Last Updated: August 12, 2013
Important Message from your Cellular Provider (AT&T, Sprint, T-Mobile, Verizon Wireless and others).
It may be an offense in your jurisdiction to monitor the activities of other individuals. You must review and comply with all Federal, State and local laws. If you are an employer, you represent and warrant that you will only make use of the Service on phones that you own and control and that you provide to employees solely for employment related purposes. You must ensure you have the express consent of all owners and any users of all cell phones you monitor, unless they are your minor child or you have been appointed a guardian, ward or other legal custodian of the individual being monitored, such as an elderly parent.
ACCEPTING THE TERMS
By accessing the Site or using any of the features, functions, information and/or tools and services located on the Site, whether as a Visitor or registered Customer, you agree to be bound by this Agreement. If you wish to become a Customer and make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. If you are under 18 years of age you may not accept this Agreement or use the Service. If you accept this Agreement, you represent that you have the capacity to be bound by it, and if you are acting on behalf of a company or entity you represent that you have the authority to bind such entity.
By registering any mobile device(s) on the Service, Customer agrees and understands that information concerning the location of the device(s) may be disclosed to others as part of the Service.
a. The Service consists of a hosted Web enabled application, data access and third party network access in order to obtain location information (latitude, longitude and radius) from mobile devices under your ownership and/or control.
b. Customer is responsible for obtaining and maintaining all computer hardware, software, communications equipment needed to access the Service, and paying for all access charges incurred while using the Service.
c. Upon your acceptance of this Agreement, SSD will provide Customer with login access to the Service for the term of the Agreement.
d. At the commencement of this Agreement, Customer must register for an account on the Site and have an active mobile device on one of the following wireless carrier’s networks: At&T, Boost, H2O Wireless, MetroPCS, Sprint, T-Mobile, Tracfone, US Cellular, Verizon and Virgin Mobile. Messaging and data rates may apply.
e. Customer must enroll and register each mobile device they intend to use with the Service. Location coordinate data (latitude, longitude and radius) will only be obtained and made available to the Customer when the opt-in registration process has been successfully completed by the Customer.
f. Opt-in is confirmed by a positive confirmation in response to the following message: " zoomlocate.com: To enable phone location, reply YES. Reply HELP for help, reply STOP to cancel. Msg&Data rates may apply. Up to 3msgs/mo. Pwd by LocationSmart "
g. Device locate requests are controlled by Customer from your secure portal. Location requests will only be performed when Customer makes such requests from the secure portal area.
h. All location data information gathered by the Customer is for the Customer’s sole use. SSD will never resell or give-away Customer location information data. Location data is only stored on our system for as long as customer is logged into the current session.
i. Customer acknowledges and agrees that the Service uses industry standard cellular wireless communications services to provide the Service. Therefore, mobile devices must be on and within cellular coverage to communicate. Customer further acknowledges and agrees that SSD is not the underlying wireless carrier and that SSD may contract with third parties from time to time in connection with the provision of the Service.
If you texted the word "YES" to the short code and did not receive a response, it's likely that your mobile phone carrier is blocking text messages from Short Codes. Short codes are non-standard phone numbers, and may also be known as Promotional Codes or Computer Generated Codes.
To fix this challenge, contact your mobile phone provider and ask that they enable your account to receive text messages from Short Codes. Make sure to inquire how long it will take for the change to be effective and to receive a text message.
LOCATION PRIVACYLocation coordinate data (latitude, longitude and radius) will only be obtained when a registered account holder has authorized or opted-in to the service, and when the registered account holder initiates a request for the location information from within our secure application.
The agreement process is commenced by a registered account holder enrolling a mobile device. The enrolment process begins by sending an Opt-In SMS text message to a mobile phone which is owned and/or under their legal control.
The mobile phone user can then accept this agreement by replying YES to the Opt-in SMS text message (see "The Service"). At any time the registered account holder can cancel the SSD Service’s ability to obtain the location coordinates of their phone by replying STOP to the Opt-In SMS text message or by sending STOP to 84787. Message and data rates may apply.
