By using and/or subscribing to Verizon's Family Locator service, Application and any software/components ("Service"), you are entering into a binding agreement with Verizon Wireless ("Verizon") and your use of the Service is subject to these Terms and Conditions ("Terms"). The Service is also subject to the terms of Verizon's Customer Agreement that you agreed to upon your sign up of Verizon's wireless service, which terms include the Arbitration provisions therein. To view the Customer Agreement, use this link: http://www.verizonwireless.com/b2c/support/customer-agreement. By using the Service for any line under your wireless account, you accept these Terms for yourself and for any user that you allow to use the Service under your account. By using the Service, you agree that you are 18 or older. This Service is not intended for users under 13. If you are under 18, you must obtain the permission of your parent or legal guardian to use the Service. If you do not agree with these Terms, you must stop using the Service. Verizon may modify, suspend or terminate the Service at any time with no liability and may make updates to these Terms without notice. By continuing to use the Service, you are expressing and acknowledging your acceptance of such revised Terms.
- Overview. Family Locator allows you to locate the mobile devices registered under your account that are used by other users you authorized to be added to the Service, and which devices have been enabled for this Service. You are able to view each of your account user's location on a map provided as part of the Service. The Service allows you and your account users to view the location of the enabled mobile devices and to receive location alerts. Alerts may also be sent to contacts in the account owner's address book. The account owner may also choose to send location information for any mobile device under its account to another trusted person in their contact list via text or email. If you upload a photo, your photo will be seen by your account's Family Locator users. Family Locator is designed to be used within Verizon coverage areas in the continental U.S. and Hawaii and you must have an internet connection. Some features may not function outside of this service area. For some devices, delivery of the Service may not be available in all areas and for all users, the Service and location information may be approximate only, unavailable and is subject to network availability and capability, environmental and atmospheric factors. The Service uses best efforts to calculate and return a location. However, due to potential limitations in location technology, device location may not be accurate, or available at all, for instance when a device does not have direct line-of-sight to the sky, is indoor, in tunnels, or underground. Some features require the mobile application to be installed on the devices being located, such as more precise location, mapping devices to places, and location-based alerts. Location information may be off by several miles if you do not use the application. Not all devices are compatible with the mobile software. Verizon may update, change or terminate this Service at any time without notice. Device line limits apply. Some features may not be available when users use older versions of the Service's mobile application.
- Registration. To register for the Service, you must have a My Verizon account. Upon My Verizon registration, you will be asked to provide a password. You must secure and protect your registration and account information including your password and you agree to be responsible for all use of the Service and any other activities under your account. Do not let others use your registration and account information.
- Notifications. For your security, Verizon notifies account users when they are added to the Service. You must obtain the consent of all those users under your account that you add to the Service and inform them that the location of the device they are using and that is enabled for the Service will be monitored. For security reasons, notifications are also sent monthly to users reminding them of the ability of the mobile device they are using to be located and that alerts will be sent to the user who is the account administrator. Account administrators will receive push notification text messages regarding account user movements and location information.
- No Improper or Illegal Use. You agree, represent and warrant that your use of Family Locator will be solely for your lawful, personal use and for no other purpose. You will only request location information for devices assigned to your account, in the possession of individuals under your legal supervision, custody or control or for which you have obtained authorized consent to participate in the Service. Unlawful use of this service may carry criminal and/or civil penalties. You will not stalk, harass, harm, threaten or invade the privacy of any person. You also agree to follow all applicable laws and regulations.
- Location Consent; Availability and Accuracy. By using this Service you understand that you have no expectation of privacy as to the location of your devices and you consent to Verizon's review of the location of the devices that are enabled as part of this Service. Verizon does not guarantee the availability, accuracy, timeliness or completeness of location information and it may only be approximate, delayed or interrupted due to limiting factors such as coverage area, service type, location technology, device is disabled, on a call, sending messages, running applications, or the battery is drained, atmospheric, environmental and geographic conditions, satellite limitations, cell site location and information or other network conditions. Certain devices such as the iPhone and non-smartphones have limited location accuracy which may impact certain features of the Service. Location accuracy may also be limited in rural and other areas where the Verizon network coverage is limited.
