These Terms and Conditions (the “Terms”) are entered into between you (“you,” or “User”) and Level 2 Security LLC, and its affiliates and related entities (“Company,” “the Company,” “we,” “us,” and “our”). These Terms govern your access to and use of Company services offered on the website located at www.ifitmoves.com (the “Website”), as well as our mobile application, the If It Moves… Application (“GunAlert”, or the “Mobile Application”, together with the Website, the “Platform”), including any content, functionality, and the purchase of services or products offered on or through the Platform.
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Platform.
By accessing, browsing, submitting an order or other information to and/or using the Platform, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.
If you do not agree to these Terms, please do not use the Platform.
1. Purpose of the Platform.
The Platform is provided for informational purposes, enabling communication between you and the Company, and the marketing and sales of our line of GPS tracking products (collectively, the “Products” or “If It Moves Device”). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
The Company also provides the Platform and any related data, accounts, profiles, forms, and all content provided on the Platform, for the purposes of providing you with our services, such as tracking for your purchased devices.
All data related to your account is stored on our servers in encrypted format. The encryption key is only stored on your phone. The decrypted data can only be viewed in the If It Moves… application on your phone using the stored key. Location data of your If It Moves… Device is sent directly to your phone and not stored on our servers. Location data remains on your phone for thirty (30) days or until you choose to delete it in the If It Moves… application, whichever comes first.
1. Use of the Platform.
The Company grants you a non-exclusive right to access and use the Platform and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Platform shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Platform for your own commercial purposes. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.
1.Purchases and Subscription Services.
Subscriptions. If It Moves… works by communicating with our servers and your phone over a wireless network. This requires a wireless service subscription. Your If It Moves… purchase includes a six (6) months subscription consisting of unlimited Actions. An “Action” occurs every time the If It Moves… Device communicates, either sending or receiving. Currently available Actions include Enable Security, Disable Security, Movement Detected, Geofence Exited, Location Update, Locate Me and Low Battery Alert. You can track your remaining number of Action in the Mobile Application. At the end of your initial subscription, you can purchase a renewal subscription at www.ifitmoves.com. Renewal subscriptions are available for several lengths of time and numbers of Actions to suit your usage requirements.
Orders. Orders will be initiated when you submit an order on the Website. By placing an order, you affirm that you are of legal age to enter into a binding agreement for Company Products, and acknowledge that you are bound by these Terms. You may not order from this Website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company, or (c) are prohibited from accessing or using this Website by applicable law.
If you wish to purchase any Products available through our Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the prices in effect as of the time the order is placed, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you submit to the payment method specified at the time of order.
All orders must identify, at a minimum, the specific Products, unit quantities and requested delivery dates. All orders are subject to the Company’s acceptance, and we reserve the right to limit quantities and to refuse to deal with any person at our sole discretion.
Prices and Taxes. All prices are subject to change without notice. Orders are billed at the prices in effect at the time the order is placed, and all prices are shown in U.S. dollars.
Company reserves the right, in its sole discretion, to offer a volume discount based on the quantity of products purchased in a single transaction. Volume discount pricing is further subject to product availability, and quantity limits may apply. Please contact us directly at [email protected] to inquire about volume discount pricing. As applicable, if you do not purchase the quantity upon which quantity prices are based or as otherwise agreed with the Company, you will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee.
Export orders may be subject to special pricing.
List prices do not include any federal, state or local duties, excise, sales, use or other taxes, tariffs or duties (collectively, “Taxes”) that may apply to Products. You are responsible for paying all taxes associated with your purchase hereunder. If the Company has the legal obligation to pay or collect Taxes for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the applicable taxing authority. In connection therewith, you will indicate which products are tax exempt when you place any order.
Product Information. Information about our Products is provided on our Website for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability (see Product Availability below for more detail) may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Website. We reserve the right to correct or update our Website with respect to Products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us right away.
Product Availability. Product availability on our Website is not guaranteed as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected Product is not available at the time your order processes, we will notify you of this via email. You will receive a shipping confirmation email once your products have shipped.
Delivery and Title. All shipments from the Company are FOB point of shipment from our facility and the amount of all shipment charges will be paid by you in addition to the purchase prices of the Product, unless otherwise provided by the Company, in its sole discretion. Selection of the carrier and delivery route will be at Company’s option. We will use commercially reasonable efforts to initiate shipment and deliver Products as close as possible to the estimated delivery date(s). In the event of any rescheduled delivery which is initiated by you, we may increase delivery fees commensurate with any increase in Company’s prices and costs, without prior notice to you of the same. Notwithstanding any of the above, you acknowledge that we do not maintain direct control of shipment and delivery and that any shipment and delivery dates provided by us are estimates only. Company will not be liable for any failure to adhere to estimated delivery dates.
Delivery to a carrier will constitute delivery to you, and risk of loss of or damage to the Products will pass to you at this point. If the Products are damaged in transit, your only recourse is to file a claim with the carrier. Title to the Products shall remain with the Company until payment in full is received. Upon request and as available, and at all times at our discretion, Products may be invoiced and held by Company at your risk and expense.
Cancellations; Returns; Refunds. You agree that once an order is placed on the Website, the Products cannot be cancelled or returned unless the Product is within the limited warranty provided by the Company or with the Company’s prior written authorization. If outside the limited warranty and you receive such authorization from the Company, the Products must be sent freight prepaid to the Company, accompanied by the date of purchase and, if requested, a written statement describing the reason(s) for the return and the circumstances under which it arose. At the Company’s sole discretion, a restocking charge of twenty percent (20%) of the invoice value of the returned Products may be made for returns other than warranty returns. Any request for refund shall be directed to the Company. The Company, in its sole discretion, shall determine if any refund shall be issued to you. All Company decisions on refunds, cancellations and returns are final.