Subject to the provisions of this Agreement, SSD hereby grants to Customer a personal, non-exclusive, non-sub-licensable, non-transferable, revocable license ("License") to use the Service only in accordance with the terms of this Agreement during the term hereof. The license allows Customer and any person authorized by Customer (collectively, "Users") to access the Site for Customer’s own use only and otherwise in accordance with this Agreement.
Customer will not, and will not allow its Users, or agents, directly or indirectly to:
a. reverse assemble, reverse engineer, decompile or otherwise attempt to derive source code or underlying ideas or algorithms from the Service or any software or any component thereof;
b. Copy, reproduce, modify, translate or create derivative works of the Service, or any software or component thereof other than as expressly agreed to in this Agreement;
c. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit in any way the Service, or any software or any component thereof other than as expressly agreed to in this Agreement.
d. Use, or permit the use of the Service or any component thereof to perform information processing or any other function whatsoever for any other person, entity or business including providing information processing for a third party in any service bureau, time sharing, lease, distribution, resale, rental, service provider agreement or any other arrangement;
e. Remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary rights legends from the SSD Materials (as defined below);
f. Disclose or grant access to any User Access Code (as defined below), the Service or any component thereof to any third party;
g. Use the Service (i) for any unlawful, unsafe, malicious or abusive purpose, (ii) for interfering with others’ use of the Service (iii) in such a way as to defraud SSD or any third party or (iv) to create damage or risk to SSD or any third party’s business, network or facilities.
h. It is the responsibility of the Customer to ascertain and comply with all applicable Local, State, and Federal laws in regard to use of the Service. Customer should consult with an Attorney regarding such laws if clarification is required.
USER ACCOUNT, PASSWORD & SECURITY
To open an account to use the Service, Customer must complete the registration process by providing SSD with current, complete and accurate information as requested. Inaccurate details may result in suspension or termination of access to the Service without refund. Customer will login to the Site using a current valid email address and a password of customers choosing. Customer is entirely responsible for maintaining confidentiality with regard to its password and account information. Customer is also entirely responsible for any and all activities that occur under its account. SSD is not liable for any third party claims and/or actions taken with respect to services offered, all of which liability shall be solely borne by Customer.
Customer understands and agrees that the Service provides an approximate location of the mobile device(s) and that accuracy of results are not guaranteed. In order for the Service to work, the device(s) must be registered, turned on, charged and located in an area with network coverage by a carrier with whom the Service is integrated, amongst other factors. Accuracy of the location results is subject to network capabilities, environmental conditions, and other factors associated with use of wireless networks, satellites and satellite data. Customer agrees that results obtained from the Service may not be timely or reliable. The service currently works on devices located in the United States only.
FEESIn consideration for providing the Service and the License, Customer shall pay to SSD a monthly subscription fee. The fee are set out and detailed in Customer’s application for the Service (collectively the "Fees"), without any set-off or deductions of any kind, as such Fees may be amended from time to time in accordance with the terms hereof. SSD shall have the right to increase the Fees at any time during the Term of this Agreement. The increase in Fees shall be effective on the date stipulated in such notice. All sales of the Service are final and all charges from those sales are non-refundable. Service Fees entitle Customer to a number of locates per month based upon the service plan selected. Unused "locates" for any month are not refundable and do not rollover to future months. Current standard service fees are detailed on the Site.
METHOD OF PAYMENT
All payments must be made by VISA, MasterCard, Discover, or AMEX. By submitting Customer’s application for the Service to SSD, Customer authorizes SSD to charge Customer’s card as required for Customer to pay SSD any and all amounts due from Customer under this Agreement. Customer’s card issuer agreement governs Customer’s use of Customer’s designated card, and Customer should refer to that agreement to determine Customer’s rights and liabilities as a cardholder.
CANCELLATION, SUSPENSION & TERMINATION OF SERVICE
SSD reserves the right without prejudice to any other rights to suspend and/or terminate the Service at any time for any or no reason and without notice to Customer. Customer may terminate the Service at any time by visiting http://www.zoomlocate.com or by sending an email to email@example.com. Upon termination of the Service, SSD shall have no liability to Customer or any other further obligations under this Agreement.