- Safety. Use caution if and when providing location information to others and only share location information with those you trust. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention. Family Locator is not a substitute for adult supervision. Always use caution when displaying and disseminating personally identifiable information about your device, yourself, others or the location of yourself or other users to anyone else.
- Fees and Data Charges.You will be charged a monthly subscription fee to use this Service. Data charges apply and standard text message and fees apply. Your use of the Service will be billed according to your account and data plan. Data charges may apply when using the Service even if your device is also connected to WiFi.
- Licenses and Restrictions. The Service is the property of Verizon or its licensors. The Service software and Application installed on your device are licensed and not sold to you. Verizon and its licensors grants to you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States. You will not or permit anyone else to sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. You may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. You will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to you herein are reserved. Verizon may revoke this license at any time without notice.
- Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon's brand are the sole property of Verizon and Verizon does not grant any rights to such branding to you for any use at all. You may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.
- User Content. For certain eligible devices, the Service allows you to upload content to display relating to yourself or a user under your account. You are responsible for any content that you upload to the Service. Verizon does not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Content may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not use or attach copyrighted content in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct.
- Digital Millennium Copyright Act Notice. If you believe that your content has improperly used in the Service in a way that constitutes copyright infringement please contact Verizon at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Verizon's system or network should be promptly sent in the form of written notice to Verizon's Designated Agent. The Designated Agent for DMCA Notice is:
Verizon Copyright Department
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
- Open Source and Third Party Licenses. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the License file in the App. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You are subject to the terms of any third part agreements.
- Termination. Verizon may terminate or discontinue the Service at any time without notice, including if you breach these Terms. You may also cancel your use of this Service at any time by unsubscribing to the Service. Any trial of the Service shall terminate at the end of the trial period.
- DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY VERIZON OR ITS LICENSORS 'AS IS' AND 'AS AVAILABLE', WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. YOU UNDERSTAND THAT DEVICE LOCATION MAY BE APPROXIMATE ONLY AND MAY NOT BE AVAILABLE. VERIZON AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULLNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL. VERIZON AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE REGARDING THE ACCURACY OR AVAILABILITY OF LOCATION INFORMATION WHICH MAY BE APPROXIMATE AND MAY BE IMPACTED BY NETWORK CAPABILITIES AND AVAILABILITY, ENVIRONMENTAL CONDITIONS, TOPOGRAPHY, BUILDING LOCATION, ATMOSPHERIC CONDITIONS, WEATHER AND OTHER FACTORS. THE SERVICE COULD CAUSE DAMAGE TO YOU, YOUR DATA, DEVICE, SOFTWARE OR HARDWARE.
- LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOUI AGREE TO LIMIT THE LIABILITY OF VERIZON OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES FOR MONETARY DAMAGES FOR DIRECT AND ACTUAL DAMAGES FOR ANY CLAIMS OR THEORIES OF LIABILITY INCLUDING FOR FRAUD, PERSONAL INJURY, PRODUCT LIABILITY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER CLAIM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD . UNDER NO CIRCUMSTANCES ARE VERIZON, ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. VERIZON SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF INACCURACY OR UNAVILABILITY OF LOCATION INFORMATION, MISUSE OF THE SERVICE, OR BREACH OF THESE TERMS.
- Indemnification. You will indemnify, defend and hold Verizon, its employees, licensors and suppliers harmless from any claims arising out of or relating to your or any of your account users' actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Verizon or any other party (including reasonable legal fees) in connection with such claims.
- Export Control. Use of the Service may be subject to the export and import laws of the Unites States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasure Department’s list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to the U.S. government embargo, or that is designate by the U.S. as a terrorist supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.