PositiveGPS Terms of Service Effective June 1, 2020

Terms of Service Summary:
  1. PositiveGPS Terms of Service (TOS) Agreement
  2. Acceptance of TOS
  3. Description of Services
  4. Terms of Usage Restrictions
  5. Intellectual Property
  6. Use of Content
  7. Limits of Liability
  8. External Links
  9. Unlawful or Prohibited Use
  10. Use of Communication Services
  11. Public Content on PositiveGPS
  12. Linking to PositiveGPS
  13. Privacy Policy
  14. EXCLUSION OF WARRANTIES
  15. LIMITATION OF LIABILITY
  16. General Legal Terms
  17. Payments and contracts
1. PositiveGPS Terms of Service Agreement   back to top
PositiveGPS is a trademark of Viatrax Automation Corporation. Viatrax Automation Corporation will hereby be referred to as "Viatrax". Use of any Viatrax website and its services are subject to the following Terms of Service Agreement, which will hereby be referred to as TOS and or the Terms of Service.
2. Acceptance of TOS   back to top
Viatrax provides its service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice. You may review the most current version of the TOS at this location. In addition, when using particular Viatrax services, you shall be subject to any posted guidelines or rules applicable to such services.

The TOS, and your relationship with Viatrax under the TOS, shall be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You and Viatrax agree to submit to the exclusive jurisdiction of the courts located within the county of New London, Connecticut to resolve any legal matter arising from the TOS. Notwithstanding this, you agree that Viatrax shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
3. Description of Services   back to top
Viatrax provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, downloads, and calendars, etc. and may include a Members Only section that can be accessed only by Viatrax staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOS.
4. TOS or Usage Restrictions   back to top
In order to visit Viatrax websites, purchase, and or download its products, you must be over the age of 13. It is a violation of the TOS to use any Viatrax product while under the age of 13.
5. Intellectual Property   back to top
It is the policy of Viatrax to respond expeditiously to claims of intellectual property infringement. Viatrax will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA). Should a violation of intellectual property be discovered, the document(s) or messages in such violation will be removed in a timely manner after any and all investigating has been completed to prove the authenticity of such a claim.
6. Use of Content   back to top
Use of Viatrax content (documents, white-papers, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not copy, distribute, reproduce, publish, license, sell any information, software, products or services obtained from Viatrax unless expressly permitted by Viatrax. Elements of Viatrax websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to Viatrax is licensed or otherwise published by Viatrax with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.
7. Limits of Liability   back to top
Viatrax makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall Viatrax, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any indirect, incidental, or consequential damages resulting from the use of this website or any linked site.
8. External Links   back to top
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Viatrax as a convenience to its users. Viatrax is not responsible for the materials contained at any website linked to this site.
9. Unlawful or Prohibited Use   back to top
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Viatrax website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Viatrax server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

It is against the terms of service to use the Services without an active subscription. This includes purchasing a PositiveGPS tracker and leaving the PositiveGPS tracker unsubscribed until it needs to be located. There will be no location data available for devices during any unsubscribed period. A PositiveGPS tracker may be placed in a dormant status if it has been unsubscribed for more than 45 days. In order to remove a device from a dormant status, a fee of up to $45 will be required. It will take up to seven days to remove a device from dormant status.
10. Use of Communication Services   back to top
The Communication Services may contain forums, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:
  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Advertise or offer to sell or buy any goods or services.
  • Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
Viatrax reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. Viatrax reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information in any Services. Viatrax does not control or endorse the content, messages or information found in any Communication Services and, therefore, Viatrax specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
11. Public Content on PositiveGPS.com   back to top
Any and all content posted for inclusion in publicly accessible areas of PositiveGPS.com are the responsibility of the creator. Viatrax makes no claims or warranties about such information or its authenticity. Upon posting any content on PositiveGPS.com, you grant PositiveGPS.com the non-exclusive right to publish, modify, and use such content solely for the purpose of displaying such content. No representations made or advice given by Viatrax Members or Moderators should be in any way considered a diagnosis, treatment or cure for any illness, condition, computer support, and or software support, either discussed or implied. No responsibility is taken by Viatrax, its Members or Moderators, for any conceivable consequence which might be related in any fashion to any answer that is freely given to questions on this site.
12. Linking to PositiveGPS   back to top
Any Web site may link to any content on any of PositiveGPS.com websites. However, content from PositiveGPS.com may not be embedded in a frame from the referring site, without the written permission of Viatrax.
13. Privacy Policy   back to top
PositiveGPS's privacy policy is assumed to be in agreement with the TOS.
14. EXCLUSION OF WARRANTIES   back to top
NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT Viatrax’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, Viatrax, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Viatrax OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Viatrax FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY   back to top
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Viatrax, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    • ANY CHANGES WHICH Viatrax MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    • YOUR FAILURE TO PROVIDE Viatrax WITH ACCURATE ACCOUNT INFORMATION;
    • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    • THE LIMITATIONS ON Viatrax’S LIABILITY TO YOU IN SECTION 14 ABOVE SHALL APPLY WHETHER OR NOT Viatrax HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. General Legal Terms   back to top
  • Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the TOS do not affect your legal relationship with these other companies or individuals.
  • The TOS constitute the whole legal agreement between you and Viatrax and govern your use of the Services (but excluding any services which Viatrax may provide to you under a separate written agreement), and completely replace any prior agreements between you and Viatrax in relation to the Services.
  • You agree that if Viatrax does not exercise or enforce any legal right or remedy which is contained in the TOS (or which Viatrax has the benefit of under any applicable law), this will not be taken to be a formal waiver of Viatrax’s rights and that those rights or remedies will still be available to Viatrax.
  • If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
  • You acknowledge and agree that each member of the group of companies of which Viatrax is the parent shall be third party beneficiaries to the TOS and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the TOS which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the terms.
17. Payment and contracts  back to top
Your PositiveGPS Service, which may start with a free trial or prepaid term, will continue month-to-month or year-to-year until you cancel your service or we terminate it.

Payments for PositiveGPS's service will be made using your preferred payment method (Credit Card, PayPal, Cryptocurrency, or any other payment method accepted by PositiveGPS) (your "Payment Method").

By starting your PositiveGPS Service, you authorize us to charge a monthly service fee using your Payment Method.

We will begin billing your Payment Method immediately when you sign up, or after any free trial period or prepaid term. You will not receive a notice that your free trial period or prepaid term has ended and the paying portion of your service has started.

All payments for PositiveGPS Service are non-refundable. There are no refunds or credits for partially used periods.

If for any reason we are unable to successfully bill your Payment Method, we will attempt to notify you to rectify this. Your service will be suspended until payment is received.

You may cancel your PositiveGPS Service at any time using applicable cancellation procedures. The cancellation of PositiveGPS Service will go into effect at the end of your current billing cycle. Your service will continue through the remainder of your final billing cycle.