Cycle Protect's Terms & Conditions
This Agreement describes the terms and conditions regarding the "GPS Plan", hardware and any other services purchased by you (hereinafter referred to as "Subscriber") from Cycle Protect (hereinafter referred to as "Cycle Protect"). These terms and conditions also apply to additional services and any updates and improvements to services selected by Subscriber at this time or hereafter (all of the above collectively referred to as the "Services"). Subscriber's purchase, activation and/or receipt of Cycle Protect Services shall constitute Subscriber's Agreement to be bound by these terms and conditions.
1. Availability & Interruption of Services. Services are available to Subscriber only: (a) within the 48 contiguous United States, Alaska, Hawaii, Puerto Rico, Canada and Mexico; (b) if hardware enabling the Services ("Hardware") is installed correctly according to the instruction manual; (c) when the Cycle Protect equipped vehicle ("Vehicle") is within the operation range of the wireless service provider; and (d) during the period for which Subscriber paid for Services. Subscriber acknowledges and agrees that no form of communication is error-free and that Services are subject to wireless transmission capacity and equipment limitations, atmospheric and topographic conditions, configuration of the Vehicle and other conditions Cycle Protect does not control. Signals from the Vehicle are transmitted to Cycle Protect over wireless networks and, if signal transmissions or Services are interrupted at any time or for any reason, such events are wholly beyond Cycle Protects control. Global-positioning capabilities used to deliver Services will not be available in all areas at all times. Cycle Protect will use reasonable efforts to contact the appropriate third-party service provider and request assistance, but cannot promise they will respond in a timely manner, or at all. Cycle Protect will not be liable if the Services are interrupted by strike, riot, flood, storms, earthquakes, fires, power failures, insurrection, interruption or unavailability of telephone service, faulty telephone lines, faulty or unavailable cellular/radio transmitters and/or receivers, any damage to Cycle Protects equipment or facilities, acts of God, or any other cause beyond the control of Cycle Protect. Cycle Protect is not required to provide the Services while any such interruption continues.
2. Subscriber Responsibilities. It is the Subscriber's responsibility to ensure that the hardware is properly maintained. The hardware may not function if the vehicle's battery is discharged or disconnected for more than 3 hours. Cycle Protect may change the Hardware's software or programming over the air without notice. Subscriber's Hardware may also contain software that prevents it from being used with any other company's wireless service. Subscriber will promptly notify Cycle Protect if the hardware, services, features or signal is not working properly. Subscriber acknowledges and agrees that the use of any information, including, without limitation, financial transaction activity, financial account information, and other information or features available through the use of the Services is at Subscriber's sole risk and responsibility. Subscriber is solely responsible for any features or commands that are activated or modified, and the use of data or services obtained using Subscriber's Account Identification Number ("Account ID") or other Security data, including, but not limited to Subscriber's password. None of the third-party service providers shall be under a duty to inquire as to the authority or propriety of any instructions given through the Services by Subscriber, or via Subscriber's Account ID, or other Security data. Subscriber acknowledges and agrees that Cycle Protect and any third-party service providers shall not be liable for any loss, cost, expense or other liability arising out of any such instructions. Services made available by, or in conjunction with, third-parties are subject to the terms and conditions set forth by such third-party in applicable user or other Agreements.
If Subscriber determines that Subscriber's vehicle has been moved or is "missing", Cycle Protect has no way of determining whether Subscriber's vehicle was stolen, borrowed, towed or moved for any other reason. Therefore, Subscriber acknowledges and agrees that Cycle Protects sole obligation in such an event is to attempt to locate or "track" Subscriber's vehicle in accordance with the terms and conditions of this Agreement. If Subscriber believes that Subscriber's vehicle has been stolen, it is Subscriber's responsibility to contact the appropriate law enforcement authority, file required reports and initiate the stolen-vehicle recovery process. Subscribers that only purchase a "Protector" package are required to file a stolen-vehicle report and supply the report file number to a Cycle Protect agent before any vehicle location information will be provided.