The Company does not take title to returned Products until the item is received by the Company at the applicable return location. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by the Company.
Limited Warranty. Company warrants that the Products will materially conform with instruction manuals, user guides and/or other product informational materials which are provided by or otherwise made available (online or otherwise) by Company for a period of twelve (12) months from the date of purchase. In the event of any breach of the foregoing warranty, Company agrees to make all necessary repairs, or replace the affected Products, without additional cost to you. You may also, at your option, elect to return the Product within the warranty period and receive a full refund on the non-conforming Product.
This warranty does not apply in the event of any damage or non-conformity which is caused by misuse, attempted or unauthorized repair, modification or improper installation, abuse, connection of the Product to an improper voltage supply or reception or transmission problems caused by inadequate or improper antenna.
EXCEPT AS OTHERWISE SET FORTH HEREIN ABOVE, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE RELATED TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Force Majeure. Company will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, Product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine or other governmental restrictions, riots, or war. The time for delivery or performance will be extended by the period of such delay or Company, at our sole option, may cancel any order or remaining part thereof without liability by giving you prior notice.
Export Controls. Products purchased may be subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export laws, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. You represent and warrant that you are not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and it’s not otherwise prohibited by law from purchasing the Products. If applicable, you shall be responsible for obtaining any required license to export, re-export or import.
1.User Account Responsibility.
If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password. You agree not to use the account, username, or password of another Platform user at any time.
You agree that you will not:
If you or someone using your Platform account violates these rules and fails to remedy this violation after a warning, we may take action against you, including revoking access to certain or all Company devices/products and services or terminating your Platform account as described below, “Termination and Restriction of Access.” When practical, we will notify you of the action we will take in response to violations of these rules or breach of this Agreement.
You acknowledge that your access and use of any third-party applications or software on our Platform and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
1.Intellectual Property Notices.
The Platform and Content are protected by registered and unregistered copyrights, trademarks, or are subject to other proprietary rights. You likewise have no right, title or interest in or to the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or similar intellectual property or proprietary rights associated with our Products (“Product IP”). Accordingly, you are not permitted to copy or use any such Product IP other than in connection with the use of such Product as contemplated herein, and you may not use the Platform or Content in any manner, except as expressly permitted by the Company in these Terms. The Platform or Content may not be copied, reproduced, modified, published, displayed, uploaded, posted, transmitted, performed, or distributed in any way, or otherwise used without the express written consent of the Company or the applicable owner, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or the applicable owner.
Copyright. You should assume that everything you see or read on the Company’s Platform is copyrighted, unless otherwise noted, and may not be used in any manner whatsoever without the express written permission of the Company or the applicable owner. The Company neither warrants nor represents that your use of materials displayed on the Company’s Platform will not infringe the rights of third parties. Content, images, photographs, meta data, text, or illustrations displayed on the Company’s Platform is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Platform. Any unauthorized use of any content, images, photographs, meta data, text, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. LEVEL 2 SECURITY (U.S. Serial No. 90830434) and If It Moves… are registered or unregistered trademark(s) owned by the Company to which the Company has common law rights in the same extending to the full scope of goods and services provided by the Company. Nothing contained on the Company’s Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Platform without the express written permission of the Company or such third party that may own a trademark displayed on the Company’s Platform. Your use or misuse of the Company’s trademark(s), or anything confusingly similar thereto, displayed on the Company’s Platform, or any other Content on the Company’s Platform, except as provided herein, is strictly prohibited.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks, and other proprietary materials that you see, hear, and use on the Platform. You understand that any unauthorized use or misuse of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use or misuse, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use or misuse.
Questions regarding the use of any intellectual property provided on the Platform should be directed to [email protected].
The Company is a Delaware limited liability company in the United States. The Company provides this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its contents are accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED BY THE COMPANY TO YOU VIA THE PLATFORM ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PRODUCTS, THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, BLACKOUTS OR LOSS OF SERVICES DUE TO FAILURES OF THE UNDERLYING TECHNOLOGIES SUCH AS GPS, CELLULAR NETWORKS AND INTERNET CONNECTIVITY. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE PLATFORM WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THE PRODUCTS, THE PLATFORM, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PRODUCTS, THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORM, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORM SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If this limitation of liability is found to be invalid or unenforceable for any reason, in whole or in part, then the aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Company through the Website during the twelve (12) month period immediately preceding the claim giving rise to such liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any certain warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of the Company Indemnitees arising out of or relating to Your Content, your violation of these Terms, your misuse of the Products, any damages or injury to physical property or individual persons arising out of or in connection with the use or misuse of the Products, or your violation of any applicable laws, rules or regulations in connection with the Website or Products. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.
The Company reserves the right, in its sole discretion, to deny, restrict, suspend or terminate your use of all or any part of the Platform at any time, for any reason or no reason at all, including, but not limited to, if you have violated these Terms or if you may pose a threat to the Platform and/or its users, with or without notice or explanation, and without liability. After access is terminated, these Terms will terminate, but any terms that by their nature survive the termination of these Terms shall continue to apply. The Company shall not be liable for any losses or damages arising from any such termination of service.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Platform, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Platform, you hereby consent to submission of any dispute to be final and binding arbitration.
Any cause of action or claim you may have arising out of or relating to these Terms, our Products or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
These Terms are governed by the laws of the State of Ohio, without regard to conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Hamilton County, Ohio, in all disputes arising out of or relating to these Terms.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Platform after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Platform. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Questions can be directed to the Company via e-mail at [email protected].