These terms and conditions (“Terms”) apply to the provision of tracking services by Sprocket, LLC dba Rural First (referred to as “Rural First”, “we” or “us”) to purchasers of any Rural First GPS devices sold by or on behalf of Rural First from time to time for use with the tracking service (each a “Device”). The term “you” refers to the end user of the Device who intends to use the Rural First tracking service provided at http://www.ruralfirst.com, The Rural First tracking service is referred to as the “Service”.
It is a condition of our providing the Service that you accept these Terms and you agree that you have not entered into these Terms in reliance on any statement or representation made by or on behalf of us.
Your Device consists of a GPS tracker, which determines the location of the Device by using signals from GPS satellites, and a cellular carrier, which is used to report that location over the mobile phone network of our preferred supplier, to the Service. Accordingly:
1. You accept that the Device must be able to communicate with the appropriate GPS satellites, by line of sight, so the Device will generally not work indoors or where the line of sight is obscured;
2. You also accept that the Device must be in the reception range of our preferred cellular network supplier. If the Device loses connection, the Service will continue to show the last known location of the Device.
We warrant to you (provided that you are the original purchaser of the Device) that the Device will be free from significant defects in material and workmanship for a period of 1 years from the date of original purchase as shown on your receipt. Should the Device need to be returned, contact us for a return authorisation number before sending it. The Device should then be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase. The warranty does not cover Devices which have been subject to abuse or neglect or which have been tampered with or modified.
As with any GPS or mobile data device, the accuracy of the location information shown on the tracking panel depends on, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore, to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error. At best, the Device is accurate to around 5 metres.
We do not warrant that the Service will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. We will endeavour to fix faults as quickly as we can.
Accordingly, we cannot accept liability for any loss or damage incurred by you or any third party using your Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and Service are appropriate for your needs.
We do not accept liability for death, of or injury to any person caused by our negligence. Apart from such liability, our total liability to you and any third party using your Device, arising out of or in connection with the Device or the Service, and whether in contract, tort (including negligence) or otherwise, will be limited to the aggregate of the price paid for the Device and the most recent charges paid for the Service (if any). We do not accept liability for any indirect or consequential losses or for loss of profit, business or revenue, whether direct or indirect.
If at any time we believe that you have broken these Terms or the terms of any other agreement with us, or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform you by text or e-mail to the contact details you have given us if we have taken, or intend to take such action.
Use Of Information
We will collect personal information about you when you register with us, to enable us to set up an account with us and with our mobile phone provider, and so that we can provide the Service to you. As part of the Service, we will send you SMS, e-mails and other messages and alerts in accordance with the way you have configured the Service and to inform you of changes or problems. It is important therefore that you keep your contact details up to date.
In order to provide the Service, we may store or process your data outside the US. By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above.
We will not give your information to any third parties for marketing purposes or disclose them to anyone other than as needed to provide the Service or as required by any applicable laws or civil authorities.
PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person’s consent. We cannot accept liability in respect of any such use, whether with or without consent.
Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with Missouri law and the parties agree to submit to the exclusive jurisdiction of the Missouri courts.