PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS YOUR NETWORK CARRIER, BUT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO OUR SERVICES.
When Your Agreement Begins:
This Agreement becomes effective when you do any of the following:
(a) You accept the Agreement through an oral or electronic statement;
(b) You attempt to or in any way use a Service;
(c) You pay for a Service;
(d) You open any package or start any program that says you are accepting the Agreement by doing so. If you do not want the Agreement to begin, do not do any of these things.
Some of the lines of Services we offer (for example, relating to rate plans or Device discounts) require you to continue such Services with us for NO term commitment. Your Term Commitment will continue month-to-month.
Early Termination Fee:
If customer decides to terminate services, it must be done 14 days prior to the next billing cycle or customer will be charged for that monthly service. You are not responsible for paying an Early Termination Fee when terminating a Service:
(a) which is provided on a month-to-month basis;
(b) consistent with our published Trial Period Return Policy (described below) in effect on the date of, and applicable to, your purchase;
(c) in response to a materially adverse change we make to the Agreement as described herein.
Trial Period Return Policy:
If you purchase your device on www.igpsphoenixwatch.com, by phone and/or any selling platforms (Amazon/eBay) and if you return your device within the 14 calendar days from your date of receipt of the Device (the “Trial Return Period”), then, subject to your compliance with the terms and conditions of this Section, you will receive 100% of your original purchase price for the Device, which excludes first month service fee ($14.95) Activation fee of ($15.00) and taxes. During the Trial Return Period, your return may be for any reason. To be eligible for a refund, a Device must be in substantially new condition, and the return must be post-marked (or otherwise delivered to the relevant carrier or received by us) by the 14th day after the date of your receipt of the Device. Refunds will not be issued for Devices that have been damaged or altered in any way, including by affixing adhesive or other items to the Device. For all returns, including returns within the Trial Return Period, you will be responsible for the shipping costs back to our office. *Refunds will be issued for the purchase price of the Device only; refunds will not be issued for activation fee, first month service fee, taxes or any other fees or costs.
A $20.00 restocking fee will be applied if original packaging is damaged or if there are any missing pieces and parts.
Our Right to Interrupt or Terminate Your Service:
We may interrupt or terminate a Service without notice:
(1) for any conduct that we believe violates this Agreement;
(2) if you exceed an Account Usage Limit (“AUL”);
(3) if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
(4) if we discover that you are underage;
(5) if you fail to make all required payments when due;
(6) if we have reasonable cause to believe that your Device 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 Service interferes with the use or enjoyment of Services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes a security risk or a violation of privacy;
(7) if you provided inaccurate credit information;
(8) if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit;
(9) if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as unauthorized removal of the SIM card;
(10) if we believe the action protects our interests or any customer’s interests. If we terminate a Service for any of the above reasons, and you are then subject to a Term Commitment, you must pay us an Early Termination Fee and a Device Fee (if applicable).
You’re Right to Terminate a Service:
You can terminate a Service at any time by calling us and requesting that we deactivate your Service. You are responsible for all charges billed or incurred prior to deactivation. If a Service is terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination, and you will not receive a credit or refund for any unused Service. Except as provided above, you may be required to pay us an Early Termination Fee for each applicable line of Service that you terminate, and a Device Fee, if applicable.
Agreement and Your Associated Rights:
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services which you have availed, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the email address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise).
In response to our changes to the Agreement as described above, you may terminate this Agreement as it applies to a Service without paying an Early Termination Fee only if you: call us within 30 days after the date you are notified of the change; and specifically advise us that you wish to cancel a Service because of a material change to the Agreement. If you do not cancel Service within the 14-day period, an Early Termination Fee will apply if you later terminate such Service before the end of any applicable Term Commitment.
Account Usage Limits: (“AUL”)
An AUL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud or criminal activity) we place on the amount of unpaid voice or text/SMS charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count towards an AUL. If you have an AUL, we may suspend your Services without prior notice if your account balance reaches the AUL, even if your account is not past due. We may impose or increase an AUL at any time with notice. An AUL is for our benefit only and should not be relied on by you to manage usage. Deposits and Returning Deposits: We may at any time require a deposit, as a guarantee or partial guarantee of payment, for you to establish or maintain a Service (“Deposit”). By providing us a Deposit, you grant us a security interest in the Deposit for all current or future amounts owed to us. We may change the Deposit at any time with notice. You may not use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history and other factors. Unless prohibited by law, we may mix Deposits with our other funds. Deposits will not earn interest and we reserve the right to return the Deposit as a credit on your invoice at any time. If your Service is terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of the Deposit to your last known address within 90 days after your final invoice; if such mailing is returned to us, we will forward it on to the appropriate state authorities to the extent required by law.
You’re Device Number:
Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
Subject to the exclusions contained below, iGPS Watch warrants its Devices and accessories (“Products”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy and applies as follows only to new devices and/or new accessories purchased.
(1) Term. The Products shall be covered under this warranty for a period of 12 months (365 days) from the date of your purchase regardless of when the products are received by you.
The following are excluded from coverage under this warranty:
- Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage;
- Ornamental Decorations; Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage;
- Batteries. Only batteries who’s fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty;
- Abuse & Misuse.
- Defects or Damage that Result From improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; use of the device or accessories for commercial purposes or subjecting the device or accessory to abnormal usage or conditions; or (iv) other acts which are not the fault of iGPS Watch, are excluded from coverage;
- Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than iGPS Watch, or its authorized service centers, are excluded from coverage;
- Altered Products.
- Devices or accessories with
- Serial numbers or date tags that have been removed, altered or obliterated;
- Broken seals or that show evidence of tampering;
- Mismatched board serial numbers;
- Nonconforming or non-iGPS Watch housings, antennas, or parts, are excluded from coverage;
- Communication Services. Defects, damages, or the failure of products and Services due to any communication service or signal you may avail to or use with the products and services is excluded from coverage.
(3) Transferability. This warranty extends only to the first consumer purchaser and is not transferable.
(4) Actions. iGPS Watch, at its option, will at no charge repair, replace or refund the purchase price of any Product that does not conform to this warranty. We may use functionally equivalent reconditioned/ refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back-up prior to requesting service.
(5) How to obtain warranty service. To obtain warranty service, please contact iGPS Watch at the address or customer service telephone number found on our website (https://www.igpsphoenixwatch.com).
(6) Limited Products Warranty.
THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL iGPS Watch BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE RELEVANT PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR
DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
Note: Some countries, states, and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply. This warranty gives you specific legal rights, and you may also have other rights that vary from one legal jurisdiction to another. iGPS Watch EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. iGPS Watch DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES ASSOCIATED WITH THE PRODUCTS. iGPS Watch DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PURCHASER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF iGPS Watch TO ANY END-USER OR OTHER THIRD PARTY. (SEE ALSO GENERAL LIMITATION OF LIABILITY BELOW)
Coverage; Where You’re Device Will Work; Technical Limitations:
iGPS Watch does not guarantee wireless network availability. Services may be subject to certain Device 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 device 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 Cell ID, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on several 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 Device performs inconsistently in dense urban areas such as New York City. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances. GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, on occasion more than 500 ft.
The Company might at its discretion utilize Cell ID in certain circumstances. You understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on the availability of cell tower communications which might be weak or non-existent in certain areas.
You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.
Payment Policy; Late Fees:
You agree to make payments on or before the day of the purchase of each month in the amount set forth in the online service contract selected by you for the purchase of a Service (“Service Contract”), plus additional taxes, fees, or surcharges as provided for in this Agreement. You hereby authorize us or our assigns or agents to charge your credit card a monthly recurring fee during the pendency of your contract in the full amount owing, including overages where applicable. For some Services, you will receive a monthly statement detailing your charges as provided above. This statement will typically be sent electronically, but we reserve the right to send a statement in a hard copy via mail. If we do not receive payment in full by the date specified in your Service Contract, a late payment charge (equal to $10 per month per late payment) may be applied to the total unpaid balance. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked by you as “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other reasonable method at any time at our sole discretion.
In addition to late fees, interest and other applicable charges, you agree to pay all costs of collection, including attorney’s fees and including charges that we incur with a collection agency. If your account is assigned to a collection agency, you will be charged a fee of $25 for each such assignment in addition to other applicable charges. We reserve the right to report the delinquent account to credit agencies, which might impact your credit score.
Activation & Miscellaneous Charges:
Based on our Policies and the Service Contract, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
Account & Service Charges; Pro-rating; Unused Minutes:
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges (including without limitation text and voice), taxes, surcharges and fees associated with your Services.
These charges are described or referred to during the sales transaction, in our marketing materials, in the Service Contract and in confirmation materials we may send to you.
You’re Statement of Charges:
For certain Services involving variable charges, we will provide you with a monthly statement, which will provide you notice of any usage/transaction specific charges (usually billed in the bill cycle in which they’re incurred). This statement also may include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
You are allocated unlimited text messages by your Agreement. The current overage rates are set forth on Schedule A to this Agreement. Your allocation of text messages covers domestic texts only and does not include international texts. International texts are billed separately and in addition to, domestic texts. Be aware that the charge for an international text is different from the charge for a domestic text and is likely to be substantially higher.
Taxes & Government Fees:
You agree to pay all federal, state and local taxes, fees and other assessments that we are required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
Disputing Charges – You Must Still Pay Undisputed Charges:
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
You Service plan options are as described on our website, which may be modified at the Company’s discretion from time to time.
Voice Monitoring and 2-Way Voice; Voice Overage:
Your Device might be capable of voice monitoring or two-way voice. Voice monitoring and two-way voice minutes are measured and billed in increments of one minute and are rounded up to the next full minute. For example, six separate calls of ten seconds each are measured and billed as six minutes. If you have selected a service plan that provides voice monitoring or two-way voice and you go over your allotted (250) minutes of voice services, or if you utilize voice monitoring and your plan does not provide voice services, you agree to pay an additional voice charge at the then applicable rates as established by us from time to time in our discretion. The current overage rates are set forth on Schedule A to this Agreement. Your allocation of voice minutes covers domestic voice services only and does not include international voice services. International voice minutes are billed separately and in addition to, domestic voice minutes. Be aware that the charges for international voice usage are different from the charges for domestic voice usage and are likely to be substantially higher.
Your Device is set to operate both domestically and may also operate internationally. However, you will be charged additional fees if the Device is utilized in a country other than the United States. The rate on these fees is established by us and is subject to change from time to time. Please confirm the applicable charges prior to operating a Device internationally, as the charges might be substantial. For example, if you have the ‘breadcrumbing’ feature activated with a Device that is in a country outside the United States, you will be charged your standard rate for your Service as well as the then applicable per text charge for each sent from the Device. Depending on the amount of time the Device is outside the USA, this could be very costly.
If Your Device Is Lost or Stolen:
Call us immediately if your Device is lost or stolen because you may be responsible for usage charges incurred before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). You further agree that the loss or theft of your Device will not result in the waiver of any Early Termination Fees if you elect to terminate Services (rather than purchase a replacement Device) due to such loss or theft.
Compliance with Law:
Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable local, state, regional, federal or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. iGPS Watch will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold iGPS Watch harmless from your unlawful use of a Device or Service.
General Limitation of Liability:
Unless prohibited by law, the following limitations of liability apply. A Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE A USER OF A DEVICE WILL BE LOCATED, OR THAT IF YOU PLACE A CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. iGPS Watch MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL iGPS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE,
- act or omission of a third party;
- •mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or related software provided by or through us;
- damage or injury caused by the use of Services or Device, including use in a vehicle;
- claims against you by third parties;
- damage or injury caused by a suspension or termination of Services by iGPS Watch; or damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Unless prohibited by law, iGPS Watch is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by the use of, or inability to use, Services, or Devices provided by or through iGPS Watch, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
TO THE FULL EXTENT ALLOWED BY LAW YOU HEREBY RELEASE, INDEMNIFY, AND HOLD iGPS Watch AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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, THE SERVICES PROVIDED BY iGPS Watch OR ANY PERSON’S USE THEREOF OR OF THE DEVICE (INCLUDING, BUT NOT LIMITED TO, VEHICULAR DAMAGE AND PERSONAL INJURY), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF iGPS Watch OR ANY VIOLATION BY YOU OF THIS AGREEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF YOUR SERVICE WITH iGPS Watch. iGPS Watch IS NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY THAT CAUSE YOUR DEVICE OR SOFTWARE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
OUR SERVICE AND DEVICES ARE NOT SUBSTITUTES FOR CHILD CARE AND SHOULD NOT BE USED AS SUCH.
Data in the National Sex Offender Registry:
Predator Alert’s registered sex offender proximity alerts are based upon data provided by the United States Department of Justice Dru Sjopdin National Sex Offender Public Website (“NSOPW”) database. NSOPW is a cooperative effort between the Department of Justice (“DOJ”) and state jurisdictions hosting public sex offender registries. The NSOPW expressly warns that it cannot guarantee the accuracy, completeness or timeliness of the information drawn from the state registries. Accordingly, we cannot guarantee the accuracy, completeness or timeliness of the data upon which our Services are based. By entering into the Agreement, you indicate your understanding as to this limitation, you expressly consent to it, and you accept and understand that the limitations of liability set forth herein include any claim with respect to the accuracy of the referenced database.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by mail at your billing address, at your email address, or by telephone. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as with a judicial proceeding, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.
We each also agree as follow:
“Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated. This includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our services and notice to us will be sent to the Company’s mailing address set forth on the Company’s website. Each of us agrees to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.
We each agree not to pursue arbitration on a class-wide basis. Unless both you and we agree otherwise, any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim), and the arbitrator may not consolidate more than one person’s claims nor otherwise preside over any form of a representative or class proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Dispute Resolution provision during the provision of a Service to you, you may reject any such change by sending us written notice within 30 days of the change to our headquarters office as set forth on the “Contact Us” page of our website at www.igpsphoenixwatch.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Exceptions to Our Agreement to Arbitrate Disputes:
Either of us may bring qualifying claims in small claims court in Lee County, State of Florida. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
No Class Actions:
TO THE EXTENT ALLOWED BY LAW, EACH OF US WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial by Jury:
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Other Important Terms:
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state/s of Florida, without regard to the conflicts of law rules of that state/s. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The
Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
iGPS Watch may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
If you have any questions concerning this Customer Agreement, please contact us by telephone at (800)7234955, or by mail addressed to, 8660 College Pkwy Suite 160 Fort Myers, FL 33919.
This Customer Agreement is copyright 2020, iGPS Watch.
Any rights not expressly granted herein are reserved by iGPS Watch.