Mobile Awareness Legal Information
Subject to Change Without Notice
The contents contained within this Website, including but not limited to, all design, text, logos, service marks, trademarks and images are owned by Mobile Awareness, LLC unless otherwise noted, and subject to and protected by Copyright 2005 – Mobile Awareness, LLC. All Rights Reserved.
All other trademarks appearing on our Website are the property of their respective owners and are used here solely for identification purposes. The reproduction, transmission, distribution, republication or retransmission of all or any part of this Website without the prior written authorization of Mobile Awareness is prohibited. Mobile Awareness User recognizes that the unauthorized use of Website content may subject the user to civil or criminal liability.
This Website is maintained and operated by Mobile Awareness, LLC. We respect the privacy of its Website visitors and we do not provide or sell any information collected from the Website to any third parties. Any personal information collected by Mobile Awareness, LLC on its Website will be used for internal business purposes only and as a means to better communicate with our customers and business partners. By providing contact information including your address, phone numbers, FAX number and e-mail address constitutes permission for us to communicate with you via these means. If you would like to change or delete any personal information previously submitted, please contact us at info@MobileAwareness.com or write to us at: Mobile Awareness, LLC, 6573 Cochran Road, Suite A, Solon, OH 44139
Subject to Change Without Notice
By accessing and browsing the Mobile Awareness Website (the “Site”), you agree to the following terms and conditions:
(1). You may download and print pages of the Site for private, noncommercial use, provided that you do not remove any attributions, copyright notices, or other proprietary notices from them or otherwise modify them. You may not, however, download or print pages of the Site for public or commercial purposes without Mobile Awareness’s written permission. In addition, you may not, without Mobile Awareness’s written permission, distribute, modify, reproduce, sell, offer to sell, transmit, prepare derivative works of, or otherwise use any pages of the Site, other text or images displayed on the Site, or other content or code provided on or otherwise made available in connection with the Site. (All the foregoing pages, text, images, and other content and code are referred to as “Site Materials.”)
(2). The Site Materials may include images of people or places that are either the property of, or used with permission by, Mobile Awareness. Except to the extent you are authorized by Section 1 to download and print unmodified pages of the Site for private, noncommercial use, and without limiting the restrictions set forth in Section 1, any use of these images by you, or anyone else purportedly authorized by you, is prohibited. Unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
(3). Mobile Awareness and its licensors retain all right, title, and interest in and to all copyrights and other intellectual property rights in or relating to the Site and the Site Materials. In addition, Mobile Awareness and its licensors retain all right, title, and interest in and to all trademarks, service marks, logos, and other indicia of origin (collectively, the “Marks”) displayed on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Mobile Awareness. Any use of the Marks by you, or anyone else purportedly authorized by you, is prohibited. You are also advised that Mobile Awareness will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution when appropriate.
(5). The Site and all Site Materials are provided “as is,” without warranty of any kind. Neither Mobile Awareness nor any other person or entity involved in creating, producing, delivering, or updating the Site (each a “Site Provider”) makes any representation or warranty concerning the Site, the Site Materials, or your use of the Site or any Site Materials. To the maximum extent permitted by law, Mobile Awareness disclaims, on its own behalf and on behalf of any and all other Site Providers, any and all implied warranties that might otherwise arise or apply, including any implied warranty of merchantability or of fitness for a particular purpose and any implied warranty of title, non-infringement, or quiet enjoyment. Although Mobile Awareness’s objective is to provide accurate and up-to-date information on the Site, neither Mobile Awareness nor any other Site Provider makes any representation or warranty of accuracy, and neither Mobile Awareness nor any other Site Provider will have any responsibility or liability for any error or omission in any Site Materials. In addition, the use of antivirus and other security software is your responsibility, and neither Mobile Awareness nor any other Site Provider will have any responsibility or liability for any virus, worm, or other malicious, intrusive, or otherwise harmful code that may be introduced into your computer equipment or other property as a result of your use of the Site or any Site Materials.
