PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ALL PURCHASES ARE SUBJECT TO THE FOLLOWING POLICIES, TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME AT OUR SOLE DISCRETION. CHANGES AND AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE POSTED HERE TO THIS WEBSITE.
- GPS SmartSole® can only be returned in unused, untrimmed and unworn condition.
- Returns must be requested within 14 days of the purchase date. To request a return, contact firstname.lastname@example.org. All returns, other than those initiated by Technical Support in response to a verified local cellular coverage outage, are subject to a restocking fee.
- GPS SmartSole® must be returned in the same condition as received in its original box and/or packaging. The return must have its original packaging intact, including the charging system and printed materials.
- If a non-device embedded insole (left insole) was trimmed or worn to test for fit, a return may be requested minus a $20.00 restocking fee for the non-device insole.
- Returns that do not meet these terms are subject to a restocking fee.
- Buyer is responsible for return shipping back to the seller. A tracking number is required for all return shipments for products valued over $75.00.
- All returns will undergo inspection. With inspection approval, a refund will be issued including the full purchase price INCLUDING activation and standard shipping fees (does not include rush shipping fees, overnight shipping fees or customs/brokerage fees).
- Once a refund has been approved, please allow up to 1 billing cycle for your refund to post with your financial institution.
- Your Subscription will automatically renew under this Agreement. Your Subscription will continue for the length of the initial term you select on your plan and, at the end of your prepaid Subscription, it will automatically renew for additional prepaid periods of the same length unless you cancel your Subscription prior to the renewal date. Your account will automatically be charged at the rates in effect at the time of renewal.
- You may cancel your Subscription by contacting us at 213- 489-3019 or by sending an email to email@example.com. Subscription cancellations are effective within 1 business day of the request date.
- EASY START CUSTOMERS: If GPS SmartSole is purchased through the Easy Start payment program, your service plan cannot be cancelled within the first 6 months. Unauthorized termination or payment failure within the first 6 months is subject to a $300 Early Termination fee.
- PREMIUM or ECONOMY GPS SmartSole Customers: No cancellation fees or early-termination fees. Cancel at any time.
- No refund will be given for unused portions of your subscription period once the charge has been processed.
- Activation fee of $24.95 applies to all activations, including subsequent activations (“reactivations”) after a period of suspension or cancelation.
- Activation fees are not refundable.
3rd Party Network Service Terms
The Device requires sufficient local cellular network Service coverage. Regional Service can be affected by local conditions which are not known to the Company. The actual Service area, network availability, coverage and quality may vary based on factors, including network capacity, terrain, weather, scheduled and unscheduled maintenance events or if your Device no longer supports network technologies available in the area. Outages and interruptions in Service may occur, and speed of Service varies at the network’s discretion. Devices also have varying speed capabilities and may connect to different networks depending on technology. Coverage maps approximate anticipated coverage area outdoors. Even within coverage areas, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other force majeure events may impact speeds and service availability. At times and at locations where the number of customers using the network exceeds available network resources or there are a limited amount of network resources in the area or in operation, customers may experience reduced data speeds or latency in reporting intervals.
A lack of coverage, outage in coverage, or termination of coverage is subject to the network provider and is independent of the Company. The Company cannot be held liable for changes in 3rd party coverage. Customer’s remedy for loss of connectivity includes the option to cancel service or to submit a ticket with Technical Support to reestablish service and receive a credit for the period of lost connectivity. Credits are subject to verification of outage and elapsed time of lost connectivity as determined by Technical Support.
Please contact our support at firstname.lastname@example.org or +1 (877) 489-3019 if you require additional assistance.
U.S. Purchases: If you have made your purchase in the United States, this Limited Warranty is granted by this Limitation of Liability is stipulated for the benefit of GTX CORP, Global Trek Xploration 117 W. 9th St, Ste 1214, Los Angeles, CA 90015, and its affiliated companies.
WHAT THIS WARRANTY COVERS
Global Trek Xploration (seller) warrants to the original purchaser (you) of the hardware with which this Limited Warranty is included (Hardware) that the Hardware will be free from defects in workmanship and materials under normal use (Defects) for a period of ninety (90) days from the date that the Hardware was first purchased by you (warranty period). During the Warranty Period the Hardware will be repaired or replaced at seller’s choice (Limited Warranty) without charge to you for either parts or labor. This Limited Warranty covers the replacement of Hardware only. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire ninety (90) days after the date of the repair.
WHAT THIS WARRANTY DOES NOT COVER
The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorized by seller and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware. Batteries are not covered by this Limited Warranty.
HOW TO MAKE A WARRANTY CLAIM
In order to make a claim of a Defect, you must contact seller during the warranty period at: 213-489-3019 to explain the Defect and obtain an RMA number (Return Materials Authorization) if necessary. You must return the Hardware with all original accessories in the original packaging before expiration of the Warranty Period, along with an explanation of the Defect, to the address provided to you by seller. Buyer is responsible for shipping back to the seller. Seller is responsible for standard shipping cost to ship repaired or replacement products to buyer. The buyer is responsible for any extra charges for requesting expedited shipping services. You must comply with any other return procedures stipulated by seller, if any.
YOUR LEGAL RIGHTS
- This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and jurisdiction to jurisdiction.
- If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect.
- This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
- Except for the Limited Warranty and to the maximum extent permitted by applicable law, seller and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or concerns of: merchantability, non-infringement, quiet enjoyment, system integration, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of viruses, and reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the condition as to title and (ii) any implied warranty as to conformity with description. If any applicable law requires any implied warranties with respects to the Hardware, all such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.
- This Limited Warranty cannot be transferred to any other person.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold GTX CORP, its affiliated companies, and its suppliers and partners (including, without limitation, GTX CORP’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of any location information or the GTX Corp GPS DEVICE generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the GTX Corp GPS DEVICE to meet another User in-person or to locate and attend any offline place or event. GTX CORP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.
LIMITATION OF LIABILITY
- Neither seller nor its suppliers shall be liable to you or to any third party for any indirect, incidental, consequential, special or exemplary damages) including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the arising out of the use or inability to use the Hardware even if seller has been advised of the possibility of such damages.
- Notwithstanding the above, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
- Some states and/or jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.