By using the hardware and software of One Step GPS, you agree to the following terms and conditions:
One Step GPS will loan the necessary GPS trackers to you (Customer) for the duration of your business relationship with One Step GPS, LLC. In the event of cancellation of service, all GPS trackers must be returned to One Step GPS, LLC by the Customer. There are no cancellation penalties. However, please keep in mind that in the event the trackers are lost or are not returned, there will be a service fee of $95 per tracker before service can be cancelled.
Definitions. In this Agreement the following definitions apply:
- “we,” “us,” “our,” “OneStepGPS” mean OneStepGPS.com and its affiliates;
- “you,” “your,” “customer,” and “user” mean an account holder or user with us;
- “Device” means any device, accessory or other product we sell, lease or finance to you or that is active on your account with us;
- “Service” means our offers, rate plans, options, or Devices on your account with us.
- “Services” means our offers, plans, options, or Devices on account with us.
- The Subscription Agreement. This Subscriber Agreement, including Terms and Conditions of Service (“Agreement”), is a contract under which we agree to provide and you agree to accept our Services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there may be other agreements including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction and any confirmation materials we may provide you. It is important that you carefully read ALL terms of this Agreement and any other agreement you sign or accept with us which is hereby incorporated into this Agreement.
- Services Covered By This Agreement & Additional Terms. This Agreement applies to our Services Plans and any other Service we offer you that references these Ts&Cs. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply for services provided by another company, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.
When You Accept The Agreement. You must have the legal capacity to accept the Agreement. You accept the Agreement
when you do any of the following:
- sign a contract with us on paper or electronically;
- accept Agreement through an oral or electronic statement;
- attempt to or in any way use the Services;
- pay for the Services; or
- open any package or start any program that says you are accepting the Agreement when doing so.
If you don’t want to accept the Agreement, don’t do any of these things.
When You Don’t Have To Pay A Service Early Termination Fee. You are not responsible for paying an Early Termination
Fee when terminating Services:
- provided on a month-to-month basis;
- consistent with our published return policy; or
- in response to a materially adverse change we make to the Agreement as described directly below.
Our Right To Change The Agreement & Your Related Rights. We may change any part of the Agreement at
any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will
provide you notice of changes in your monthly billing invoice. Except as provided below, if a change we make to the
Agreement is material and has a material adverse effect on you, you may terminate each Device materially affected
without incurring an Early Termination Fee only if you:
- call us within 30 days after the effective date of the change; and
- specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made.
If you do not cancel Service within 30 days of the change, an Early Termination Fee will apply if you terminate Services
before the end of any applicable Term Commitment. The following, without limitation, will generally not be considered
changes to the Agreement as contemplated in this provision and will not result in the waiver of applicable Early
- changes to our Policies;
- changes to rates or charges that are not a core part of the rate plan package for which you contracted – for example, incidental, occasional or casual use charges and other options that do not require a Term Commitment;
- changes to Taxes & Government Fees; or
- changes to Surcharges, including assessing new Surcharges.
Our Right To Suspend Or Terminate Services. We can, without notice, suspend or terminate any Service at any
time for any reason, including, but not limited to
- late payment;
- harassing/threatening our employees or agents;
- providing false information;
- interfering with our operations;
- using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable state or federal laws;
- breaching the Agreement, including our Policies;
- providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt;
- modifying a Device from its manufacturer specifications; or
- if we believe the action protects our interests, any customer’s interests or our network.
- Your Right To Terminate Services. You can terminate Services at any time by writing or calling us as provided on your invoice and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services. You must also pay us an Early Termination Fee as applicable for each Device that you terminate.
Restrictions On Using Services. You may not use our Services:
- to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene;
- in a way that could cause damage or adversely affect our customers, reputation, network, property or Services;
- to communicate any unsolicited message;
- to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or
- in any way prohibited by the terms of our Services, the Agreement or our Policies.
- Your Device Number. Your Device is designed exclusively for use on our network and in other coverage areas we make available to you. Except for any legal right you may have to port/transfer your Device number to another provider, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
Warranty. Subject to the exclusions contained below, OneStepGPS warrants its OneStepGPS device (“Device”),
and/or certified accessories sold for use with the Device (“Accessories”) to be free from defects in materials and
workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s
exclusive remedy, and applies as follows only to new Devices and/or new Accessories purchased by consumers in the
United States or Canada.
Terms. All Devices and Accessories shall be covered under this warranty in accordance with the table below. Coverage begins
from the date of purchase regardless of when the Device or Accessory is actually received and continues until the
end of the Coverage Term or Termination of Services, whichever comes first.
Device Type Coverage Term Vehicle Tracker Lifetime* Asset Tracker One (1) Year
Exclusions. The following are excluded from coverage under this warranty.
- Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
- Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage.
- Abuse & Misuse. Defects or damage that result from improper operation, improper installation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse.
- Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than OneStepGPS, or its authorized service centers, are excluded from coverage.
- Altered Products. Products or Accessories with
- serial numbers or date tags that have been removed, altered or obliterated;
- broken seals or that show evidence of tampering;
- mismatched board serial numbers; or
- nonconforming or non-OneStepGPS housings, antennas, or parts, are excluded from coverage.
- Communication Services. Defects, damages, or the failure of Products, Accessories or Software due to any communication service or signal you may subscribe to or use with the Products, Accessories or Software is excluded from coverage.
- Products which are returned to OneStepGPS under an RMA which have become damaged in transit or which have become damaged due to improper packaging.
- Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
- Actions. OneStepGPS, at its option, will at no charge repair, replace or refund the purchase price of any Products, Accessories or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts.
- How to obtain warranty service. To obtain service, please call 1 888 813 7521. Additionally, to obtain service, you must include:
- your account number;
- a written description of the problem; and, most importantly;
- your address and telephone number.
- Terms. All Devices and Accessories shall be covered under this warranty in accordance with the table below. Coverage begins from the date of purchase regardless of when the Device or Accessory is actually received and continues until the end of the Coverage Term or Termination of Services, whichever comes first.
- Additional Limitations. THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ONESTEPGPS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ONESTEPGPS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another. No other use, including without limitation disassembly of such OneStepGPS software or exercise of the exclusive rights reserved for OneStepGPS, is permitted.
- protect our network, our rights and interests, or the rights of others; or
- optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications.
- anything done or not done by someone else;
- providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.);
- traffic or other accidents, or any health-related claims relating to our Services;
- false messages sent while using our Services;
- an interruption or failure in accessing or attempting to access emergency services from a Device;
- interrupted, failed, or inaccurate location information services; or
- things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
- unauthorized access to your Personal Information or Vehicle by hackers or others who have obtained such access through illegal measures.
- “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated – this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided to us when you sign up for our service, and notice to us will be sent to: 7833 Sepulveda Blvd Suite D Van Nuys California 91405. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in Los Angeles County, California. The federal or state law that applies to the Agreement will also apply during the arbitration.
- We each agree not to pursue arbitration on a class-wide basis. We each agree that any arbitration will be solely between you and us and not brought on behalf of or together with another individual’s claim. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
*Lifetime warranty valid as long as tracking service is purchased from OneStepGPS.com