Terms

You agree to these Terms and Conditions of Use (Terms of Use) in consideration of, and as a condition to, being allowed to use WHERESAFE® (defined below).

Use of WHERESAFE® subject to Terms of Use

Modifications:
Your use of WHERESAFE® is subject to these Terms of Use. Provider (defined below) may modify these Terms of Use from time to time (a) by giving you notice of the modified Terms of Use, or (b) by posting them on the WHERESAFE® Website (defined below). The modified Terms of Use will be binding on you as of the date of such notice or posting, whichever is earlier, whether or not you review them, unless within five (5) days of such notice or posting you give notice that you have elected to terminate your Subscriber Agreement (defined below). If you elect to terminate the Subscriber Agreement as permitted in the preceding sentence, then your Subscriber Agreement will be deemed terminated effective one business day after the date on which the notice of termination is received by Provider. No refunds will be provided.

Definitions:
The following definitions apply to these Terms of Use: Provider means WHERESAFE® WHERESAFE® means, collectively and severally, the WHERESAFE® Website; any and all other services provided on, available through or offered for use on or in connection with the WHERESAFE® Website; all Information; and all Materials.

WHERESAFE® Website means the website currently located at wheresafe.com, any other websites hereafter designated by Provider as a WHERESAFE® Website, and all of their respective constituent web pages. Information means all information provided by, available through, or offered for use on or in connection with WHERESAFE®, including without limitation all information provided on, available through, or offered for use on or in connection with the WHERESAFE® Website. ‘Materials’ means, collectively and severally, every tangible thing you receive from Provider; everything you see or read on the WHERESAFE® Website.

Subscriber Agreement means your Subscriber Agreement with Provider of which these Terms of Use are a part, together with these Terms of Use and any other Exhibits to the Subscriber Agreement. Suppliers means Third Parties that supply goods or services to Provider in connection with WHERESAFE®.

“Third Party” or “Third Parties” means any and all organizations, entities or individuals other than Provider and you. “User” means a person or persons using WHERESAFE®, and includes a Subscriber as defined in the Subscriber Agreement. “You” and “your” refers to you as User.

Use of WHERESAFE® for Lawful, Internal Purposes Only:
You agree and warrant that your use of WHERESAFE® will be solely for your lawful, internal purposes only, and for no other purpose. Without limiting the foregoing, you may not provide or otherwise make available WHERESAFE® to any Third Party. You may not use WHERESAFE® for any purpose that is unlawful or prohibited by these Terms of Use.

You agree that all vehicles being tracked by you are owned by you and you have the right to track/monitor them. You agree this is intended for personal use ONLY and will not be used to track any vehicle or person without consent.

Not for Navigation:
You acknowledge and agree that WHERESAFE® is not a navigational aid, and you agree and warrant that WHERESAFE® will not be used in navigation.

Not for Emergency Use:
You acknowledge and agree that WHERESAFE® is not for emergency use, and you agree and warrant that WHERESAFE® will not be used for emergency purposes. Furthermore, if your device offers an “emergency” button or other emergency functionality you agree that this may send your last known location to the WHERESAFE® server.

Use of Information:
You are solely responsible for your conduct with respect to any Information, including without limitation your conduct in creating, storing, transmitting, disseminating, accessing, receiving, or using any Information.

No Warranties:
USE WHERESAFE® AT YOUR OWN RISK. WHERESAFE® IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Without limiting the foregoing, Provider does not warrant that WHERESAFE® or its operation will be accurate, reliable, uninterrupted, error-free or free of viruses or other harmful agents, nor does Provider warrant that any Information will be accurate, reliable, complete, or timely. You acknowledge that Information may be transmitted via satellite and over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by local and long distance carriers, utilities, satellite companies, communications companies, Internet service providers and other Third Parties, all of which are beyond the control of Provider. You accept all risk arising out or relating to the delay, failure, interruption, corruption, or interception of any Information. No agent or representative has the authority to create any warranty regarding WHERESAFE® on behalf of Provider.