USE OF LOCATION INFORMATION
Location data will be used solely to provide a registered account holder with position information when a request is made by the registered account holder.
All customer data will be used only by SSD to provide the account holder with location information. We will not pass-on or re-sell your data to any third party. Location coordinate data is transmitted via SSL technology into password protected servers.
REMEDIES IN THE EVENT OF FAILURE TO PAY
If Customer defaults in payment of any amount when due, then SSD may and in its sole discretion, (i) suspend or deny Customer’s access to or use of the until such failure is remedied; and/or (ii) terminate this Agreement.
OWNERSHIP OF CUSTOMER DATA
SSD acknowledges that all Customer data, including data transmitted by Customer to SSD for processing using the SSD Service ("Customer Data") and Customer systems used by Customer to access the SSD Service shall be and remain the property of Customer. SSD shall have the right to use and reproduce Customer Data solely to the extent necessary to provide the Service and fulfill its obligations to Customer hereunder.
ACCESS TO THE SERVICE
Customer is responsible for obtaining all hardware, software and services which are necessary to connect to the Site and access the Service including all computers, Web browsers, and services provided by an Internet service provider.
The service is currently compatible with the following wireless carriers, in the United States and its territories: At&T, Boost, H2O Wireless, MetroPCS, Sprint, T-Mobile, Tracfone, US Cellular, Verizon and Virgin Mobile.
It is SSD’s policy to respect Customer’s privacy. SSD will never rent, lease, sell or give away any Customer information to third parties for marketing purposes. SSD will not monitor, edit, or disclose any personal information about Customer or Customer’s SSD account, including its contents, without Customer’s prior permission unless SSD has a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of SSD; (c) enforce this Agreement or protect SSD's business or reputation, including upon termination, cancellation or suspension of this Agreement by SSD; (d) respond to any request for identification in connection with claim of copyright or trademark infringement by Customer; (e) prevent imminent physical injury or harm to any person or prevent any suspected infringing, illegal or improper activity; in either of which event, such information shall be disclosed to any law enforcement agency making such request in regards to criminal activity; or (f) act to protect the interests of Customer or others. Customer agrees that SSD may access its account, including its contents, as stated above or to respond to service or technical issues.
CUSTOMER HEREBY GRANTS SSD THE RIGHT TO SEND CUSTOMER COMMUNICATIONS VIA SMS, E-MAIL FOR HANDSET REGISTRATION, OR ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION RELATING TO THE SERVICE THAT SSD DEEMS IMPORTANT FOR CUSTOMER TO KNOW.
CUSTOMER SECURITY RESPONSIBILITIES
To the extent deemed necessary by Customer, Customer shall implement security procedures necessary to limit access to the Service to Customer and any of Customer’s authorized Users. Customer shall notify SSD immediately if there is a security breach or unauthorized use of the Service. Customer shall permit SSD to review/audit Customer’s use of the SSD Site and the SSD Service.
SSD will not be responsible or liable for any loss or damage to Customer’s Data or any inconvenience suffered by Customer or by any third person arising out of the use of the Service by Customer.
RIGHT TO MODIFY
SSD may from time to time, in its sole discretion, change some or all of the functionality or any component of the Service or make any modification for the purpose of improving the performance, service quality, error correction or to maintain the competitiveness of the Service.
AS IS, WITH ALL FAULTS
SSD provides the SSD Site and Service to Customer on an "AS IS" and "WITH ALL FAULTS" basis.
a. SSD expressly disclaims any and all representations and warranties of any kind or nature, express or implied, including representations and warranties of satisfactory quality, performance, merchantability, merchantable quality, durability, fitness for a particular purpose, title and those arising by statute or otherwise in law or from a course of dealing or use of trade.