Subscriber is responsible for notifying Cycle Protect of any change in ownership of the vehicle within 60 days after the sale. Further, Subscriber is responsible for ensuring that Vehicle is "activated" for Services. Subscriber agrees not to use the Services for any fraudulent, unlawful or abusive purpose or in a way that interferes with, creates or risks damage to Cycle Protects business, reputation, employees, facilities, third-parties, including, but not limited to, the wireless carriers. A breach of this covenant may result in termination of this Agreement, forfeiture of any refunds and/or discontinuation of Services by Cycle Protect. Subscriber will be responsible for payment of all expenses incurred by Cycle Protect as a result of such fraudulent, unlawful or abusive use.
If Cycle Protect determines that Subscriber's usage of any Services is so excessive that it interferes, or could interfere, with Cycle Protects ability to provide Services to other customers, or if Cycle Protect determines that Subscriber's usage constitutes a nuisance, or is otherwise not consistent with the terms of this Agreement, then Cycle Protect may, in its discretion, suspend, modify or terminate the Services provided to Subscriber without advance notice.
3. Intellectual Property and Ownership. (a) Subscriber acknowledges and agrees that (i) the Cycle Protect Product(s) contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and (ii) all intellectual property rights in and to the Cycle Protect Product(s), including all future enhancements and releases, are and shall remain the sole property of Cycle Protect. (b) Subscriber acknowledges that they will not compete or reverse engineer any Cycle Protect Products.
4. Cycle Protect Obligation. Subscriber and Cycle Protect agree that Cycle Protect's only obligation under this Agreement is to monitor signals received from Subscriber's vehicle and make a reasonable effort to notify the appropriate party, including those whose names and telephone numbers or e-mail addresses are listed in the Notification section of the Subscriber's Unit/Vehicle Information webpage. Because contact information found in the Notification section is entered and modified solely by Subscriber, Cycle Protect shall have no duty to investigate whether the information found in the Notification section, or any other section of Subscriber's Account, Unit and/or Vehicle Information webpage is accurate or has been changed. Cycle Protect shall have no duty to inspect and test the vehicle or any vehicle systems.
5. Payments. Charges for all Cycle Protect hardware are payable in advance upon execution of this Agreement.
Basic Package Price: $599.00
Premium Package (with Immobilizer): $719.00
Includes 1 Year Airtime with 50 messages each month*
* A message originating with the motorcycle is 1 message i.e. an alarm notification. To locate a motorcycle takes 2 messages (1 out to the motorcycle from the internet and 1 back with the location)
* Included with all of the Cycle Protect message plans is unlimited use of the Cycle Protect GPS website.
Second Year Renewal:
Basic Plan
Includes 10 messages at 48.00 a year.
** All messages over 10 = 20 cents (.20) per message
Silver Plan
Includes 120 messages (or 10 a month) at 59.50 a year. SAVINGS OF 15%
** All messages over 120 = 20 cents (.20) per message
Gold Plan
Includes 500 messages (or 42 a month) at 109.50 a year. SAVINGS OF 25%
** All messages over 500 = 20 cents (.20) per message
Cycle Protect requires a one year GPS contract. After the first year the customer will automatically be notified to renew for the next year. Should the customer cancel after the first year, there is no charge. A 30 day written cancellation notice is required. If customers cancel before the end of the 1st year, there is a $100.00 charge. Cycle Protect is the only GPS & Alarm Company that has a 100% money back guarantee. If our customers are unhappy for any reason in the first 30 days, we give their money back.
6. Activation, Transfer and Termination of Service. Cycle Protect is not obligated to begin providing the Services or "Activate" unit until it has: (1) received payment from Subscriber for all required charges; (2) received a fully executed copy of this Agreement; and (3) received valid test signals from Subscriber's vehicle after hardware has been installed. Cycle Protect will accept requests to reactivate, transfer or terminate Services for Subscriber's vehicle only from Subscriber or Subscriber's agent. Upon notification to Cycle Protect of change of ownership, Subscriber has two options related to transfer or termination of Services and Hardware. The first option is to remove Hardware and reinstall it in another vehicle owned by Subscriber, leaving Services and Subscriber's account unaffected. The second option is to leave Hardware in the vehicle being sold and request a transfer of Hardware and the remaining balance of the Activation plan to a new account ("Buyer"). The Buyer shall then be required to contact Cycle Protect to "activate" Services. A transfer fee of $25.00 will be charged to the Buyer at the time of activation. This Agreement shall remain effective until termination as provided in the following paragraph.
