Terms of Service
TRAC-HUB TERMS OF SALE AND RETURN POLICY / Updated November 1, 2019
TRAC-HUB IS A PRODUCT PROVIDED BY DESIGN COMMUNICATIONS, INC.
These Terms of Sale and Return Policy (“Terms”) govern the purchase of goods and services from Design Communications, Inc., and are hereby incorporated into Design Communications, Inc. Terms of Services, located at http://www.trac-hub.com.
1. Use of the Hardware and Services.
a. The hardware and accessories (“the Hardware”), software (embedded in the Hardware), and services we provide (collectively, the “Services”) are solely for your personal use. Use of the Hardware and Services are intended for users ages 18 and older only.
b. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify Design Communications, Inc. promptly of any such unauthorized access or use. You agree not to give or make available its usernames or passwords or other means to access the Services to any unauthorized individuals and remains responsible for all access to the Services via its usernames and passwords, even if not authorized by you. If you believe that a password or other means to access your account has been lost or stolen or that an unauthorized person has or may attempt to use the Services, you must
notify Design Communications, Inc. immediately.
2. Shipping.
a. Shipping or delivery dates of the Hardware are best estimates only. Design Communications, Inc. reserves the right to make deliveries of the Hardware in installments and shall not be liable for any loss or damage arising from late delivery.
b. You assume the risk of any loss, fire, damage, and theft of the Hardware upon shipment by Design Communications, Inc. to you for your use in accordance with these Terms.
3. Intellectual Property.
a. You have the non-exclusive and non-transferable right to access and use the Software subject to these Terms for the period from your agreement to these Terms to the termination of these Terms. b. You grant Design Communications, Inc. a worldwide license to host, copy, transmit and display your data inputted into the Software and/or created by using the Services.
c. The Software includes software components, map data, and related services licensed to Design Communications, Inc. by various entities (collectively, “Design Communications, Inc.’s Licensors”) and is provided with restricted rights. All right, title and interest in and to the Software and all copies and duplicates thereof, and all related copyrights, trademarks, trade names, trade secrets rights and other intellectual property and proprietary rights and interests, are vested and remain in Design Communications, Inc. and Design Communications, Inc.’s Licensors. You hereby grant to Design Communications, Inc. and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Services.
d. You shall not derive or attempt to derive the source code or structure of the Hardware or Software by reverse engineering, disassembly, decompilation or other means. You shall not decompile, disassemble, reverse engineer, port, translate, modify, copy, transfer, or make derivative works of the Software or attempt to gain unauthorized access to the Software or its related systems or networks.
4. Warranty and Return Policy.
a. If products are purchased from Design Communications, Inc. and you are not happy with the Product or Services, you may return the product for any reason prior to the 30th day after purchase and will be refunded for the cost of the Hardware, provided it is returned in sellable condition, including original packaging. Return address: 2820 Cantrell Road, Little Rock Arkansas 72202.
b. Design Communications, Inc. warrants the Hardware and installation thereof shall conform with instruction manuals, user guides, and/or other information provided by Design Communications, Inc., or posted to its website for a period of thirty (30) days after purchase. In the event that any part of the equipment becomes defective, Design Communications, Inc. agrees to make all repairs and replacement of parts without costs to you for a period of 30 days from the purchase date. Design Communications, Inc. reserves the option to either replace or repair the equipment and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life.
c. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation. The maximum warranty value is the purchase price of the equipment.
d. The above warranties shall be null and void in the event of (1) any alteration, modification, or special configuration made (or attempted to be made) by you to the Hardware or Software; (2) use of the Hardware or Software not in the ordinary course of business; (3) accidents, misuse, abuse, neglect, damage and tampering with the Hardware or Software; (4) connection of the Hardware to an improper voltage supply, or reception or transmission problems caused by inadequate or improper antenna (not
provided by Design Communications, Inc.); (5) excessive water, weather or physical damage to the Hardware; or (6) use of the Hardware with accessories or devices not approved by Design Communications, Inc..
e. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION AND IN ITS RETURN POLICY, DESIGN COMMUNICATIONS, INC. MAKES AND YOU RECEIVE NO OTHER WARRANTY WITH RESPECT TO THE HARDWARE OR SERVICES OR ANY PART OF THEM, WHETHER EXPRESS OR IMPLIED, WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EFFECTIVENESS, COMPLETENESS AND ACCURACY ARE EXPRESSLY EXCLUDED, EXCEPT WHERE PROHIBITED BY LAW, AND WHERE PROHIBITED, ANY SUCH WARRANTY IS LIMITED TO THE MINIMUM WARRANTY AND PERIOD PROVIDED BY LAW. NO EMPLOYEE OR AGENT OF DESIGN COMMUNICATIONS, INC. HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO CUSTOMER, WRITTEN OR ORAL. DESIGN COMMUNICATIONS, INC. DOES NOT WARRANT THAT PROVISION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability.
a. Communication used by the Services are provided by third party telecommunication providers and you understand and agree that signals which are transmitted over telephone lines, wire, airwaves, Internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of Design Communications, Inc. and are not maintained by Design Communications, Inc. and Design Communications, Inc. shall not be responsible for any failure.
b. Design Communications, Inc. shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise. Design Communications, Inc. shall have no liability for excessive data usage expense incurred by you. Electronic data may not be encrypted. You have been advised to independently ascertain that the devices are used lawfully.
Design Communications, Inc. has made no representations and has provided no advice regarding the suitability for a particular application and the use of devices and it is your sole responsibility to use devices lawfully.
c. Design Communications, Inc. shall have no liability for a failure to provide or for delay in providing Services due directly or indirectly to causes beyond the control of Design Communications, Inc. or its subcontractors, including, without limitation, acts of God, or governmental entities, or of the public enemy, dismantling of the GPS network, termination of Services due to actions or omissions of a third party telecommunication provider, including, but not limited to, deactivation/dismantling of a third party telecommunication provider’s networks, acts of the you, strikes, unusually severe weather conditions, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in Federal Communications Commission (“FCC”) frequency authorization or license grant. If Design Communications, Inc. is unable to wholly or partially perform the Services for more than 10 days because of any cause beyond its control, Design Communications, Inc. may terminate these Terms without any liability to you, other than refund of any amounts paid for Services which have not been provided.
d. In no event shall Design Communications, Inc. be liable (whether in contract, tort, including negligence, or otherwise) for any indirect, incidental, consequential, general or exemplary damages, pure economic loss (whether direct or indirect), increased costs, lost revenues, profits, goodwill or data, or damage to property, whether suffered by the you or any other person, arising from or related to any act or omission of Design Communications, Inc. (whether in connection with these Terms or otherwise). Notwithstanding anything in this Section, your sole remedy, and Design Communications, Inc.’s total liability to you, in respect of any defect or failure in any the Hardware shall be limited, at Design Communications, Inc.’s option, to the repair or replacement of the affected Hardware.
6. Term. The term of shall be for an initial period of one month and shall automatically renew for successive one month periods under the same terms and conditions, unless either party gives written notice to the other of their intention not to renew these Terms at least 1 day prior to the expiration of any term. Design Communications, Inc. may terminate these Terms immediately if you are in breach of any of the material terms of these Terms. Upon termination, you shall not use the Services for any purpose.
7. Indemnification. You agree to indemnify, defend and hold Design Communications, Inc. harmless from and against any liability, loss, injury, demand, action, cost, expense or claim arising out of or in connection with any use or possession by you of the data produced by the Services and/or the improper or unauthorized use of the Services.
8. General.
a. If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision shall be deemed limited to the extent required to make it enforceable, or, if necessary, severed from these Terms without affecting the validity and enforceability of the remaining provisions of these Terms.
b. These Terms are fully assignable and transferable by Design Communications, Inc. to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign these Terms without the prior written consent of Design Communications, Inc..
c. These Terms shall be governed by, and construed in accordance with, the laws of the State of Arkansas, without regard to its conflict of law provisions. Any and all actions or proceedings arising out of or relating to these Terms, the Website or our Content, shall be instituted and litigated in a court of competent jurisdiction in Pulaski County, Arkansas. You and Design Communications, Inc. hereby agree to submit to the exclusive personal jurisdiction of the courts located in Pulaski County, Arkansas to resolve any dispute arising out of these Terms, the Website or our Content or your Content.
d. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.