© 2012 VehSmart, Inc. All rights reserved. The VehSmart logo and all other VehSmart images and text contained herein are trademarks of VehSmart.
NO MATTER WHERE THE ROAD TAKES YOU, WE'RE WITH YOU.
Limitations, Exclusions and Disclaimers
Damage Limitation: VehSmart shall not be liable for any general, direct, special, incidental, exemplary, punitive, and/or consequential damages. Some states do not allow limitations on consequential damages, so the above limitations or exclusions may not apply to you. You have specific legal rights and you may also have other rights, which may vary from state to state. You acknowledge that no affirmation of fact or statement (whether written or oral) made to VehSmart or its representatives outside of this Agreement shall be deemed to create any expressed or implied warranty on the part of VehSmart or its representatives.
Liability Limit: VehSmart is not an insurer and you must obtain from an insurer any insurance you desire. The amount you pay is based upon the Services VehSmart performs and the limited liability VehSmart assumes under this Agreement and is unrelated to the value of your property or the property of other located in your monitored vehicle. In the event of any loss or injury to any property, you agree to look exclusively to your insurer to recover damages. You waive all rights of recovery against VehSmart that any insurer or other person may have as a result of paying any claim for loss or injury to any other person. It will be extremely difficult to determine the actual damages that may result from failure to perform duties under this Agreement.
You agree that VehSmart and our agents, employees, subsidiaries, affiliates and parent companies are exempt from liability for any loss, damage, injury or other consequences arising directly or indirectly from the Services VehSmart performs under this Agreement. If it is determined that VehSmart or any of agents, employees, subsidiaries, affiliates,or parent companies are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to the greater of $1,000 or 20% of the annual charges you pay under this Agreement. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by negligence, gross negligence, failure to perform duties under this Agreement, strict liability, failure to comply with any applicable law, or other fault. However, at your request, VehSmart may assume additional liability by attaching an amendment to this Agreement stating the extent of additional liability and the additional cost we will charge you. Also, you agree that VehSmart is not an insurer even if VehSmart enters into any such amendment.
Hold Harmless: In the event any lawsuit or other claim is filed by any party against VehSmart or agents, employees, subsidiaries, affiliates, or parent companies arising out, related to, or in connection with the Services, the Product or its use, you agree to be solely responsible for, and to indemnify and hold VehSmart completely harmless from such lawsuits or other claim including your payment of all damages, expenses, costs and attorney’s fees and expenses. These obligations will survive the expiration or earlier termination of this Agreement. These obligations will apply even if such lawsuit or other claim arises out of negligence, gross negligence, failure to perform duties under this Agreement, strict liability, failure to comply with any applicable law, or other fault.
Other party’s Limitation: If you purchased Services or the Product through another business or person, or from VehSmart through referral from another business or person, you agree that such other business or person acts solely as an independent contractor. Such business or person shall have no responsibility or liability to you for the performance or nonperformance of the Services VehSmart provides under this Agreement. Without limiting the above, you agree that the liability of such other businesses or persons is, in any event, limited in accordance with the provisions of this Agreement including but not limited to this Paragraph 3. You agree that such business or person and its agents, employees, affiliates, and parent companies may invoke all of rights under this paragraph.
Time to File Lawsuit or Other Action: You agree that you file any lawsuit or other action you may have against VehSmart or agents, employees, subsidiaries, affiliates, or parent companies within one (1) year from the date of the event that caused the loss, damage or liability.
You further acknowledge and agree that VehSmart shall not have any liability for the interruption of services due to electrical storms, power failures, interruption or unavailability of telephone service, cellular and radio frequency or other conditions beyond control, including without limit, due to strikes, riots, floods, fire or acts of God. You acknowledge and agree that the use of radio frequencies and cellular devices are controlled by the Federal Communications Commission and changes in rules, regulations and policy may necessitate discontinuing such transmission devices by VehSmart at option.
You agree that the liability of the Service Providers and any third party is limited in accordance with, and the Service Providers may invoke, the provisions of paragraph 3, “Limitations, Exclusions & Disclaimers.”
Installation and Use: Installation must be preformed to VehSmart’s specifications. Unauthorized or improper installation voids VehSmart’s limited warranty. You acknowledge and agree that VehSmart shall not be liable for the activation, interruption, operation or non-operation of the Product, the cellular network, the GPS system, telephone transmission wires, the cellular device or other potential mediums, since VehSmart has no control of, or supervision over, any such equipment. You understand and agree that VehSmart is not responsible for, shall have no obligation with respect to, and shall have no liability for the Product, its installation into the monitored vehicle, its operation or service.
This agreement for VehSmart Services, including the Customer Information page, (collectively the 'Agreement') is made and entered into immediately upon acceptance of its terms and conditions by you and is between you and VehSmart Inc. its successors and/or assigns (“). This Agreement is the agreement under which you will receive Services, as defined below, in connection with your purchase of the product.
Terms and Conditions