Subscriber may terminate this Agreement upon delivery of written notice at any time, and for any reason, but may be charged an early termination fee. Upon termination, Services will be disabled. Cycle Protect has the right to discontinue Services and/or terminate this Agreement at any time without notice if Subscriber defaults in the payment of any sum hereunder, breaches any obligation or representation herein, or fails to perform any of the Subscriber's obligations at the time and in the manner specified herein. Upon termination, Services will be disabled. In such event, Subscriber agrees that Cycle Protect may stop monitoring or processing any signals that may be associated herewith.
The remedies in this Section are not exclusive, but are in addition to all other remedies provided by law or in equity. Cycle Protect's failure at any time to require strict performance by Subscriber of any of Subscriber's obligations shall not waive Cycle Protect's right to demand strict compliance with any provision of this Agreement. In the event of termination by Subscriber or Cycle Protect pursuant to this Section, Subscriber will be responsible for payment of all outstanding balances accrued under this Agreement through the date of termination, and such charges will be immediately due and payable. Subscriber may be eligible for a refund for any remaining term of Subscriber's Activation plan. Subscriber is not entitled to a refund for the cost of hardware.
7. Changes to Service and Terms & Conditions. Cycle Protect reserves the right to modify any and all terms, including but not limited to, rates, charges, scope of Services, GPS plans, promotions and other such programs at any time during the term of this Agreement upon notice to Subscriber (see Section 7 "Notice"). Subscriber has the right to terminate this Agreement within fifteen (15) days after receiving our notice of a change, it will be conclusively deemed that Subscriber accepts the changed terms and, accordingly, they will be binding on Subscriber and Cycle Protect.
8. Notice. Notices to Subscriber shall be deemed given if deposited in the U.S. Mail, addressed to the address existing in the Subscriber's Account Information webpage at the time of mailing. Notice to Cycle Protect shall be deemed given when received by Cycle Protect at the following address, or when Subscriber calls Cycle Protect pursuant to the terms herein: 4200 Starr Jordan Drive, Annandale, VA 22003.
9. No Warranties. HARDWARE IS COVERED BY A LIMITED WARRANTY; HOWEVER, CYCLE PROTECT, ITS DISTRIBUTORS, AGENTS, REPRESENTATIVES, VEHICLE DEALERS, WIRELESS SERVICE PROVIDERS, THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING SERVICES, INCLUDING WITHOUT LIMITATION, THE ACCESS, SPEED OR AVAILABILITY THEREOF, ACCURACY OF INFORMATION, CONTENT, OR OTHER MATERIAL PROVIDED OR MADE AVAILABLE HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION, NOTIFICATION OR INFORMATION FOR WHICH IT WAS INTENDED. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED.
10. Limitation of Liability & Indemnification. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, NONPERFORMANCE HEREUNDER BY Cycle Protect AND ITS THIRD-PARTY SERVICE PROVIDERS ("SERVICE PROVIDER") SHALL BE EXCUSED IF CAUSED BY ACT OR OMISSION OF A SERVICE PROVIDER, INCLUDING EQUIPMENT FAILURE, ACTS OF GOD, STRIKES, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND SERVICE PROVIDERS' CONTROL. NEITHER Cycle Protect NOR ANY OTHER SERVICE PROVIDER IS LIABLE TO SUBSCRIBER FOR INTERRUPTED SERVICES OR PROBLEMS CAUSED BY, OR CONTRIBUTED TO BY, SUBSCRIBER, BY ANY THIRD PARTY, BY BUILDINGS, HILL, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS OR OTHER THINGS SERVICE PROVIDER DOES NOT CONTROL, OR BY ANY ACT OF GOD OR NATURAL DISASTER.