Exclusion and Release of Liability; Exclusion of Consequential Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY BREACH OF, OR OTHER CLAIM RELATING TO, THE SUBSCRIBER AGREEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER SHALL NOT BE LIABLE FOR, AND YOU PROSPECTIVELY WAIVE AND RELEASE PROVIDER FROM, ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF WHERESAFE®, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO OR USE OF THE SECURE ASSET REPORTING SERVICES, THE INFORMATION, THE MATERIALS, OR ANY OTHER SERVICES AVAILABLE THROUGH OR USED IN CONJUNCTION WITH WHERESAFE®; ANY CLAIMS ARISING OUT OF OR RELATING TO THE CREATION, CONTENT, STORAGE, TRANSMITTAL, DISSEMINATION, ACCESSING, RECEIPT, USE, DELAY, FAILURE, INTERRUPTION, CORRUPTION, OR INTERCEPTION OF ANY INFORMATION; AND ANY CLAIMS ARISING OUT OF OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION OR LOSS OF SERVICE; PROVIDED, HOWEVER, THAT THIS SENTENCE SHALL NOT RELEASE PROVIDER OF INTENTIONAL OR WILLFUL MISCONDUCT. IF, DESPITE THE FOREGOING, PROVIDER IS FOUND TO BE LIABLE TO YOU, THEN THE ENTIRE AGGREGATE LIABILITY OF PROVIDER FOR ALL CLAIMS AND CAUSES OF ACTION FOR BREACH OF, OTHER CLAIM RELATING TO, THE SUBSCRIBER AGREEMENT, OR WHICH ARISE OUT OF OR RELATE TO YOUR USE OF WHERESAFE®, WHETHER BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY OR OTHERWISE, FOR ANY PERSONAL INJURY OR ILLNESS OR DEATH, DAMAGE TO OR LOSS OF ANY REAL OR PERSONAL PROPERTY, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, DESTRUCTION OF BUSINESS OR OTHER BUSINESS INJURY, AND ANY OTHER INJURIES OR DAMAGES OF ANY KIND SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE SERVICE FEES ACTUALLY PAID BY YOU UNDER THE SUBSCRIBER AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST OR IMPUTED PROFITS, BUSINESS INTERRUPTION, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR PUNITIVE DAMAGES.

LIMITATIONS OF THE SERVICE

AVAILABILITY OF CERTAIN FEATURES MAY BE LIMITED BY MAKE/MODEL/YEAR OF VEHICLE: The information that we are able to retrieve from your Vehicle may be different than that which we get from other Vehicles based on differences between manufacturers, models and model years. In such cases, you may not receive access to certain features that will be available to other people enrolled in the Program.


OUR COVERAGE AREA: The WHERESAFE® Service is currently available only in the Canada & the USA. HOWEVER, NOT ALL WHERESAFE® SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the WHERESAFE® Service. The Service generally works using wireless communication networks, our Service Partners and the Global Positioning System ("GPS") satellite network. The System receives GPS signals and communicates with our response centers and those of our affiliates or Service Partners through use of wireless communication networks. The WHERESAFE® Service cannot work unless your Vehicle is in a place where Rogers Wireless or its roaming partners has coverage, network capacity, and reception when the service is needed. The aspects of the WHERESAFE® Service that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that location and compatible with the System.

FORCE MAJEURE EVENTS: Various conditions beyond our control may prevent or delay us, our affiliates or our Service Partners (or other third parties) from providing the Service to you, or impair the quality of Service you or your Vehicle may receive. These conditions include, for example and without limitation, atmospheric, geographic, or topographic conditions (such as buildings, hills or tunnels); failure to properly install the System; incompatibility of the System with your Vehicle; damage to or failure to maintain your Vehicle or the System in good working order and in compliance with these Terms of Service or applicable laws, rules or regulations; inclement weather; failure, congestion or outages of utility or wireless networks (including interruption of wireless service); as well as war, acts of God, natural disaster, labor strikes or other acts, forces or causes beyond our, our affiliates and our Service Partners' control. In the event of any of the foregoing prevent or interfere with our provision of service to you, we may, in our discretion, suspend or terminate the Service (in whole or in part) or cancel your subscription, without notice to you and without any liability. Further, we, our affiliates and our Service Partners are not responsible for any Service or the System’s failures, interruptions, delays or impairments due to these causes.


LIMITS ON YOUR USE OF THE WHERESAFE® SERVICE AND THE SYSTEM: You agree not to use the System, the WHERESAFE® Service, any other service we may offer, or the Website and Mobile App, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may not use the WHERESAFE® Service in a manner that interferes with any other customer's use of the WHERESAFE® Service or our provision of the Service to our other customers. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives. We, our affiliates and our Service Partners provide the WHERESAFE® Service, including the messages, data, information, content, or other material provided as part of the WHERESAFE® Service, for your non-commercial use only, and not for re-sale. Certain information you receive through the Service is the property of us, our affiliates, or our Service Partners (or other third parties) and it may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (or permit or cause any other party to) sell or resell or otherwise use anything we provide you for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute it.

Additional Protected Entities:
For purposes of any disclaimers of warranty, any exclusions or limitations of liability or damages, any indemnity provisions, any and all references to "Provider" shall mean Provider, its Suppliers, and their respective officers, directors, agents, shareholders, owners, employees, trustees, administrators, receivers, sureties, insurers, attorneys, successors and predecessors in interest, parent and subsidiary and affiliated corporations, communications providers, partners, licensors and suppliers, attorneys, assigns and receivers of each of the foregoing, past, present and future.

Safety Equipment:
WHERESAFE® is not intended to replace or eliminate the need for any safety equipment. You agree to have and maintain all safety equipment that may be required or advisable with respect to any asset being tracked using WHERESAFE®.

Links to Third Party Sites:
Links to sites operated by Third Parties ("Linked Sites") will let you leave the WHERESAFE® Website. Linked Sites are not under the control of Provider, and Provider is not responsible for the contents of any Linked Sites or any link contained in any Linked Sites, or any changes or updates to such sites. Provider is not responsible for any information, data, or transmission of any kind received from any Linked Sites. Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Provider of any Linked Sites or of any information, product or services.

Indemnification:
You agree to defend, indemnify and hold Provider, its Suppliers, and their respective officers, directors, agents, shareholders, owners, employees, trustees, administrators, receivers, sureties, insurers, attorneys, successors and predecessors in interest, parent and subsidiary and affiliated corporations, communications providers, partners, licensors and suppliers, attorneys, assigns and receivers of each of the foregoing, past, present and future, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, arising from or relating to or alleged to arise from or relate to your use of WHERESAFE®.

Intellectual Property:
Provider or its suppliers shall retain all right, title and interest, including without limitation all copyright, patent, trade secret, trademark and other proprietary rights, in any and all intellectual property embodied in WHERESAFE®, including without limitation all source code, object code, databases, user interface screens, algorithms, development frameworks, repositories, system designs, system flow, processing techniques and procedures related thereto, online and/or printed documentation, copies, and derivatives of any of the foregoing, in whole or in part. You should assume that all Materials are copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted. Except as otherwise expressly provided in this section, you may not copy, distribute, transmit, display, perform, reproduce, publish, modify, rewrite, reverse-engineer, disassemble, de-compile, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), create derivative works from, license, sublicense, transfer, or sell any Information or Materials without the prior written consent of the copyright owner. You agree to comply with all provisions of any license applicable to any software included in Materials. If you violate any of the terms of this section, your permission to use WHERESAFE® will automatically terminate. In addition, violation of the provisions of this section may subject you to severe civil and criminal penalties. No refunds will be provided.

Requests to reproduce Materials should be sent to Provider at: Solutions Into Motion Limited. 20 Roy Boulevard, Unit 15, Brantford, Ontario, N3R 7K2.

Modification of WHERESAFE® Website:
You agree that Provider may modify the appearance or operation of the WHERESAFE® Website at any time for any reason, with or without notice. You agree that Provider will not be liable to you or any Third Party as a result of such modification.

Termination:
Your right to access or use WHERESAFE® will automatically terminate upon the expiration or other termination of your Subscriber Agreement. Terminating your service before the end of the agreed term will result in a cancellation administration fee for each subscriber. These are considered liquidating damages, no penalties will apply. The cancellation charge will be $100.00 or the amount remaining on your term, whichever is less and must be paid for termination for any reason. In the case of the Lease bundle, termination is subject to the Terms and Conditions of your lease with the third party Leasing Company.

Subscription Renewal:
Subscriptions shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the initial term. This automatic renewal allows your service to remain uninterrupted. If you do not wish for your subscription to be automatically renewed, you must manually cancel your subscription by contacting us at 1-888-386-3024 (and requesting a Cancellation Form) prior to the expiration of the then-current term. Upon any term change or cancellation, your subscription will remain active through your then-current term (monthly or yearly); however your subscription will not be automatically renewed upon the expiration of this term. Early cancellation for devices/service under contract will incur a $100.00 early termination administration per unit fee. Subscriptions that have been automatically renewed on a term will be subject to the early administration termination fee.

 

Prepaid yearly bundles - Friendly Chaperone (service renews at $99.95 per year), Toy Tracker $89.95 (service renews at $99.95 per year). Monthly service plans: All monthly service plans will renew at the same monthly rate.

Compliance with Laws:
You are responsible for compliance with all federal, provincial, state, and local laws applicable to your use of WHERESAFE®.

Injunctive Relief:
You agree that Provider will suffer irreparable injury in the event you fail to comply with any of these Terms of Use, and that monetary damages may be inadequate to compensate Provider for such breach. Accordingly, you agree that Provider will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce these Terms of Use.

Survival:
All terms, conditions and warranties contained in these Terms of Use which by their sense and context are intended to survive the performance hereof by the parties hereunder shall survive the completion of the performance, cancellation or termination of the Agreement. Without limiting the foregoing, the provisions entitled "Use of Information," "No Warranties," "Exclusions and Release of Liability; Exclusion of Consequential Damages," "Additional Protected Entities," "Indemnification," and "Jurisdiction and Limitation of Action" shall survive the termination of this Agreement.

Jurisdiction and Limitation of Action:
Exclusive jurisdiction and venue for any dispute with Provider, or which in any way relates to your use of WHERESAFE®, resides in the province or federal courts at Brantford, Ontario, and you consent to the exercise by those courts of personal jurisdiction over you. For purposes of the preceding sentence, "Provider" shall include Provider and all other entities identified in the paragraph entitled "Other Protected Entities." If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity or enforceability of any of the remaining provisions of these Terms of Use. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Provider must be commenced within six months after the claim or cause of action arises, or such claim or cause of action is barred.

Complete Agreement:
The Subscriber Agreement, including these Terms of Use and any other Exhibits to the Subscriber Agreement, constitutes the entire agreement and understanding between Provider and you with respect to your use of WHERESAFE®, superseding all prior or contemporaneous communications and/or understandings. The Subscriber Agreement, including these Terms of Use and any other Exhibits to the Subscriber Agreement, may not be modified except by a subsequent writing signed by Provider and you.

Notices:
Provider may deliver notice to you under the Subscriber Agreement, including these Terms of Use and any other Exhibits to the Subscriber Agreement, by means of electronic mail or by first class mail to the electronic mail address or postal mailing address set out in the Subscriber Agreement. You may give notice to Provider at any time via letter delivered by first class postage to the postal mailing address set out in the Subscriber Agreement. WHERESAFE® service may require additional ’services and/or fees’ from your Wireless Service Providers. These charges are at the discretion of your provided Wireless Service Provider and maybe subject to change.

Last updated: 02/12/2018