Terms of Service for Guardian Angel TechAngel Technolgy:
IT IS IMPORTANT THAT YOU READ THIS ENTIRE AGREEMENT CAREFULLY. The Global Positioning System (GPS) service agreement [hereinafter referred to as the “Agreement”], consisting of these Terms of Service for Guardian Angel Technologies, Incorporated and Angel Technology [hereinafter referred to as “TOS”], the Customer Proprietary Network Information Terms and Conditions, and the Customer Order, is an agreement between you individually or, if a business, your business entity or corporation [hereinafter referred to as “Customer”], and Guardian Angel Technologies, Incorporated [hereinafter referred to as “Guardian Angel Tech”]. These services may include, but are not necessarily limited to web based monitoring, other related services and features, that, together, make up Customer's "Service Plan" and are collectively referred to in this Agreement as the "Service" provided to Customer. Service is accessible to Customer through the secure website www.guardianlogin.com. This Agreement also governs the purchase and or use of Customer's Guardian Angel Tech device [hereinafter referred to as “Device”], and all other related equipment or devices and the software applications loaded on any of the same used in connection with the Service [hereinafter referred to as “Equipment”]. This Agreement governs the entire relationship between Customer and Guardian Angel Tech and supersedes all earlier versions of any agreement between Customer and Guardian Angel Tech. Customer acknowledges receipt of detailed Customer Order for each device selected by Customer. ALL Customer Order information is made part of this agreement and should be carefully reviewed by Customer. If Customer Order conflicts with this Agreement, this Agreement shall govern in consideration of the payments and mutual covenants and conditions set forth in this agreement. Guardian Angel Tech and Customer agree as follows:
1. ACCEPTANCE OF THIS AGREEMENT - Customer will have accepted and be bound by this Agreement if Customer (1) provides Guardian Angel Tech with a written or electronic signature; (2) otherwise indicates electronically that Customer accepts; or (3) activates Service through the Equipment.
2. AGREEMENT TERM - The term of this Agreement for each device is set forth on the Customer Order section of this Agreement (as acknowledged by Customer) and shall begin on the date Customer accepts the Agreement in accordance with Section 1 above, and, except as provided elsewhere in this Agreement, shall end thirty (30) days after either Guardian Angel Tech or Customer gives written notice of its intent to terminate. Guardian Angel Tech may, in its sole discretion, decide not to renew this Agreement at any time before completion of the term.
3. CHANGES TO AGREEMENT – Subject to applicable law, Guardian Angel Tech may, at any time in its sole discretion, modify any of the terms and conditions of this agreement, including but not limited to the rates it charges to Customer. Guardian Angel Tech will provide advanced written notice to Customer of any material modification. Such notice may be provided in the form of a letter, postcard, separate invoice insert, message printed on the monthly invoice, text message, or other printed or electronic form. If the modification is material and adverse to Customer (e.g., the modification increases the monthly Service Plan rates charged to Customer and Customer does not agree to accept the modification), Customer may terminate this Agreement and not owe Guardian Angel Tech invoice charges resulting from the Guardian Angel Tech material modification by notifying Guardian Angel Tech within sixty (60) calendar days after the effective date of the modification. The effective date of the modification will be set forth in the written notice provided to Customer. Final invoicing and charges following termination shall be calculated and finalized in accordance with Section 15 of this Agreement. If Customer does not terminate the Agreement during the sixty (60) day period, Customer will have agreed to accept the modification and the modification shall have retroactive effect to its effective date.
4. USE OF SERVICE OR EQUIPMENT - Customer shall not use the Service or the Equipment in any unlawful manner (including, but not Limited to; use in any aircraft or motor vehicle where prohibited by law, ordinance or regulation), or in a manner that may be abusive, harassing, threatening or fraudulent. Customer is solely responsible for all content transmitted using the Service or the Equipment. Customer shall not use the Service or Equipment in a manner that could result in damage or risk to the business, reputation, properties, or services of Guardian Angel Tech, Guardian Angel Tech’s subscribers, third parties or to the public generally. Accordingly, by way of example; Customer shall not attempt to gain unauthorized access to the Service or any account on the Service, use the Service to infringe the copyright of another, or upload or transmit any "virus", "worm" or other malicious code. Customer shall not modify, disassemble, de-install or alter the Equipment in any manner, except in accordance with the use instructions accompanying the Equipment Customer may not resell or lease the Service or the Equipment to any other person or party.
