Terms and Conditions
THIS POLICY LIMITS OUR LIABILITY AND YOUR USE OF GPS TRACKING DEVICES ON OUR PLATFORM CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS
This Agreement (“Agreement”) is by and between Family1st (The Company), and You, Your heirs, agents, successors and assigns (“You”). It is made effective as of the date of your product usage, purchase or electronic execution. This Agreement
sets forth the terms and conditions of your use of The Company products, software and services, including all software and services, and explains obligations to You and Your obligations in relation to the Products, Software and Services
You purchase.
By purchasing Products, Software or Services from The Company, You acknowledge that You have read, understand, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement
by reference, as well as any new, different or additional terms, conditions or policies which The Company may establish from time to time, and any agreements that Family1st is currently bound by or will be bound by in the future.
*TO ALL PURCHASERS AND USERS, BY USING THIS PRODUCT, SERVICE OR SOFTWARE, YOU AGREE TO LIMIT THE LIABILITY OF THE MANUFACTURER AND DISTRIBUTORS TO THE REPLACEMENT COST OR A REFUND IN THE AMOUNT OF THE PRODUCT, SERVICE OR SOFTWARE’S COST TO YOU
FROM THE MANUFACTURER OR AUTHORIZED DISTRIBUTOR, AS PERMITTED BY LAW.
** DUE TO THE INHERENT NATURE OF GPS TECHNOLOGY AND DEPENDENCE UPON OTHER TECHNOLOGIES THAT ARE PROVIDED BY NON-PARTIES TO THIS AGREEMENT, NO GUARANTEE CAN BE MADE AS TO THE PRODUCT, SOFTWARE OR RELATED SERVICES’ FITNESS FOR A PARTICULAR PURPOSE
OR USE – YOU MUST READ ALL INSTRUCTIONS TO BE AWARE OF THE INHERENT LIMITATIONS, SUCH AS LOSS OF SIGNAL, IN USING GPS TECHNOLOGY.
GENERAL TERMS APPLICABLE TO ALL PRODUCTS, RELATED SOFTWARE AND/OR SERVICES
Cancellation Policy for Trial Subscription: You may cancel your Trial Subscription at any time by going to www.family1st.io/gpsactivation/cancellation.php. If you need help, feel free to email us at support.gps@family1st.io. If you cancel your Trial Subscription, the service will stay active for any remaining time of your trial, and then the cancellation will take effect for your next billing cycle. Please keep in mind that you are solely responsible for properly canceling your account.
For Belle+ Medical Alert Device : Once the account is cancelled, the device, along with the accessories and the original box and packaging, must be returned within two weeks. If not, the account will be charged $129.95 (cost of the device). If the returned device is not in good condition, is dirty, unusable, or if any accessory or packaging is missing, the cost of the device charges will still apply.
Terms of Use
You agree that The Company may modify this Agreement and its related Services from time to time. Your continued use of the product, related software or services constitutes your acceptance and agreement to be bound by any such modifications. If You have purchased Services or Software from Family1st, the terms of this Agreement shall continue in full force and effect as long as you use the Product, Software or Services. In the event You terminate Your usage, The Company will not refund any amounts You have paid unless otherwise agreed to in writing. You agree that The Company shall not be bound by any representations made by third parties whose products, software or services you may use in conjunction with your use of said products. Any statement of a general nature, which may be posted on Family1st websites or contained in promotional materials, will not bind Family1st. Family1st may, at times, offer certain promotions with different charges and features, and such promotions may be discontinued at any time, without prior notice.Notice
By using The Company’s products, software or related services, you are agreeing that you have read and understand all related warnings and notices provided therewith, or in the event you did not see the warnings included with the product or software, that you have reviewed and understood the warnings available on the Family1st websites for the product, software or service you are using, and you have provided access and/or discussed those warnings and instructions with any parties to whom you provide access to or use of, the product, software or service. Family1st disclaim any liability for your failure to read or follow warnings or instructions.Email Communication
By purchasing and using live GPS tracking devices and service from The Company, you will be put on an email distribution list. You will receive periodic email that may contain tips and tricks, promotions, or other pertinent information regarding our GPS tracking service. Although not recommended, you may opt-out of receiving this email communication by clicking the “manage subscriptions” at the bottom of any of the messages. If you need to change the email address where you receive these messages, please contact support.gps@family1st.io.Terms of Usage and Service
Subject to the terms and conditions of this Agreement, The Company shall attempt to provide, but cannot guarantee, GPS Related Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer understands and accepts that from time to time, without notice, the Services may be inaccessible or products may be inoperable for a variety of reasons, many of which may be outside of the control of The Company, including, without limitation: (i) equipment damage or malfunctions; (ii) periodic maintenance procedures or repairs which The Company may undertake; or (iii) causes beyond the control of Family1st or which are not reasonably foreseeable, including, without limitation to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures and shall not be entitled to any setoff, discount, refund or other credit. Customer agrees and understands that The Company has no control of availability of Tracking Services on a continuous or uninterrupted basis, in light of a variety of factors which can affect GPS reception, in addition to the factors listed above. Any break in service known to The Company will be relayed to Customer as soon as possible, but no guarantees are made with regards to the provision of notice. In the event that a pre-established interruption is necessary The Company will notify the customer with as much advanced notice as possible. In the event that a break in service or problem with product functioning occurs due to forces beyond control of The Company will attempt to notify Customers using reasonable means (such as posting information on its website or via email) and will make efforts to re-establish service on customers’ behalf, however, The Company cannot make any guarantees with regards to re-establishing services. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.No Unlawful Conduct or Improper Use
As a condition of Your use of The Company Products, Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to The Company if, for any reason, The Company takes corrective action with respect to Your improper or illegal use of its Services. The Company reserves the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Company’s sole discretion. You agree that your information & tracking records may be released to any Law Enforcement Agency who requests the information in regards to an ongoing investigation regarding Your tracking device, wherein the said agency provides a Subpoena or Warrant. You agree that in the case of an emergency, your information & tracking records may be released to any Law Enforcement Agency who requests the information in regards to an ongoing investigation regarding Your tracking device without a Subpoena or Warrant. If You have purchased Services, The Company has no obligation to monitor Your use of the Services. The Company reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. The Company reserves the right to terminate Your access to the Services at any time, without notice, with the limitation on your damages being a refund for unused services. The Company reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against The Company or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. The Company may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. Customer also agrees to be solely responsible for obtaining any necessary consent from the person(s), vehicles, or assets that they will be tracked and agrees to abide by all state and federal laws concerning using tracking devices. Customer agrees to indemnify and hold The Company, and its subcontractors, Members, Officers & Employees harmless from any and all costs and expenses regarding any claim(s) arising from the unauthorized tracking by Customer. Customer is urged to speak with an attorney if they are not sure of applicable laws regarding tracking devices. Laws can vary from State to State, and Country to Country, regarding use of tracking devices.Lithium Ion Batteries
In products that contain li-ion batteries, ensure that you read, understand, and follow all applicable rechargeable battery safety instructions. This is very important as lithium ion batteries can be a fire hazard if mishandled. Customers are solely responsible for the proper charging, usage, maintenance, and ensuring products are inspected and in proper working order.No Modification of Products or Software
Customer agrees not to remove or alter any equipment or software provided by The Company including removal of the SIM card from the tracking device. Customer will be billed, and agrees to be responsible for, any and all charges associated with altering the SIM card or using the SIM card in any other device other than the device registered with the The Company website.Account Security
You are responsible for maintaining the confidentiality of Your login, password and any related information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify The Company immediately of any unauthorized use of Your account or any other breach of security. You agree that to the extent permitted by law, The Company will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by The Company, or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. The Company specifically disclaims liability for any activity in Your account, whether authorized by You or not.Accurate Information
While You are using The Company Services, You agree that You have provided The Company with accurate information and that You will notify The Company within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by The Company to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that The Company may use and rely on any such information provided by You for all purposes in connection with Your use of the Product, Related Software or Services, subject to Privacy Policy. If You provide any information that is false, misleading or incomplete, or if The Company has reasonable grounds to suspect that Your information is misleading or incomplete, The Company has the absolute right, in its sole discretion, to terminate its Services and close Your account. Further, The Company may investigate any account without notice to You and use GPS data, shipment tracking numbers, delivery confirmations, credit card transaction data, or any other information at our discretion in order to respond to inquiries from law enforcement or court orders, or to defend credit card disputes and chargebacks.Technical Support
Live technical support can be reached by sending a message through the “Support” link inside The Company. The Company technical support representatives will make every effort to handle support requests in a timely manner. The Company Technical Support department is manned 24/7/365, although support is limited during non-working hours (working hours are 9am-5pm Mon-Fri (Pacific Time)).Fees and Payment
As consideration for the Software or Services purchased by You and provided to You by The Company, You agree to pay The Company for the GPS tracking equipment at the time You order. Upon device activation with The Company, all fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. The Company expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by providing a valid credit card or debit card. Billing cycles commence the day the device is delivered to your shipping address, as verified by the shipment tracking number. Subscribers are billed in advance for the respective billing cycle. Billing cycles are either monthly, or you can choose annual payment for a discount. Billing cycles, as previously mentioned, begin the day the device is delivered to the subscriber’s shipping address, and end the day prior to that calendar date at the end of the billing cycle (for example, if You receive the GPS device on June 15 and are on a monthly billing cycle, that billing cycle ends July 14. The only exception is for devices received after the 28th day of the month- billing cycle always ends on the 28th of the month). Subscribers that opt into a GPS service plan with The Company will be automatically and subsequently billed on a recurring basis for that plan, unless a change requested by the subscriber in writing. No pro-ration or refund will be given for cancellations prior to the end of any billing cycle, including prepaid plans. Device activation fees are non-refundable. If a written or email cancellation notice is not received at least 10 days prior to the end of the billing cycle, the service will be automatically extended. Accounts must be canceled using the Cancel GPS Service link under the GPS Service menu at www.family1st.io/gpsactivation/cancellation.php. Include Your account username and tracking device IMEI number (IMEI number can be found on the sticker on the device, on the device packaging, or inside your The Company account (under Account Information–>Listed Devices). Once an account is on a month to month term, recurring billing is performed up to 10 days prior to the end of the billing cycle to pay for tracking services for the following billing cycle. Cancellation requests must be received by The Company at least 10 days prior to the end of the billing cycle to prevent You from being charged for an additional month of tracking services. Any cancellations received after the billing date but before service start date will be refunded, minus a $10.00 service fee. If You opted for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. You will be assessed a $25.00 fee for reprogramming and shipping in the event You exchange one GPS device for another unless the exchange is due to manufacturer defect. In the case of defect, we will reprogram the new device and ship it to You at our expense. Customer’s failure to pay any fees when due shall be considered a material breach of this Agreement, and The Company may, in addition to any rights available to it at law or in equity, do any or all of the following: (i) assess late charges of the greater of one and one-half (1.5%) per month or the maximum allowable under applicable law, (ii) suspend performance of the Tracking Services, and terminate the Agreement without penalty; or (iii) require future payments hereunder to be made in advance of Tracking Services being rendered by The Company. Any suspension or termination of Tracking Services will not relieve Customer from paying past due fees plus late charges and in event of collection enforcement, Customer shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorney fees, court costs, and collection agency fees. Upon suspension of a customer’s account for non-payment, customer will be charged a re-activation fee after all past due balances have been settled if customer wishes to resume tracking on the network. Delinquent accounts will be terminated and the device(s) will be deactivated. Devices can be reactivated for a $25 fee. The Belle+ device may be eligible for a one-time replacement if found to be faulty. Should there be a need for a replacement after, a fee of $129.95 will apply.Termination of Subscription
Cancellation Policy for Monthly Subscription Renewals: You may cancel your Monthly Subscription at any time by going to www.family1st.io/gpsactivation/cancellation.php. If you need help, feel free to email us at support.gps@family1st.io. If you cancel your Monthly Subscription, the service will stay active for the remaining time on your current billing cycle, and then the cancellation will take effect for your next billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.Cancellation Policy for Trial Subscription: You may cancel your Trial Subscription at any time by going to www.family1st.io/gpsactivation/cancellation.php. If you need help, feel free to email us at support.gps@family1st.io. If you cancel your Trial Subscription, the service will stay active for any remaining time of your trial, and then the cancellation will take effect for your next billing cycle. Please keep in mind that you are solely responsible for properly canceling your account.
For Belle+ Medical Alert Device : Once the account is cancelled, the device, along with the accessories and the original box and packaging, must be returned within two weeks. If not, the account will be charged $129.95 (cost of the device). If the returned device is not in good condition, is dirty, unusable, or if any accessory or packaging is missing, the cost of the device charges will still apply.