IN ADDITION, THE LIABILITY OF Cycle Protect FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT, UNAUTHORIZED ACCESS, THEFT, OR OTHER FAILURE IN THE SERVICES FURNISHED SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PRORATED GPS PLAN CHARGES TO SUBSCRIBER FOR SAID SERVICE DURING THE PERIOD SO AFFECTED, PROVIDED THAT NO LIABILITY SHALL RESULT FROM OUTAGES OF 24 HOURS OR LESS. SUBSCRIBER MUST NOTIFY Cycle Protect WITHIN 30 DAYS OF THE TIME WHEN THE INTERRUPTION STARTED TO RECEIVE CREDIT. BY ENTERING THIS AGREEMENT SUBSCRIBER AND Cycle Protect ARE WAIVING IMPORTANT RIGHTS. SUBSCRIBER AGREES THAT Cycle Protect's MAXIMUM LIABILITY TO SUBSCRIBER UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCT LIABILITY, IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO SUBSCRIBER FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR. IN NO EVENT SHALL Cycle Protect BE LIABLE TO SUBSCRIBER FOR: (1) ANY COST, DELAY OR INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES PROVIDED UNDER THIS AGREEMENT; OR (2) INJURIES TO PERSONS OR PROPERTY ARISING FROM THE SUBSCRIBER'S USE OF THE HARDWARE OR THE SERVICE OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE HARDWARE. SUBSCRIBER'S MAXIMUM LIABILITY TO Cycle Protect HEREUNDER, UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCT LIABILITY IS LIMITED TO CHARGES DUE AND OWING TO Cycle Protect BY SUBSCRIBER. NEITHER SUBSCRIBER OR Cycle Protect CAN RECOVER: (A) PUNITIVE DAMAGES; (B) TREBLE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES; OR (C) ATTORNEY'S FEES.
THE SERVICE MAY INCLUDE OR REFLECT DATA OR SERVICES OF THIRD-PARTY PROVIDERS. SUCH DATA IS LICENSED ON AN "AS IS" BASIS AND SERVICE PROVIDERS SHALL NOT BE LIABLE IN ANY RESPECT TO SUBSCRIBER FOR SUBSCRIBER'S USE OF SUCH DATA OR SERVICES. SERVICE PROVIDERS: (1) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES RESPECTING SUCH DATA, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, EFFECTIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE; (2) SHALL NOT BE LIABLE IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE DATA OR SERVICES; (3) SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OF REVENUES OR CONTRACTS, OR ANY OTHER CONSEQUENTIAL LOSS OF ANY KIND RESULTING FROM ANY DEFECT IN THE DATA.
SUBSCRIBER SHALL INDEMNIFY AND HOLD HARMLESS THE SERVICE PROVIDERS, THEIR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS FROM AND AGAINST ANY CLAIMS, IRRESPECTIVE OF THE NATURE OF THE CAUSE OR THE CLAIMS, ALLEGING LOSS, COSTS, EXPENSES, DAMAGES OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY SUBSCRIBER, SUBSCRIBER'S EMPLOYEES OR THIRD PARTIES, EVEN IF OCCASIONED BY THE SOLE NEGLIGENCE OF ANY OF THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF THE DATA PROVIDED IN CONNECTION WITH THE SERVICES; (3) CLAIMS FOR LIBEL, SLANDER OR ANY PROPERTY DAMAGE OR PERSONAL INJURY, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT; (4) THE USE, FAILURE TO USE OR INABILITY TO USE THE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE SERVICE PROVIDERS. SUBSCRIBER FURTHER AGREES THAT IT WILL NOT SUBROGATE ITS RIGHTS WITH RESPECT TO ANY SUCH CLAIM. SUBSCRIBER AGREES TO INDEMNIFY Cycle Protect AGAINST, DEFEND AND HOLD Cycle Protect HARMLESS FROM ANY ACTION FOR SUBROGATION WHICH MAY BE BROUGHT AGAINST Cycle Protect BY ANY INSURER OR INSURANCE COMPANY OR ITS AGENTS OR ASSIGNS, INCLUDING THE PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEY'S FEES. SUBSCRIBER SHALL NOTIFY ITS INSURANCE CARRIER OF THE TERMS OF THIS PROVISION. IN THE EVENT THAT SUBSCRIBER HAS AUTHORIZED Cycle Protect TO CHARGE AMOUNTS DUE AGAINST SUBSCRIBER'S CREDIT CARD ACCOUNT, THE INDEMNIFICATION AND HOLD-HARMLESS AGREEMENT CONTAINED IN THIS PARAGRAPH SHALL EXTEND TO CLAIMS, EXPENSES, LIABILITIES OR DAMAGES ARISING IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT CARD ACCOUNT OR FROM ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH CREDIT CARD ACCOUNT.
