) Amendment; Waiver. Except as otherwise expressly provided in these Terms and Conditions, no amendment, modification or discharge of these Terms and Conditions shall be valid and binding unless set forth in writing and duly executed by Ping. Any waiver by Ping or consent by Ping to any variation from any provision of these Terms and Conditions shall be valid only if in writing and only in the specific instance in which it is given, and such waiver or consent shall not be construed as a waiver of any other provision or as a consent with respect to any similar instance or circumstance.
11. Modifications. Although Ping may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Ping may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions.