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Terms of Service

Last updated: Version: 2.1Effective:

Welcome to the Terms of Service (these “Terms”) for the website SafeTrekr.com, including any functionality, products, services, software as a service platform, hardware, and mobile application(s) offered on or through the website (collectively, the “Services”) operated by Overwatch Consulting LLC DBA SafeTrekr, a Texas corporation, with its principal place of business in Tyler, Texas (“SafeTrekr,” “we,” “our,” or “us”). These Terms govern your access to and use of the Services.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING THE SERVICES. BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND ACKNOWLEDGE OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

PLEASE NOTE THAT THESE TERMS CONTAIN A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. FOR MORE INFORMATION, PLEASE SEE SECTION 18.

THE SERVICES ARE CONTROLLED AND/OR OPERATED FROM THE UNITED STATES. THE SERVICES ARE NOT INTENDED TO SUBJECT SAFETREKR TO NON-U.S. JURISDICTION OR LAWS. If you access or use the Services from outside of the United States, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations in your jurisdiction.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. Access and Use of the Services

You may use the Services to access information and materials solely as permitted in these Terms. The information and materials on the Services are not offered as legal, accounting, or other professional advice and are not tailored to your specific circumstances. The information and materials on the Services may occasionally be inaccurate, incomplete, or out of date, and we make no representation as to the completeness, accuracy, or currentness of any such information or materials. References to any of our affiliated companies' products or services are not intended to constitute offers to sell or solicitations in connection with any of our own products or services. ANY RELIANCE YOU PLACE ON THE INFORMATION OR MATERIALS PROVIDED ON THE SERVICES IS STRICTLY AT YOUR OWN RISK. SAFETREKR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE SERVICES BY YOU OR ANY OTHER VISITOR TO THE SERVICES OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THE SERVICES' CONTENTS.

2. Creating and Safeguarding Your Account

To use certain features of the Services, you may need to create an account (“Account”). Unauthorized use of or access to Accounts or the Services is strictly prohibited. By creating an Account, you agree that:

  • You will provide us with accurate, complete, and updated information for your Account.
  • You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your username and password.
  • You must immediately notify us if you know or have any reason to suspect of any unauthorized use of your Account, or that your Account username or password have been stolen, misappropriated, or otherwise compromised.
  • We may reject any changes to your Account information or require that you change the Account information that you provide to us at or after registration.
  • We are entitled to act on instructions provided to us under your username and password.
  • We are not liable for any unauthorized access to your Account.
  • You will keep your Account username and password confidential.
  • We may block access to the Services without prior notice if we believe your username and password are being used by someone other than you or for other reasons in our discretion.

3. Third-Party Websites

The Services may provide links to third party websites and resources that are not maintained by us (“Third-Party Websites”). We are not responsible for such Third-Party Websites, and we make no warranties or representations about the content therein. We recommend that you read the privacy notices and user agreements of the Third-Party Websites you visit. We are not and will not be responsible for (i) the terms and conditions of any transaction between you and any such Third-Party Websites; (ii) any insufficiency of or problems with any such Third-Party Websites' background, insurance, credit, or licensing; (iii) the quality of products or the services offered or advertised by Third-Party Websites; or (iv) any other legal liability arising out of or related to your transactions in connection with Third-Party Websites. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. IN THE EVENT YOU HAVE A DISPUTE WITH ANY THIRD-PARTY WEBSITES, YOU AGREE TO RELEASE US AND OUR AFFILIATES, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

4. License Granted

Subject to your compliance with these Terms, we hereby grant to you a revocable, royalty-free, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to access, use, download, install, and operate the Services as an individual or on behalf of a company as permitted in these Terms. The foregoing license is granted to you for the sole purpose of enabling you to use and enjoy the Services in accordance with these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that SafeTrekr, in its sole discretion, may elect to take.

5. Restrictions on Your Use of the Services

Failure to comply with this Section 5 may result in termination of your access or use of the Services pursuant to Section 14 below. While using the Services, you agree that you will not do the following:

  • Exploit the Services for any commercial purpose;
  • Download, modify, adapt, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
  • Decompile, reverse engineer, disassemble, disable, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
  • Use automation software (bots), hacks, modifications (mods), or any other unauthorized third-party software designed to modify the Services;
  • Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
  • Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services, or interfere with any other party's access to or use of the Services or use any device, software or routine that causes the same;
  • Attempt to gain unauthorized access to, interfere with, or damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services, or circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Services;
  • Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, or violate any requirements, procedures, policies, or regulations of such networks;
  • Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes, or otherwise accesses the Services to monitor, extract, copy, or collect information or data from or through the Services, or engage in any manual process to do the same;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems;
  • Use the Services for illegal, harassing, unethical or disruptive purposes, or violate any applicable law or regulation in connection with your access to or use of the Services, including without limitation any applicable data privacy laws;
  • Share, upload, transfer, or otherwise disclose to SafeTrekr any sensitive information, including driver's license information;
  • Restrict or inhibit any other person from using the Services (including, without limitation, by hacking or defacing any portion of the Services); or
  • Access or use the Services in any way not expressly permitted by these Terms.