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER(S) AND THAT SUBSCRIBER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CYCLE PROTECT AND THE UNDERLYING WIRELESS SERVICE PROVIDER(S). IN ADDITION, SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT THE UNDERLYING WIRELESS SERVICE PROVIDER SHALL HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO SUBSCRIBER, AND SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFORE.
Subscriber understands and agrees that Cycle Protect is providing Services as a convenience; that the payments Subscriber provides are based solely on the value of the Services and are unrelated to the value of the Vehicle or other assets utilizing the Hardware, any property therein, or the cost of any injury to or damages suffered by Subscriber; that Cycle Protect is not an insurer and that Subscriber should obtain and maintain insurance covering personal injury and/or loss of property. SUBSCRIBER HEREBY, FOR YOURSELF AND OTHER PARTIES CLAIMING UNDER SUBSCRIBER, RELEASE AND DISCHARGE SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AFFILIATES FROM AND AGAINST ALL HAZARDS COVERED BY SUBSCRIBER'S INSURANCE, IT BEING EXPRESSLY AGREED AND UNDERSTOOD THAT NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST SERVICE PROVIDERS. SUBSCRIBER AND CYCLE PROTECT AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS FOR DAMAGES OTHER THAN DIRECT COMPENSATORY DAMAGES AS LISTED ABOVE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply. If any limitations do not apply, the balance of this Agreement shall be unaffected and shall remain enforceable.
THE LIMITATIONS OF LIABILITY AND INDEMNITIES IN THIS SECTION APPLY TO CLAIMS MADE BY SUBSCRIBER, SUBSCRIBER'S EMPLOYEES, SUBSCRIBER'S CUSTOMERS, AND ANY THIRD PARTIES MAKING CLAIMS HEREUNDER, AND SURVIVE TERMINATION OF THIS AGREEMENT.
11. Assignment. Cycle Protect may assign in whole or in part, its rights or duties under this Agreement without Subscriber's consent. However, Subscriber cannot assign this Agreement without the prior written consent of Cycle Protect. Subject to this restriction, this Agreement shall apply to, inure to the benefit of, and be binding upon the heirs, successors, subcontractors and assignees of the respective parties. This includes, without limitation, the limitation of liability provisions contained herein. Cycle Protect is not responsible, however, for any work performed negligently by any third-party.
12. Entire Agreement & Waiver. This Agreement represents the final and entire Agreement between Cycle Protect and Subscriber. This Agreement can not be amended, altered or modified except by a writing signed by Cycle Protect and Subscriber. This Agreement replaces and supersedes all prior Agreements, representations or contracts, written or oral. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, the balance of the provisions shall remain enforceable and in full force and effect. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision hereof, or of any subsequent breach of the same or any other provision.
13. Governing Law. The parties agree that this Agreement, including all matters related to validity, construction, performance and enforcement hereof, shall be interpreted in accordance with, and be governed by, the laws of the State of Virginia, without reference to its conflict-of-laws provisions, applicable federal law.
14. No Agency. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture or an appointment of Subscriber as an agent or employee of Cycle Protect or a third-party service provider. Under no circumstance shall Subscriber hold him or herself out to be an agent of Cycle Protect or any third-party service provider.
15. Third Party Beneficiary. Service providers are intended to be third-party beneficiaries under this Agreement. Subscriber agrees that he or she is not a third-party beneficiary of any Agreement entered into by Cycle Protect with any third-party.
16. Dispute Resolution & Arbitration. Cycle Protect and Subscriber hereto agree to mediate any dispute or claim between them arising out of this Agreement or any resulting transaction before resorting to arbitration/litigation. Mediation is a process in which the parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute, but who is not empowered to impose a settlement upon the parties. The mediation fee, if any, shall be divided equally between the parties involved. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration/litigation of anything said, any admission made, and any documents prepared, in the course of the mediation. Except as provided in the preceding sentence, in the event of any litigation or arbitration arising in any manner out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. The venue for any mediation/arbitration/litigation arising out of this Agreement shall be Fairfax, Virginia.