5. CHANGE IN SERVICE/EQUIPMENT - Any change in the Service or the Equipment may require additional programming or Equipment assigned to Customer. Customer may be assessed a programming fee in connection with any change requested by Customer.
6. WIRELESS DATA SERVICES - Wireless Data Services consist of applications such as email, data, information and other wireless internet services [hereinafter referred to as “Online Applications”]. Customer shall be responsible for obtaining and maintaining Customer’s own Wireless Data Services and acknowledges that Guardian Angel Tech neither guarantees nor is responsible for the availability or compatibility of any Wireless Data Services. Furthermore, Customer acknowledges that no guarantee or assurance exists that the Online Applications will be compatible, or, if currently compatible, will continue to be compatible, with Customer's Equipment and that Guardian Angel Tech does not endorse any Online Applications, even if currently compatible with Guardian Angel Tech's or Customer's Equipment. Use of Wireless Data Services requires Internet compatible Equipment, and is subject to applicable storage, memory or other Equipment limitations. Guardian Angel Tech is not responsible for the actions of third parties contacted by Customer, whether such contact was initiated by Customer or was brought about through an embedded link on the Equipment.
7. NETWORK SECURITY – Guardian Angel Tech may take any action that it deems necessary to (1) protect its network, its rights or the rights of its customers and third parties; or (2) optimize or improve its network, its Services and the Equipment. Guardian Angel Tech may, in its sole and absolute discretion, at any time, prevent "hacking," "viruses' or other potential harms without regard to any Customer preference.
8. APPLICATION SUPPORT – Guardian Angel Tech is often not the developer of Online Applications that are accessible. Therefore, in the event that you call customer service for support of these applications you will be referred to the applicable web source for administration.
9. SERVICE AVAILABILITY - Service is generally available to Customer when Customer is within the operating range of the Guardian Angel Tech network or within the range of a provider with which Guardian Angel Tech has a reciprocal service arrangement [hereinafter referred to as the “Service Area”]. Customer acknowledges that any map, diagram or other illustration of Customer's Service Area is only an estimate and actual service coverage may vary. Customer’s Service Area is subject to change at any time in Guardian Angel Tech’s sole discretion. Service quality and availability within Customer's Service Area is also affected by conditions Guardian Angel Tech does not control, including the Equipment, problems associated with interconnecting carriers, power failures, “viruses", obstructions such as buildings or trees, tunnels, atmospheric, geographic or topographical conditions and other conditions. Service also may be limited or temporarily unavailable due to system capacity limitations or system repairs or modifications. Guardian Angel Tech also may be required during public safety emergencies or when system capacity is otherwise limited to limit access to the Guardian Angel Tech network for those customers that are not then using the Service and connected to the network in order to facilitate communications by public safety organizations such as police and fire departments.
10. RATES AND CHARGES - Customer shall pay in full all charges for Services provided under this Agreement and any customer order that becomes part of this Agreement. If Customer fails to pay any amounts when due under the Agreement, Customer shall be in default and Guardian Angel Tech shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity.
11. TAXES, FEES AND ASSESSMENTS- Customer shall pay all federal, state, and local taxes and fees that are imposed on transactions subject to this Agreement. Customer shall not be responsible for taxes and fees imposed on Guardian Angel Tech’s net income or property. Customer shall be responsible for all taxes and fees (whether imposed upon Customer or Guardian Angel Tech) that are measured by gross receipts from sales made to Customer or imposed as a per-line or per-unit charge. Applicable taxes and fees include, but are not limited to, the following: federal, state, and local excise taxes, sales and transaction taxes, gross receipts taxes and utility taxes. If Customer is eligible for an exemption from any tax or fee, Customer must provide Guardian Angel Tech with a valid and properly executed exemption certificate for the exemption to be effective.
12. FAILURE TO PAY - Customer acknowledges that time is of the essence with respect to all amounts owed to Guardian Angel Tech if customer has not paid its monthly invoice in full by the due date, a late payment charge of up to 1.5% per month (18% annually), or such lesser amount permitted by law, may be applied to the total unpaid balance due and outstanding. This late payment charge is assessed to recover costs for customer’s failure to pay and shall not constitute interest. Guardian Angel Tech's acceptance of late or partial payments (even if marked "paid in full" or similar notations) shall not waive Guardian Angel Tech's right to collect the full amount due under this Agreement, plus any additional amounts charged under this paragraph. If Guardian Angel Tech obtains the services of a collection or repossession agency or an attorney to assist in remedying any breach of the Agreement by Customer, including but not limited to, Customer's nonpayment of charges, Customer shall be liable for these costs, fees and/or expenses, including court costs and reasonable attorney’s fees.
13. DISPUTED CHARGES - Customer may dispute only those charges that Customer believes are the result of (1) a billing error, or (2) a problem related to Customer's Service. To dispute any charge, Customer must pay all undisputed amounts when due and submit a written notice to Guardian Angel Tech within ninety (90) days of the problem or before the end of the third billing cycle after the date upon which the problem occurred, whichever occurs later. Customer waives the right to dispute any charges for which timely notice is not provided to Guardian Angel Tech. Guardian Angel Tech shall resolve all disputed charges in its sole discretion. If Guardian Angel Tech determines that an error was made on Customer's invoice, then Guardian Angel Tech will credit Customer's account in the amount of the error. If Guardian Angel Tech determines that a disputed charge was validly assessed upon Customer, Guardian Angel Tech will notify Customer and Customer must furnish the amount to Guardian Angel Tech within a reasonable period of time; or, if authorized by Customer, Guardian Angel Tech may instead charge Customer's credit card or debit card by any amount that was validly assessed. If Customer fails to pay any undisputed amount or, after a reasonable period of time, fails to pay any amount determined by Guardian Angel Tech to have been validly assessed upon Customer, Guardian Angel Tech may exercise any remedies available to Guardian Angel Tech under this Agreement for non-payment, including termination of the Agreement. Customer hereby acknowledges that he or she has read the explanation of rates and charges set forth in Section 23 of the TOS and understands that these rates and charges may be assessed upon Customer, to the extent applicable.
14. BILLING – Guardian Angel Tech shall issue invoices for Service and for purchases of Equipment. Equipment purchases are non-refundable, once shipped to Customer. Guardian Angel Tech's invoicing cycle is approximately thirty (30) days, but may change from time to time. The day of the month on which Customer receives an invoice may vary and is subject to change. Customer may be assessed a shipping charge for Equipment delivered to Customer, unless otherwise specified in Customer's order. If Customer's Service is terminated for any reason before the end of any billing cycle, no credit or refund will be provided for unused Services and any monthly service charge will not be prorated to the date of termination. On occasion, Customer may be billed for Services in a month other than the month in which Customer used the Services, which may result in higher-than-expected Services charges for the month in which such Services are billed. The creation of new cell sites, Guardian Angel Tech's implementation of new billing technology, and other similar events may result in such delayed billing.
15. PAYMENTS - Recurring Credit/Debit Card Payments. Customer may pay any amount owed to Guardian Angel Tech by using a credit or debit card acceptable to Guardian Angel Tech. If Customer wishes to pay all amounts in this manner on a recurring basis, Customer must complete a separate payment enrollment form (“Payment Form”). Customer acknowledges that upon signing the appropriate Payment Form, the Payment Form, including its applicable terms and conditions, will become a part of the Agreement. Customer shall promptly notify Guardian Angel Tech of any changes to the credit or debit card (e.g., if the card is terminated, lost, stolen or the expiration date changes) or bank account used for payment. Enrollment is for the duration of this Agreement unless cancelled earlier by either Customer or Guardian Angel Tech upon thirty (30) days' advance written notice to the other party. Specific Form of Payment - Guardian Angel Tech may, at any time and from time to time, as it deems appropriate (e.g., following receipt of a dishonored check or other instrument), demand that Customer make payment by money order, cashier's check, or a similarly secure form of payment. Guardian Angel Tech also may require at any time in its sole discretion that the Equipment be purchased for cash only. In this case, title to the Equipment shall be transferred to Customer only after receipt by Guardian Angel Tech of a cashier's or certified check or other equally secure form of payment in the amount set forth on the Customer Order section of this Agreement. Dishonored Checks - Guardian Angel Tech may charge Customer up to the highest amount permitted by law for any check or other instrument tendered by Customer and returned unpaid by a financial institution for any reason.
16. SUSPENSION, LIMITATION OR TERMINATION OF SERVICE OR THIS AGREEMENT - Guardian Angel Tech may limit, suspend or terminate Customer's Service or this Agreement at any time and without providing notice to Customer if: (1) Customer fails to pay any charges when due under the Agreement; (2) Customer behaves in an abusive, derogatory, or otherwise unreasonable manner to any Guardian Angel Tech employee, representative or agent; (3) Guardian Angel Tech has in its sole discretion reason to believe that Customer's Service is being used in a fraudulent manner or for an illegal purpose; (4) Customers Service is being used in a way that adversely affects other Customers' Service or Guardian Angel Tech's business operations; (5) Customer provides credit information that is false, inaccurate, dated or cannot be verified or Customer becomes insolvent or subject to any proceeding under the Bankruptcy Code or similar laws; (6) Guardian Angel Tech discovers that Customer is under age or does not otherwise possess the capacity or the authorization to enter into the Agreement; (7) Customers use of the Service or Equipment exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement; or (8) Guardian Angel Tech, in its sole discretion, believes action is required to protect its interests or the interests of Customer or its other customers. Guardian Angel Tech shall not be liable to customer or to any other party for exercising or failing to exercise its rights under this section to limit, suspend or terminate service or the agreement. If Customer's Service is subject to fraudulent use, Customer shall immediately notify Guardian Angel Tech's Customer Care department, provide Guardian Angel Tech with any documentation and information that it requests and otherwise cooperate with Guardian Angel Tech in the investigation of such incident. If Guardian Angel Tech terminates Service to Customer, and Service is not reconnected within thirty (30) calendar days, all amounts owed to Guardian Angel Tech (including any damages for early termination) shall become immediately due and payable
Reactivation - Guardian Angel Tech may, but is not required to, reactivate Service to Customer after Service has been suspended or terminated in accordance with the previous subsection. Before Service may be reactivated, Customer must pay to Guardian Angel Tech all past due amounts plus a reconnection charge equal to $25.00 per Device, plus applicable taxes. Guardian Angel Tech may modify the terms of Service before reactivating Service to Customer and may require Customer to provide Guardian Angel Tech with an initial Deposit or an additional Deposit.
17. RELEASE OF CUSTOMER INFORMATION - Privacy – Global Positioning Systems use satellite channels to transmit communications that may be accidentally or intentionally intercepted. Although federal and state laws may make it illegal for third parties to intercept Customer's Service, privacy cannot be guaranteed. Guardian Angel Tech shall not be liable to customer or any third party for interception of communications made while using the service or equipment. Customer consents to Guardian Angel Tech's disclosure of Customer information to governmental and public safety authorities in response to emergencies. This information may include, but is not limited to, access, use and disclosure of customer information and communications, customer's name, address, number, and the location of the user of the Service at the point where GPS data was received. Customer acknowledges and agrees that Guardian Angel Tech may access, use, and disclose to third parties, any information whether personally identifying information, or “customer proprietary network information” [hereinafter referred to as “CPNI”] within the meaning of 47 USC § 222 and its implementing regulations [hereinafter referred to as “CPNI Regulations”] that Guardian Angel Tech collects, possesses or develops about Customer to: (1) provide Customer with Equipment, service, or customer support; (2) conduct marketing activities in accordance with applicable law (Customer may opt out of any such marketing by contacting Guardian Angel Tech); (3) provide handset-based or network-based geographic information services via Guardian Angel Tech-provided or third party software applications; (5) comply with applicable law; or (6) respond to emergencies. Geographic Information Services - Consistent with the foregoing, Customer acknowledges and agrees that Guardian Angel Tech or a third party application service provider may access, use, and disclose to third parties the geographic location of Customer's Equipment to provide Customer with any geographic information service which Customer accesses through the Service or Equipment if Customer utilizes any such service and there are additional users on Customers account, Customer shall clearly, conspicuously, and regularly notify all individual users of the Service that location information (i.e., the geographic coordinates of the Equipment) may be accessed, used, or disclosed in connection with the Service for any geographic information service that is governed by the CPNI regulations or a similar law, Guardian Angel Tech will provide Customer with a separate notice and opportunity to consent to the access, use, and disclosure of geographic information. Customer shall hold harmless and indemnify Guardian Angel Tech against any and all claims. Losses, expenses, demands, actions, or causes of action (including all actions by third parties) arising out of a breach of customer’s obligation to notify users as set forth in this section or customer’s use of any geographic information service or location information.
18. EQUIPMENT - Guardian Angel Tech is not responsible for the operation, quality of transmission, or, unless separate maintenance arrangements have been made between Guardian Angel Tech and Customer, for maintenance of the Equipment. Customer further acknowledges that Equipment purchased from Guardian Angel Tech is not compatible with and will not support services provided by other global positioning systems. Guardian Angel Tech shall not be liable for any damages (including damages to the equipment) resulting from installation of the Equipment by Customer or any third party upon Customer’s acceptance of delivery of the equipment, all risk of loss, damage, theft or destruction to the equipment, shall be borne by the Customer. No loss, damage, theft or destruction of the equipment in whole or in part shall impair Customer’s obligations under this agreement, including, without limitation, Customer’s responsibility for the payment of service charges due under the agreement.
19. DISCLAIMER OF WARRANTIES – Guardian Angel Tech makes no representations or warranties, statutory, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, title or non infringement concerning Customer’s service or the equipment. Guardian Angel Tech does not authorize anyone to make any representation or warranty on its behalf, and customers should not rely on any such statement(s). Any statement made in packaging, manuals or other documents, or by any Guardian Angel Tech employees, agents or representatives, are provide for informational purposes only and not as warranties by Guardian Angel Tech of and kind. Customer assumes all responsibility for use of the service and the quality and performance of the equipment. Customer acknowledges that service may not be error-free and that interruption will likely occur from time to time. Guardian Angel Tech does not manufacture the equipment and any statement regarding equipment should not be interpreted as a warranty and shall survive termination of this agreement.
20. LIMITATION OF LIABILITY AND REMEDIES FOR BREACH – Guardian Angel Tech shall not be liable for: (1) any deficiency in the Service, including, but not limited to, mistakes, omissions, interruptions (including, among others, interruptions caused by Equipment or facilities failure or shortages), errors, failures to transmit, delays or defects, network problems, lack of coverage or network capacity, inability to access the Service or inability to place calls or problems of unauthorized access; (2) the unavailability or any failure or delay in delivery of the Equipment or the cancellation of any orders of Equipment by the manufacturer; (3) any suspension or termination of Service by Guardian Angel Tech or any other action taken by Guardian Angel Tech in its sole discretion intended to protect the Guardian Angel Tech network, systems, and the rights or property of Guardian Angel Tech, its Customers, or others from "hacking," "viruses" or other potential harms that Guardian Angel Tech believes may adversely impact its network or systems, (4) any damage or personal injury allegedly caused by use of the Equipment or Service; (5) any other damage due directly or indirectly to causes beyond Guardian Angel Tech's control, including, but not limited to, any act or omission of any carrier or service provider other than Guardian Angel Tech; or (6) acts of God, acts of public enemies, acts of the government, acts or failure to act of Customer, its agents, employees or subcontractors, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, terrorism, unusually severe weather conditions or default of Guardian Angel Tech's subcontractors. Without limiting the foregoing Guardian Angel Tech’s sole liability for service disruption, whether caused by the negligence of Guardian Angel Tech or otherwise, is limited to a credit allowance of not more than the proportionate charge to customers for the period of service disruption. Except as otherwise set forth in the preceding sentence, in no event shall Guardian Angel Tech be liable for actual damages or for consequential incidental special or other indirect damages caused by its negligence or otherwise, nor for economic loss, personal injury or property damage sustained by Customers or any third party. If customer is provided with a credit allowance under this section, Guardian Angel Tech shall be subrogated to any and all rights that Customer may have against any third party as a result of customer’s loss or expense. This subrogation shall survive termination of this agreement. Under certain circumstance, some jurisdictions may not recognize or give effect, in whole or in part to warranty disclaimers and or limitations of remedies for breach, and therefore, to the extent that the disclaimer set forth in Section 19 of the TOS and the limitation of remedies in Section 20 of the TOS are not permitted by applicable law they will not apply to customer or shall only apply to the extent permitted by such applicable law.
21. INDEMNIFICATION - Customer shall indemnity, defend, and hold Guardian Angel Tech harmless from any violation by Customer of any applicable law or regulation. Customer will further indemnify Guardian Angel Tech for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) information or Content that Customer submits, posts, transmits or makes available through the Service; (2) Customer's use of the Service or Equipment, (3) Customer's connection to the Service or Equipment; (4) Customer's violation of this Agreement, or (5) Customer's violation of any rights of a third party.
22. DISPUTE RESOLUTION – This section provides for the resolution of most disputed or claims through arbitration instead of court trial and class action. Customer should read this carefully. Arbitration is final, binding and subject to only very limited review by a court. This section governing disputes shall survive termination of this agreement. Mandatory Arbitration – Customer and Guardian Angel Tech agree to arbitrate any claim, controversy or dispute arising under or related to this agreement or any equipment used in connection with the service except that customer or Guardian Angel Tech may bring an individual action in small claims court. Customer and Guardian Angel Tech acknowledge that this agreement evidences a transaction in interstate commerce and that the federal arbitration act shall govern the interpretation and enforcement of this arbitration provision. To initiate arbitration, customer or Guardian Angel Tech must first send a written notice, via certified mail, to the other party indicating its intent to arbitrate, which notice shall include: (1) a description of the facts, (2) a description of the nature of the claim; and (3) the relief sought (Notice to Arbitrate) send notice to arbitrate to Guardian Angel Tech Angel General Counsel, 21 South Broadway, Aurora, Illinois 60505 Both parties agree to make reasonable attempts to resolve any such disputes; however if the parties cannot resolve the dispute within forty-five (45) days of receipt of notice to arbitrate, then an arbitration claim may commence. Any arbitration initiated under this agreement shall be the American Arbitration Association (AAA), located in Chicago, Illinois. If customer and Guardian Angel Tech cannot agree upon a neutral arbitrator within the thirty day period, then either party may request that the AAA appoint in its sole discretion, a neutral arbitrator. Customer and Guardian Angel Tech further agree that no arbitrator shall have the authority to award any relief or remedy in excess of or contrary to what is provided in this agreement, except where such provision is not permitted under applicable law the arbitrator’s decisions shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction, The law that is applied to this agreement also shall be applied in any arbitration proceedings. Unless the customer and Guardian Angel Tech otherwise agree, any arbitration shall be conducted in the City of Chicago. All administrative costs and fees of arbitration shall be borne equally by customer and Guardian Angel Tech. Customer and Guardian Angel Tech shall each bear the expenses of their own counsel, experts, witnesses and the preparation and presentation of evidence in connection with any arbitration. Waiver of Jury Trial and Class Actions – By entering into this agreement, Customer and Guardian Angel Tech acknowledge and agree to waive certain rights to litigate disputes in court, to receive a jury trial or to participate as a plaintiff or as a class member in any claim on a class or consolidated or in a representative capacity. Customer and Guardian Angel Tech both agree that any arbitration will be conducted on an individual and not on a consolidated class-wide or representative basis and that if arbitration is not conducted on an individual basis, this Section of the TOS shall be deemed null and void. The Arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s claim. If for any reason the arbitration clause set forth in the Agreement is deemed inapplicable or invalid, or to the extent the arbitration clause allows litigation of disputes in court, customer and Guardian Angel Tech both waive, to the fullest extent allowed by law any right to pursue or participate as a plaintiff or as a class member in any claim on a class or consolidated basis in a representative capacity.
23. RATES AND CHARGES - Customer shall pay in full all charges for Services provided under the Agreement. Customer is responsible for all charges or purchases associated with Customer's Number and Equipment whether or not Customer was the user of the Service or authorized its use. If Customer fails to pay any amounts when due under this Agreement, Customer shall be in default and Guardian Angel Tech shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Rates charged to Customer include monthly access charges. Monthly access charges shall begin once Customer's Service is activated, which may occur before Customer receives the Equipment.
24. MISCELLANEOUS - Assignment - Customer may not assign all or any part of this Agreement (including any of its rights and duties under the Agreement) or sell or lease the Service to others without Guardian Angel Tech's prior written consent. Guardian Angel Tech may assign all or any part of this Agreement to any successor or any other entity capable of performing Guardian Angel Tech's obligations under this Agreement without obtaining Customers consent or providing notice to Customer. Guardian Angel Tech shall be released from all liability upon assignment of this Agreement. Customer shall continue to be bound by the terms of this Agreement following assignment. Guardian Angel Tech Associates - Guardian Angel Tech's subsidiaries, affiliates and certain third party service providers (the "Guardian Angel Tech Associates”) may provide wireless communication services in support of Guardian Angel Tech from time to time, all rights and protections afforded to Guardian Angel Tech by this Agreement are also afforded to the Guardian Angel Tech Associates. Notice - Notice to Customer shall be considered delivered if sent by US Mail addressed to the most current address on file for Customer (effective three (3) days following deposit in US Mail) or by electronic means such as email (effective immediately upon transmission). Written notice to Guardian Angel Tech must be sufficient to identify Customer and the Service and shall be considered delivered when directed to Guardian Angel Tech Customer Care department and received by Guardian Angel Tech. Oral and electronic notice to Guardian Angel Tech shall be considered delivered on the date reflected in Guardian Angel Tech's records. To ensure receipt of notice, Customer shall notify Guardian Angel Tech of any changes in Customer's email or mailing address. Limitation on Third Party Beneficiaries This Agreement is not for the benefit of any third party other than the Guardian Angel Tech Associates
Governing Law - This Agreement shall be governed by the laws of the State of Illinois without respect to choice of law rules and the parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Kane County, Illinois for such purpose. Customer hereby waives any and all rights to personal service of any process upon them and agrees that service may be completed by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address stated in this Agreement.
ENTIRE AGREEMENT - This Agreement and the documents to which it refers form the entire Agreement between Customer and Guardian Angel Tech. There are no oral or written agreements between Customer and Guardian Angel Tech other than as set forth in this Agreement. If Customer is a business, Guardian Angel Tech shall not be bound by the terms and conditions included in Customer's purchase orders or elsewhere, unless expressly agreed to in writing by a duly authorized officer of Guardian Angel Tech. If any provision of this Agreement is found to be illegal or otherwise invalid, the remainder of this Agreement will remain enforceable If, at any time, Guardian Angel Tech fails to enforce any right or remedy under this Agreement (including, but not limited to, a waiver of Guardian Angel Tech’s right to written notice under the Agreement), Guardian Angel Tech shall retain the right to enforce such right or remedy at a later time.
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