b. (b) SSD does not represent or warrant that: (i) the service will meet customer's requirements or expectations; (ii) the service will be error-free or uninterrupted or that the results obtained from their use will be accurate or reliable; or (iii) that all deficiencies in the service can be found or corrected. Further, the service may be interrupted or unavailable for the purposes of performing maintenance or upgrades. SSD will not be responsible for: (a) service impairments caused by acts within the control of customer or any user; (b) interoperability of specific customer applications or equipment; (c) inability of customer to access or interact with any other service provider through the internet, other networks or users that comprise the internet or the informational or computing resources available through the internet; (d) interaction with other service providers, networks, users or informational or computing resources through the internet; (e) service provided by other service providers; or (f) performance impairments caused elsewhere on the internet.
c. SSD does not warrant that the service or its operation will be accurate, reliable, uninterrupted, error-free or free of viruses or other harmful agents. Under no circumstances, including negligence, will SSD or anyone else involved in administering, maintaining or providing the service be liable for any indirect, incidental, punitive, special or consequential damages that result from the use of or inability to use the service, including personal injury, death, loss of revenue or lost profits, or damages that result from mistakes, omissions, service interruptions, server downtime, errors, defects, viruses, delays in operation or transmission, or failure of performance, of the service, even if SSD has been advised of the possibility of such damages.
Limit of liability
a. For any breach or default by SSD of any of the provisions of this agreement, or with respect to any claim arising herefrom or related hereto, SSD’s entire liability shall in no event exceed the lesser of the following: (i) the fees paid to SSD by customer pursuant to this agreement in the calendar month immediately preceding the claim, or (ii) in the aggregate with respect to all claims made under or related to this agreement, the amount paid by customer under this agreement.
b. In no event will SSD be liable for direct, special, incidental, indirect, or consequential loss or damage, lost business revenue, loss of profits, loss of data, loss of cover, damages for delay, punitive or exemplary damages, failure to realize expected profits or savings or any claim against customer by any other person, even if SSD has been advised of the possibility of any such losses or damages.
c. SSD shall not be liable for unauthorized access to or alteration, theft, loss or destruction of any data, equipment or services, including through accident, fraudulent means or devices, or any other method.
d. SSD shall be liable to customer only as expressly provided in this agreement but shall have no other obligation, duty, or liability whatsoever in contract, tort (including but not limited to negligence) or otherwise to customer. The limitations, exclusions and disclaimers in this agreement shall apply irrespective of the nature of the cause of action, demand, or action by customer, including breach of contract, negligence, tort, or any other legal theory and shall survive a fundamental breach or breaches or the failure of the essential purpose of this agreement or of any remedy contained herein. Some states and jurisdictions do not allow limitations on duration or the exclusion of an implied warranty, so the above limitation may not apply to you. You may also have additional rights not stated in this document.
e. Neither party shall be responsible or liable for any loss, damage or inconvenience suffered by the other or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the other party to comply with its obligations under this Agreement.
f. Neither party may bring an action, regardless of form, arising out of or related to this Agreement (other than to recover fees or expenses due to SSD) more than one year after the cause of action has arisen or the date of discovery of such cause, whichever is later.
g. Customer agrees to indemnify and hold SSD, its affiliates, employees, officers, directors and shareholders harmless from and against any claims, suits, actions or proceedings ("Claims") brought and damages, costs (including attorneys’ fees) or judgments awarded against SSD that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of Customer’s use of the Service or Customer’s actions; (ii) breach by Customer of this Agreement; or (iii) Customer’s failure to comply with all applicable laws. SSD shall give Customer prompt written notice of such Claims, permit Customer to defend (with counsel reasonably acceptable to SSD) and/or settle such Claims (upon terms reasonably acceptable to SSD), and give Customer all information and assistance reasonably requested by Customer in connection with such Claims.
Customer shall indemnify and hold harmless SSD and the third-party providers and their respective officers, employees, and agents (each an "indemnitee") against any and all claims, including claims for libel, slander, or any property damage, personal injury or death, arising in any way, directly or indirectly, in connection with this agreement or the use, failure to use, or inability to use the service, except where the claim results from such indemnitee’s gross negligence or willful misconduct. This indemnity shall survive the termination of the agreement.