6. Information You Submit

You agree that all information and materials you provide to us (collectively, “User Content”), is true, accurate, and complete, and you will maintain and update such information regularly. If you provide to us or choose to make any User Content publicly available on the Services, if and where available, you do so at your own risk. You agree and acknowledge that SafeTrekr may disclose User Content if SafeTrekr determines that: (i) disclosure is necessary to enforce these Terms, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of SafeTrekr, its users, and the public; or (ii) appropriate legal process requires disclosure. Without limiting the generality of the foregoing, you authorize SafeTrekr to include User Content in a searchable format that may be accessed by users of the Services and Third-Party Websites (as defined in Section 3), provided, however, that SafeTrekr shall have no liability for User Content that can be public and visible on the Services, Third-Party Websites, or search engines, including after deletion of such User Content by you or SafeTrekr. YOU UNDERSTAND AND AGREE THAT SAFETREKR WILL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY USER CONTENT.

7. Mobile Software

Mobile App Users

Our mobile application (“App”) is designed to work on compatible iOS and Android mobile devices and is generally available through third-party mobile stores (i.e., Apple's App Store or the Google Play Store (each an “App Store”)). If you are accessing the Services through an App, you agree that you will read each App Store's terms and conditions that apply to your use of the App. You agree that only your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.

Terms Specific to Apple Mobile Devices

If you are accessing or using the App on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by reference:

  • To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms are entered into between you and SafeTrekr, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
  • SafeTrekr in its sole discretion will determine when the App will be available on any Apple mobile device, and reference to any device in these Terms shall not guarantee that SafeTrekr will launch the App on any or all of the Apple mobile devices.
  • When accessing and/or using the Services via the App, the rights granted to you in Section 4 of these Terms is subject to the permitted “Usage Rules” set forth in the App Store Terms of Service located at http://www.apple.com/legal/itunes/us/terms.html and any third party terms of agreement applicable to the App. You are also subject to the Apple App Store Terms of Services, which you also acknowledge that you have had the opportunity to review.
  • You acknowledge that SafeTrekr, and not Apple, is responsible for providing the App and content thereof.
  • As between SafeTrekr and Apple, SafeTrekr is solely responsible for providing any maintenance and support services with respect to the App that SafeTrekr may offer (which, if provided, is provided at SafeTrekr's sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
  • You and SafeTrekr acknowledge that SafeTrekr, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • Further, you agree that if the App or your possession and use of the App infringes a third party's intellectual property rights, SafeTrekr, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.
  • With respect to this Section 7 only, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  • When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken” device).

TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, SAFETREKR, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS SAFETREKR'S SOLE RESPONSIBILITY.

Terms Specific to Android Mobile Devices

If the App is provided to you through Google, Inc. (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by reference:

  • You acknowledge that Google is not responsible for providing support services for the App.

If any of the terms and conditions in these Terms are inconsistent with the Google Play Developer Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

8. Ownership of Trademarks and Services

The SafeTrekr name, trademarks and logo and all related names, logos, product and service names, designs, and slogans are trademarks of SafeTrekr or its affiliates or licensors. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that SafeTrekr and/or its licensors own all right, title and interest in and to the Services (including all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and their content, including, without limitation, the exclusive right to create derivative works. SafeTrekr reserves the right to make such modifications to the Services from time to time as it deems advisable in order to enhance the functionalities or appearance of the Services or for any other reason. Nothing contained in the Services should be construed as granting any license or right to use any trademarks or service marks without the express prior written consent of the owner. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the Services or any information or materials made available through the Services. UNAUTHORIZED USE OF ANY PART OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

9. Ownership of Feedback

You acknowledge and expressly agree that any feedback, comments and suggestions for improvements to the Services you provide to us (“Feedback”) becomes the sole and exclusive property of SafeTrekr, and SafeTrekr may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SafeTrekr any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

10. Responsibility for Use

SafeTrekr does not provide security services, emergency services, medical services, law enforcement services, monitoring services, dispatch services, or real-time response services. The Services provided by SafeTrekr are for general planning, informational, and decision-support purposes only.

You acknowledge and agree that:

  • SafeTrekr does not assume and expressly disclaims any duty of care, special relationship, fiduciary duty, or professional obligation to you or any third party.
  • SafeTrekr does not control, supervise, manage, or direct your personnel, students, travelers, contractors, or third parties.
  • SafeTrekr does not guarantee safety, security, prevention of harm, compliance with law, or successful outcomes.
  • All decisions, actions, and omissions remain solely your responsibility.

The Services are not intended to replace independent judgment, professional expertise, or situational awareness. You are solely responsible for evaluating risks, implementing safeguards, complying with applicable laws, and determining appropriate responses in all circumstances, including emergencies.