(6). Neither Mobile Awareness nor any other Site Provider will be liable to you or any other person or entity for any damages, whether direct or indirect, arising out of or otherwise relating to the Site, the Site Materials, or your use of the Site or the Site Materials. In no event will Mobile Awareness or any other Site Provider be liable to you or any other person or entity for any special, incidental, consequential, or punitive damages. This exclusion of special, incidental, consequential, and punitive damages is independent of any other limitation of remedy.
(7). The Site may contain links to other websites or frames that contain pages, or portions of pages, of other websites (“Other Site Materials”). Mobile Awareness has not necessarily reviewed such Other Site Materials and will not be responsible or liable to you or any other person or entity for any such Other Site Materials or their content or use. Any use by you of such Other Site Materials is at your own risk.
(8). Although Mobile Awareness may, from time to time, monitor or review postings, transmissions, uploads, etc. (collectively, “Postings”), if any, on the Site, Mobile Awareness is under no obligation to do so and assumes no responsibility or liability arising from any Posting, its content, or any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information in any Posting. You are prohibited from posting, transmitting, uploading, or otherwise causing to be placed on the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or proprietary right of any third pay. Mobile Awareness will fully cooperate with any law enforcement authorities or court order requesting or directing Mobile Awareness to disclose the identity of anyone posting any such information or materials.
(11). Liability Disclaimer: The products sold on this Site are not intended to be a replacement or substitute for standard motor vehicle equipment, nor for careful, cautious driving. Driver safety, common sense and adherence to the traffic laws must always be followed. Mobile Awareness, LLC shall in no event be liable for:
•Any direct or indirect damages, including personal injury or death, resulting from errors that occur in the use of any product, irresponsible acts, unsafe driving or negligence.
•Consequential, incidental or special damages or for installation, adjustment, or other expenses which may arise from the purchase and/or use of these products.
Subject to Change Without Notice
Contact Mobile Awareness, LLC via our contact page here
International customers must contact firstname.lastname@example.org for a shipping rate and to learn about product availability before placing your order. Please note: Mobile Awareness, LLC may not, at its own discretion, ship to all countries.
There is no minimum order.
• Orders are typically shipped within (1) one to (5) five business days after the receipt of order to accommodate order processing (weekends and holidays excluded)
• Any orders placed over $100 may require customer signature upon delivery
• If the “Ship To” and “Bill To” addresses are different, further verification is required; please allow extra time to process your order
• Electronic downloads are a manual approval process and may require a minimum of (1) one business day to complete
At the present time we accept all major credit cards, as well as PayPal (www.paypal.com) merchant system transactions. In addition, we will accept money orders, cashier’s checks, and business checks only upon approval (no personal checks). Unless you have an established account with us, we will hold your order until your payment clears. If sending a payment via standard mail, you must include a copy of your invoice or a note stating what equipment/gear you are submitting payment for. Your order will be delayed if we cannot match your payment with an order.
Damaged or Incorrect Shipments
If an item is damaged or shipped to you in error you can email us at email@example.com or call us at 866-653-5036 to receive a Return Authorization (RMA) number for return. Once processed you will be sent a replacement product or given a refund for the wrong product.
Please note: you will not be responsible for return shipping fees if your items were damaged in the original shipment or if we sent you the wrong item(s).
We will provide a label for you to ship back the item.
We accept returns/exchanges for twenty (20) days from the date of receipt, except under the following conditions:
• No Returns on special order items – NO Exceptions
• No Returns if box or contents is missing or damaged
• No returns on products marked as “Closeout” items. If a Closeout item arrives broken or defective, we will gladly exchange it for the same item.
• Software and Electronic charts are not returnable
• Shipping charges are not refundable
All returns/exchanges must be in new condition, complete with original box, instructions, warranty cards, etc. If you send us a return/exchange which is not complete, a restocking fee will be charged. All returns/exchanges require approval via our RMA (Return Material Authorization) form. Please note the following when requesting an RMA:
• E-mail us all of the details at firstname.lastname@example.org and we will provide you with a Return Material Authorization (RMA) number
• The item must be returned in the condition it was received and in its original packaging. This will insure prompt credit to your account
• For your protection, we recommend shipping your return via UPS Ground or Federal Express, since these services are easily traceable.
• If you use US Priority Mail, be sure to insure the package and request a Delivery Confirmation receipt.
Inside the box, include a copy of your invoice or a separate sheet of paper detailing all of the following information:
- Buyer’s name and address as it appears on the invoice
- Daytime phone number including area code
- Valid email address
- Brief reason for the return
- State whether you want a refund or exchange
Return Material Authorization numbers (RMA`s) are only valid for fourteen (14) days after they have been issued. Products returned after the expiration date will be refused.
A restocking fee will be deducted from all returned orders that arrive at our warehouse WITHOUT a Return Authorization Number. The fee will be 20% of the sales price of the item(s)
All packages refused by customers without prior written consent will be charged for return shipping
Refunds are issued to the credit card used for the original purchase or in the case of a PayPal transaction, credited to that account.
Subject to the limitations and exclusions set forth in this Warranty, MobileTRAQ™, SenseStat®, TireStat®, VisionStat® (herein collectively called the “Product”) is warranted by Mobile Awareness, LLC (the “Manufacturer”) against defects in material or workmanship that result in product failure during the three-year period following the date of purchase. This Warranty applies only to claims made by the original end user and cannot be assigned, transferred or conveyed to any subsequent users.
EXCLUSIONS FROM COVERAGE: This Warranty does not apply to any claims arising from misuse, abuse, unauthorized repair or alteration, circumstances where any Product is improperly installed or improperly wired contrary to the Installation & User Manual instructions, damage, or defect attributable to fire or other casualty, including, without limitation, acts of God or exposure to abrasive or corrosive materials or pollutants, or attributable to collision or other accidents involving vehicles upon which the Product is installed.
STATUTE OF LIMITATIONS: To the extent permitted by state law, in purchasing the Product you agree that any action for breach of contract or warranty must be commenced within three years after the cause of action has accrued. Some states may not allow this provision, so it may not apply to you.
WARRANTY LIMITATIONS: Manufacturer does not warrant and will not repair or replace or make adjustment with respect to any Product that has been subjected to misuse or abuse, including the following: a) not following the guidelines expressed in the Installation & User Manual; b) intentional misuse or misapplication; c) changing the original condition of the Product system by alteration or by subjecting it to any processing such as welding or straightening; d) accidents, abnormal or severe operating conditions including without limitation, fires, or driving during seizures or with a flat tire; e) failing to follow maintenance and other instructions and warnings periodically set forth by Mobile Awareness; recommended maintenance includes, without limitation, periodic cleaning and inspection for damage; f) this warranty is void if the original invoice or sales receipt is not available for verification, or upon transfer of title on any Product by the original purchaser. THERE IS NO WARRANTY THAT THE PRODUCT SHALL BE MERCHANTABLE OR SATISFACTORY FOR ANY PARTICULAR PURPOSE. NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT SUCH AS IS EXPRESSLY SET FORTH HEREIN. MANUFACTURER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS FOR ANY BREACH OF WARRANTY, ITS LIABILITY AND THE PURCHASER’S EXCLUSIVE REMEDY BEING LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS STATED IN THIS WARRANTY.
NOTICE: This Warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
EXCLUSIVE AGREEMENT: To the extent permitted by state law, this Limited Warranty is a complete and exclusive statement of the warranties which apply to the Product; there are no express or implied warranties beyond those expressly stated above. No employee, agent, dealer or other person is authorized to give any warranties on behalf of the Manufacturer, except as authorized in writing.
PROCEDURE: Customer must notify Mobile Awareness within ten days of discovering the defective product or part and provide a description of the defect and complete information about the manner of its discovery. Repair or replacement will be handled by a Mobile Awareness representative. A copy of the sales slip must accompany units returned to the manufacturer. Sender must contact Mobile Awareness prior to returning any item and in doing so must request a formal return authorization number (RMA). Additional information on the RMA procedure can be found here. You can contact Mobile Awareness by calling 866-653-5036, emailing us at email@example.com or writing us at the following address:
Return Shipping Address:
Mobile Awareness, LLC
6573 Cochran Road, Suite A
Solon, OH 44139
Attn: Technical Support