Terms and Conditions
Introduction
The terms of this Order Form and the Track My Truck Terms of Service located at trackmytruck.us/tos
(the “TOS”) govern Customer’s use of the Track My Truck Services (as defined in the TOS). Any capitalized terms not defined herein have the meanings set forth in the TOS. By executing an Order Form, Customer accepts the TOS and agrees to be bound by them.
Hardware Terms
Purchased Hardware Terms
Please refer to the TOS and the Limited Hardware Warranty set forth at trackmytruck.us/warranty
for further information with respect to Purchased Hardware. As between Customer and Track My Truck, Customer will own and retain title of any Purchased Hardware, except to the extent that Customer has any agreements or obligations to a Lender financing the Hardware purchase, in which case Customer should refer to the terms and conditions of any financing agreement.
Return Policy: Customers may return Purchased Hardware within five (5) business days of delivery for a full refund of hardware charges only. Shipping charges are non-refundable. After this 5-day window, all hardware sales are final, except as otherwise provided under the Limited Hardware Warranty.
Service-Packaged Hardware Terms
If Customer has Service-Packaged Hardware (as defined in the TOS) on its account, the following terms apply:
Track My Truck provides the Track My Truck hardware devices as part of the Subscription Services, subject to the following terms:
Track My Truck retains exclusive ownership of the hardware unless purchased by Customer.
Risk of loss for such Hardware transfers to Customer upon delivery to the location specified by Customer.
If a unit of Hardware is returned in a materially damaged state, as determined by Track My Truck, Track My Truck may charge Customer the fees below per unit of damaged hardware.
If a unit of Hardware is returned in a defaced manner, for example, with writing on the case or with the serial number removed or scratched, Customer shall owe a $25 restoration fee per unit of defaced hardware.
If Customer swaps or upgrades a unit of Hardware (“Swapped Hardware”) for a new unit of Hardware, Customer must return the Swapped Hardware subject to the terms and fees set forth herein.
Please refer to the TOS for further important information regarding Customer’s and Track My Truck’s obligations with respect to Hardware (as defined in the TOS).
Shipping
Customer is responsible for shipping charges based on the shipping method selected by Customer and will be billed for shipping of the Hardware (as defined in the TOS) and any other components.
Taxes
Customer is responsible to pay any and all taxes that Track My Truck may be required to collect or pay for providing the Customer with the Services.
Cellular Connectivity for Cellular Devices
Track My Truck uses a third-party provider for cellular and wireless services associated with any Cellular devices, and Track My Truck cannot and does not guarantee uninterrupted or continuous service or specific area coverage and is not responsible for downtime or loss of use of the Cellular devices and Services caused by the third-party provider’s lack of provision of such cellular and wireless services.
Billing and Invoicing
Customer’s Payment Method will be billed for the first payment due under this Order Form upon receipt and confirmation of the order. Such payment will be due in accordance with the terms of this Order Form. If payment is due immediately, then Track My Truck has the right to charge Customer’s Payment Method immediately upon placement of the order. Thereafter, Customer will be billed in accordance with the Billing Frequency set forth in the Order Summary.
Additional Orders and Upgrades – Payment Terms
Pricing: During the Contract Term, the pricing set forth in the Order Summary shall apply to any additional orders of the Subscription Services selected therein, unless otherwise agreed to by Customer and Track My Truck in writing. For clarity, such pricing shall apply only to the per unit pricing for the “Subscription Services,” and not with respect to any waivers of hardware fees, promotional discounts, one-time credits or other similar discounts, credits, and fee waivers; such pricing shall be on a per-order basis. Any additional orders placed during a Renewal Term (as defined below) for Subscription Services selected in the Order Summary will be at the Renewal Rate (as defined below). The pricing for any orders for upgrades or services other than those set forth in the Order Summary will be subject to the then-current non-promotional rates offered by Track My Truck. The total pricing for any additional orders will be prorated based on the remainder of Customer’s current subscription term on the date of activation of the services, plus any additional charges for upgrades, taxes and shipping.
Term: The Order Term for any additional orders will be for the remainder of Customer’s then-current term at the time the Services are activated.
At the end of the Contract Term, Customer’s subscription for all Services on its account will be automatically extended for successive renewal periods of twelve (12) months (each a “Renewal Term”) at the then-current non-promotional rate (the “Renewal Rate”), unless Customer provides notice before the date of renewal by contacting Track My Truck at support@trackmytruck.us
before the end of the applicable Contract Term or Renewal Term.
Cancellation: Customers may cancel Subscription Services at any time by submitting a cancellation request to support@trackmytruck.us
. All cancellations are subject to a one (1) month cancellation fee, which will be billed at the time of cancellation. This fee applies only to Subscription Services and does not apply to hardware.
By signing this Order Form, Customer is authorizing Track My Truck to bill Customer’s Payment Method in accordance with this Order Form and the TOS. For any additional Services or upgrades which are ordered and activated in between billing cycles, Customer will be billed for a prorated amount with respect to such additional Services or upgrades.