The term of this Agreement is from calendar month to calendar month, with the commencement of the Agreement on the day on which the customer signs up to one of the service plans. The term shall be automatically extended on the same day of each succeeding calendar month, unless terminated by Customer or SSD in accordance with the terms of this Agreement.
a. This Agreement may be terminated or Service suspended by SSD (i) if Customer fails to make any payment when due, or (ii) immediately, without notice or liability to SSD, in the event of a breach by Customer of any of Customer’s obligations under this Agreement.
b. The Agreement may also be terminated by either party (i) by either party providing the other party at least 24 hours prior to the commencement of the next billing period a service termination notice. This can take the form of an email from Customer to SSD. For the purpose of clarity, this means that any notice of termination provided fewer than 24 hours before the day on which recurring billing commences shall be effective from the following month (ii) in the event the other party materially breaches any of its duties, obligations or responsibilities under this Agreement, and fails to cure such breach within thirty (30) days after receipt by the breaching party of written notice specifying the breach; or (iii) in the event: (a) a receiver, trustee, administrator, or administrative receiver is appointed for the other party or its property; (b) the other party makes an assignment for the benefit of creditors; (c) any proceedings are commenced against the other party under any bankruptcy, insolvency, or debtor’s relief law, and such proceedings shall not be vacated or set aside within thirty (30) days from the date of commencement thereof; or (d) the other party is liquidated or dissolved.
EFFECT OF TERMINATION
Except to the extent agreed to in writing by the parties, upon the termination of this Agreement:
a. SSD shall be entitled to immediately cease providing the Service;
b. SSD shall be entitled to immediately terminate Customer’s access to the SSD Site;
c. SSD shall have no obligation to refund any amounts to Customer.
d. Customer shall, and shall cause its Users to, immediately and permanently cease to use, in any manner whatsoever, the SSD Service and the User Access Codes; and
e. the License granted hereunder will automatically terminate.
The parties agree that the provisions of the Agreement requiring performance or fulfillment after the expiry or earlier termination of this Agreement shall survive such expiry or earlier termination. The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, confidential information, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
a. Notice. SSD may give notice by means of a general notice through the Service or by electronic mail to Customer’s e-mail address of record. Customer may give notice to SSD at any time by email to firstname.lastname@example.org.
b. Force Majeure. If the performance of this Agreement, or any obligation there under except the making of payments hereunder is prevented, restricted, or interfered with by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall promptly resume performance hereunder whenever such causes are removed.
c. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
d. Assignment. Customer may not, without SSD's prior written consent (which may be given or withheld in its sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third person. SSD may assign this Agreement to any person or entity without the consent of Customer. SSD may delegate to affiliates of SSD and to agents, suppliers and contractors of SSD any of the obligations herein imposed upon SSD and SSD may disclose to any such persons any information required by them to perform the duties so delegated to them.
e. Amendment and Waiver. SSD reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time. Continued use of the Service after any such change shall constitute your consent to such changes. A failure or delay by SSD to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
f. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of England and Wales without reference to conflict or choice of law rules or principles. The parties hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named court, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced by such court.
g. Forum for Disputes. You also acknowledge and understand that, with respect to any dispute with SSD, its officers, directors, employees, agents or affiliates, relating to or arising from your use of The Service or this Agreement: You are giving up your right to have a trial by jury; and you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute.
h. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
i. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) "or" has the inclusive meaning frequently identified with the phrase "and/or," (iv) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation," and (v) references to "hereunder," "herein" or "hereof" relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party and that ambiguities shall not be interpreted against the drafting party.
j. Attorneys’ Fees. If any legal action is necessary in order to enforce any of the terms of this Agreement or the relationship between Customer and SSD, the prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
k. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements between the parties, relating to the subject matter contained herein and merges all prior discussions between them, and neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and executed by a duly authorized officer or representative of the party to be bound thereby.
Write to us at: Surestream Digital Limited, St Stephens House, Windsor, SL4 1RU, United Kingdom. Call us on: (858) 260-3194, or email us: email@example.com.