Any dispute or claim at law or in equity between the parties to this Agreement which arises out of this Agreement or any resulting transaction which is not resolved through the mediation process shall be settled by neutral, binding arbitration and not by court action, except as provided by Virginia law for judicial review of arbitration proceedings. The arbitration shall take place in Fairfax, Virginia, and shall be conducted by the American Arbitration Association ("AAA") under Wireless Industry Arbitration ("WIA") rules by a neutral arbitrator. The rules of arbitration differ from the rules of court; even if applicable laws permit class actions or class arbitration, Subscriber waives any rights to pursue on a class basis any such claim or controversy against Cycle Protect, third-party providers, or any of their affiliates or predecessors in interest. Cycle Protect waives any right to pursue on a class basis any controversy or claim against Subscriber. No arbitrator has authority to award relief in excess of what this Agreement provides, or to order consolidation or class arbitration. In the event that foregoing arbitration requirements do not apply, Subscriber and Cycle Protect each waive, to the fullest extent allowed by law, any trial by jury, and a judge will decide any and all disputes. All parties agree that no suit, claim or action arising out of this Agreement, whether based upon contract, negligence or otherwise, shall be brought against the other more than one (1) year after the date on which the event giving rise to the cause of action occurred.
17. Personal, Vehicle Information & Privacy. Subscriber agrees that to provide Services, Cycle Protect may collect personal information about Subscriber, or Subscriber's use of the Services. Subscriber understands and agrees that in conjunction with employee training, quality control and the provision of Service, Cycle Protect or third-party providers may monitor and/or electronically record Subscriber's conversations with call center representatives and law enforcement personnel. Further, Subscriber understands and agrees that Cycle Protect or third-party providers may access Subscriber's online account to activate features at Subscriber's request, or to perform customer support and administrative activities. Subscriber consents to Cycle Protect: (1) using information about Subscriber, Subscriber's vehicle(s) or vehicle's location to administer Services, offer new products or services, enforce the terms of this Agreement, prevent fraud and respond to regulatory and legal requirements; (2) electronically locating Subscriber's vehicle(s) in conjunction with providing Services, if Subscriber is in default of this Agreement or any finance, lease or rental Agreement where the finance, lease or rental company is authorized to repossess the vehicle or provide vehicle(s) location to the creditor, lessor or rental company; (3) providing speed alert, "geo-fence" and vehicle location information from Subscriber's vehicle to Subscriber's vehicle insurance provider, if providing such information is a condition of Subscriber's vehicle insurance policy; (4) sharing information with the vehicle manufacturer and dealer in conjunction with the Services; (5) providing information to a third-party provider and/or law enforcement personnel for the purposes of providing Services hereunder or in response to a subpoena or other such legal process; and (6) using and sharing aggregate customer information and statistics that do not include information that identifies Subscriber personally.
18. Proprietary Right to Content and Hardware. Subscriber acknowledges that content and features found on Subscriber's personal web page provided as part of the Services by Cycle Protect and content transmitted through the Services ("Content") is the proprietary content of Cycle Protect and/or its third-party providers. The Content and Hardware is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Subscriber may only use the Content as expressly authorized by Cycle Protect, and may not use the Content for commercial purposes unless otherwise authorized. Subscriber may not copy, reproduce, store, distribute, modify, publish, transmit, perform broadcast, or create derivative works from the Content.
Cycle Protect Refund Policy:
Cycle Protect's Liberator product carries a 30 day money-back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a full refund of the purchase price excluding taxes, shipping or the GPS message plan. This refund will not occur if a) the Liberator product is damaged or tampered with in any way or b) the Liberator product is not returned in its original box with all of its contents.
All cancellations must be received in writing prior to the deadlines indicated herein. Regular mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.
Please send all cancellations to:
Cycle Protect
4200 Starr Jordan Drive
Annandale, VA 22003
Fax: (703) 222-3315
** Please include all pertinent information regarding your account, such as your name, address, and serial number of your unit. **