Indemnity for Damage to Property and Injury to Persons
Client shall defend, indemnify, and hold Track My Truck harmless from any and all claims, liabilities, losses, damages, costs, penalties, interest, and expenses (including attorneys’ fees assessed against or incurred by Track My Truck and in defending the same) which Track My Truck may incur arising out of:
a) intellectual property infringement (based upon Service Provider’s failure to follow Track My Truck instructions),
b) Service Provider’s breach of its obligations hereunder; or
c) bodily injury (including death) to any person, or property damage, or both, directly or indirectly caused by the act(s) or omission of Service Provider and/or Service Provider’s employee(s) or contractor(s) while performing Work for Track My Truck hereunder.
Without limiting the foregoing, such obligation includes claims involving Service Provider’s subcontractors, suppliers, and employees.
Disclaimer of Incidental and Consequential Damages
EXCEPT FOR THE CONFIDENTIALITY AND INDEMNITY OBLIGATIONS HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER ANY THEORY INCLUDING CONTRACT AND TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCTS LIABILITY) FOR ANY INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE PARTY CAUSING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap
EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF TRACK MY TRUCK TO SUPPLIER FOR ANY CLAIM ARISING HEREUNDER (WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE TO SUPPLIER IN THE TWELVE (12) MONTHS PRECEDING SUCH SUIT OR CLAIM.
Limitations on Warranty
This Limited Hardware Warranty is null and void in the event that Hardware has been (a) altered or modified, (b) used in a way that does not substantially conform with instruction manuals, user guides, and other information provided by Track My Truck, posted to its website, or set forth in the Terms of Service, (c) tampered with, abused, improperly maintained, or otherwise damaged in a way outside of Track My Truck’s control, (d) installed or de-installed without following Track My Truck’s written instructions, (e) used with the Services not in the ordinary course of Customer’s business operations, (f) connected to an improper voltage supply, (g) used with accessories and/or devices which are not expressly approved by Track My Truck, or (h) used with incorrect or unauthorized Cables.
With respect to Service-Packaged Hardware, the Limited Hardware Warranty will only apply to the extent that Customer is paying its recurring subscription fees. In the event that Customer stops paying its recurring subscription service fees, this Limited Hardware Warranty will terminate with respect to any Service-Packaged Hardware on Customer’s account.
Exclusions
The Limited Hardware Warranty does not cover (i) Internet connectivity with the Hardware, (ii) interruptions in electric power, or (iii) consumable parts, including batteries, (iv) sim cards, or (v) SD cards or memory cards.
Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THE LIMITED HARDWARE WARRANTY, TRACK MY TRUCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE HARDWARE, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE HARDWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED.
THE HARDWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CUSTOMER IS SOLELY RESPONSIBLE FOR (AND TRACK MY TRUCK DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER’S INSTALLATION OF THE HARDWARE, CUSTOMER’S VEHICLES, AND INTERNET CONNECTIVITY. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND HARDWARE ARE A DRIVER AID ONLY. THE SERVICES AND HARDWARE ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THE SERVICES AND HARDWARE CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE, OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER’S DRIVERS SHOULD NEVER WAIT FOR THE SERVICES AND HARDWARE TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT. FAILURE OF A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.
Limitation of Liability
IN NO EVENT WILL TRACK MY TRUCK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED HARDWARE WARRANTY OR FROM THE USE OF OR INABILITY TO USE THE HARDWARE EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY TRACK MY TRUCK FROM CUSTOMER FOR THE HARDWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRACK MY TRUCK AND CUSTOMER. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACK MY TRUCK AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS DISCLAIM AND WILL NOT BE LIABLE TO CUSTOMER UNDER THIS LIMITED HARDWARE WARRANTY OR FOR LIABILITY ARISING FROM OR RELATED TO THE HARDWARE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), OR (C) DAMAGES FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER TRACK MY TRUCK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Monthly Subscriptions – Cancellation Policy
This Cancellation Policy (“Policy”) outlines the terms and conditions under which customers of Track My Truck (“Company”) can request the cancellation of their GPS tracking services.
Cancellation Requests: Customers who wish to cancel their GPS tracking services must submit a formal cancellation request to the Company by contacting support@trackmytruck.us
.
Cancellation Fee: All cancellations are subject to a one (1) month cancellation fee, which applies to Subscription Services only. No cancellation fee applies to hardware.
Effective Date: The cancellation becomes effective upon processing of the request, subject to the one-month cancellation fee.
Confirmation: The Company will provide written confirmation of the cancellation and effective date.
Outstanding Payments: Customers remain responsible for all outstanding payments prior to the effective cancellation date.
Non-Transferable: Cancellations apply only to the specific customer account making the request and cannot be transferred.
Modification: The Company reserves the right to modify or update this Policy at its discretion, with notice provided to customers.
Effective Date of Policy: 1/1/20