Terms and Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. PLEASE DO NOT USE OUR SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS. These Terms of Use ("Terms") apply exclusively to your access to, and use of, GPS NATION’S website and online services. The Terms do not alter in any way the terms or conditions of any other agreement you may have with GPS NATION for products and services. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and GPS NATION for its violations of these Terms. These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us. GPS NATION reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account. All other questions or comments about the Website or their contents may be directed to customer service by calling (800) 410-4525.

 

Part One – Terms for All Site Users

 

Privacy Policy

Please refer to our Privacy Policy for information on how GPS NATION collects, uses and shares personally identifiable information from its users.

Eligibility, Registration and Account

This Website is not targeted towards, nor intended for use by, anyone under the age of 13. By using this Website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Website. In addition, you may not make a purchase from our Website unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to GPS NATION; and (d) promptly notify GPS NATION if you discover or otherwise suspect any security breaches related to the Website.

Ownership of Site Content

Unless otherwise indicated on our Website, the Website and all content and materials of GPS NATION, including but not limited to the GPS NATION logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of GPS NATION or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws. You are granted a limited, nonexclusive license to access and use the Website. Such license is subject to these Terms and excludes: (a) any resale of the Website or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Website and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, the Site Content or any information contained in GPS Nation, except as expressly permitted on the Website or pursuant to separate terms; or (g) any use of the Website or the Site Content other than for its intended purpose. Any other use of the Website or the Site Content, without the prior written permission of GPS NATION, is strictly prohibited and will terminate the license granted by GPS NATION. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes.

Trademarks

"GPS NATION," the GPS NATION logo, and other GPS NATION product or service names, logos or slogans that may appear on the Website are trademarks or registered trademarks of GPS NATION in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of GPS NATION or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GPS NATION and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by GPS NATION.

User Content and Interactive Features or Areas

The Website may include blogs, profiles, product reviews or other interactive features or areas in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Website ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your GPSNATION.com account information (also known as "Your GPS NATION Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Website any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to GPS NATION or any user or consumer or that is contrary to any instructions or warnings relating to the product.
  • User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
  • User Content that, in the sole judgment of GPS NATION, restricts or inhibits any other person from using or enjoying the Website or which may expose GPS NATION or its users to any harm or liability of any type.

GPS NATION takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is GPS NATION liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Website will not contain any content that is prohibited by such Terms.

Although GPS NATION has no obligation to screen, edit or monitor any of the User Content posted on the Website, GPS NATION reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Website at your sole cost and expense.

Rights in User Content and Submissions

Except as otherwise provided by GPS NATION, on the Website or in a separate agreement GPS NATION claims no ownership or control over any User Content. However, by submitting or posting User Content on the Website, you grant GPS NATION and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and full right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Website and on third-party Website.

By posting User Content to the Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Website and to grant the rights to GPS NATION that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with the Website, do not and will not violate these Terms, or any applicable law, rule or regulation.

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Website, GPS NATION or GPS NATION's products or services that are provided by you, whether by email, posting to the Website or otherwise ("Submissions"), are non-confidential and shall become the sole property of GPS NATION. GPS NATION shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Product Reviews

We may provide specific opportunities for you to tell GPS NATION and other GPS NATION members or users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and GPS NATION does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.

User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right.

  • Use the Website in any unlawful manner or in any manner that could damage, disable, overburden or impair the Website;
  • Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending spam;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
  • Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Use or attempt to use another's account without authorization from GPS NATION;
  • Attempt to circumvent any content filtering techniques we employ or access any service or area of the Website that you are not authorized to access;
  • Engage in any harassing, intimidating, predatory or stalking conduct;
  • "Frame" our Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

GPS NATION is not responsible or liable for the conduct of, or your interactions with, users of the Website (whether online or offline), nor is GPS NATION responsible or liable for any associated loss, damage, injury or harm. Although GPS NATION has no obligation to monitor any user conduct on the Website, GPS NATION reserves the right and has absolute discretion to monitor any user conduct on the Website at any time and for any reason without notice.

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Indemnification

You agree to defend, indemnify and hold harmless GPS NATION, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Website; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Website; (c) any Submissions you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

Disclaimer

Except as expressly provided, the Website, Site Content, User Content and services provided on or in connection with the Website (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. GPS NATION DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. GPS NATION does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free.

IN ADDITION, GPS NATION DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING GPS NATION VIDEOS AND "EXPERT ADVICE" ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL GPS NATION, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM GPS NATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GPS NATION'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GPS NATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GPS NATION FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Applicable Law and Venue

These Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Contra Costa County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Termination

Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, GPS NATION reserves the right, without notice and in its sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Part Two – Terms for Users Making Purchases

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE WEBSITE.

Pricing and Availability

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Additionally, many products displayed on our Website are also available in the GPS NATION retail store while supplies last, but you should not assume that what you see on the Website can always be seen in our store. Prices displayed on the Website may vary from those in the store or from store-advertised prices.,

Errors

We attempt to be as accurate as possible and eliminate errors on the Website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

Shipping & Handling

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Website are estimates only – actual delivery dates may vary.

Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Return and Exchanges

GPS NATION Guarantee’s whether you made your purchase from GPS NATION online, by mail or in the GPS NATION store, you may return or exchange it by mail or at our store.

Returns may make you ineligible for promotions and we reserve the right to require identification, proof of purchase, or additional verifiable information to help GPS NATION locate the purchase in our records. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

If you believe a product sold by GPS NATION has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 1-800-410-4525

Complaints and Legal Notices

All complaints and legal notices should be mailed to GPS NATION, 6635 Alhambra Ave, Martinez, CA 94553. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

Warranties

GPS NATION provides a "GPS Nation Guarantee" and products sold by GPS NATION may be returned or service fees refunded in accordance with GPS NATION's returns and warranty policy. PRODUCTS AND SERVICES PROVIDED BY GPS NATION ARE PROVIDED "AS IS". Manufacturers of GPS branded products may provide other warranties, and you agree that you will first look solely to their warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

29. Exclusivity of Remedy; Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY, AND GPS NATION'S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE GPS NATION POLICY. IN NO EVENT SHALL GPS NATION BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF GPS NATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


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