11. Disclaimers

You understand and agree that the Services are provided to you on an “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SafeTrekr, its parents, affiliates, related companies, officers, directors, employees, contractors, officers, agents, representatives, partners and licensors (collectively, the “THE SAFETREKR ENTITIES”) DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES, AND MAKE NO WARRANTIES OF ANY KIND (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING WITHOUT LIMITATION (I) THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR LOSS OF DATA; (II) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (III) ANY HARM TO YOUR COMPUTER SYSTEM, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (IV) THE SERVICES' OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (V) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (I) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICES AND (II) ENSURE THAT ANY SOFTWARE AND HARDWARE THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING VIA THIRD-PARTY WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SAFETREKR ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL THE SAFETREKR ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING FROM CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OR ANY OTHER CAUSE OF ACTION, EVEN IF THE SAFETREKR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, BUT NOT LIMITED TO: (I) LOSS OF USE, DATA, PROFITS, OR BUSINESS INTERRUPTION; (II) ANY ACTS OR OMISSIONS OF ANY INDIVIDUAL OR LOSS OF ANY PERSONAL PROPERTY; (III) PERSONAL INJURY OR LOSS OF LIFE ARISING FROM YOUR USE OF THE SERVICES; OR (IV) ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF A COURT OF COMPETENT JURISDICTION FINDS SAFETREKR LIABLE TO YOU, THEN THE SAFETREKR ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED IN ANY MATTER ARISING FROM, RELATED TO, OR CONNECTED WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You agree to defend, indemnify, and hold harmless the SafeTrekr Entities from all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) incurred by the SafeTrekr Entities arising out of or in connection with: (i) your access of or use of the Services; (ii) the acts or omissions of any individual; (iii) your violation or breach of any provision of these Terms, any applicable law or regulation, or the rights of any third party; and/or (iv) your negligence or willful misconduct. SafeTrekr reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify SafeTrekr. If SafeTrekr chooses to assume the defense of any matter that is subject to indemnification by you, you will cooperate with SafeTrekr, at its expense, in any respect reasonably requested by SafeTrekr. You also acknowledge and agree not to settle any matter without the prior express written consent of SafeTrekr.

14. Termination of License and Your Account

You may terminate these Terms by closing your Account and stopping all access to or use of the Services. If you breach any of the provisions of these Terms, all licenses granted to you by SafeTrekr will terminate automatically. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your access or use of the Services or any third-party claim that your use of the Services is unlawful or infringes such third party's rights). Additionally, we may suspend, disable, or delete your Account and/or access to the Services (or any part of the foregoing) with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect, subsequent to and notwithstanding any termination of the license or your Account by SafeTrekr or you. Termination will not limit any of our other rights or remedies at law or in equity.

You acknowledge and agree that SafeTrekr will not be liable to you or any third party for any termination of your access or use of the Services or your Account. If we terminate your access or use of the Services, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates and subsidiaries shall not be liable for any termination of your access or use of the Services or to any such information or files (except as may be required under mandatory applicable law), and shall not be required to make such information or files available to you after any such termination.

15. Injunctive Relief

You agree that a breach of these Terms may cause irreparable injury to SafeTrekr for which monetary damages would not be an adequate remedy and SafeTrekr shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

16. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

17. Governing Law

You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Services) is governed by and shall be construed in accordance with the laws of the State of Texas, United States, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Smith County, Texas, United States, and waive any jurisdictional, venue, or inconvenient forum objections thereto.

18. Dispute Resolution; Class Action Waiver; Jury Trial Waiver

Applicability

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SAFETREKR (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES.

Dispute Notice and Informal Dispute Resolution

If a dispute should arise between you and SafeTrekr, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and SafeTrekr each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Overwatch Consulting LLC DBA SafeTrekr, Attention: Legal, or (2) emailed to [email protected]. You and SafeTrekr agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or SafeTrekr may commence a lawsuit.

No Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THAT THE CAUSE OF ACTION OR CLAIM ARISES.

Waiver of Jury Trial

EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

19. Updates to These Terms

SafeTrekr may from time to time in the future change or modify these Terms, in which case we will update the “Effective Date” at the top of these Terms, provided that these changes will be prospective only and not retroactive. If SafeTrekr makes material changes, we will use reasonable efforts to attempt to notify you, such as by e-mail to the e-mail address in your Account and/or by placing a prominent notice on the first page of these Terms. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. If you continue to use the Services after any changes or modifications of these Terms are posted, you will be considered to have accepted such changes and/or modifications. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE ACCESS OR USE THE SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT YOUR ACCESS AND USE OF THE SERVICES AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR NEW ACCESS AND USE OF THE SERVICES. If you do not agree to the changes, you should not access or use the Services after the effective date of the changes. Please revisit these Terms regularly to ensure that you stay informed of any changes.

20. Notifications

As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you in connection with the Services (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You may have certain control over the Push Messages settings, and can manage certain settings through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from SafeTrekr. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of push messages from SafeTrekr. You acknowledge that you are responsible for all fees charged for your use of the above in connection with your use of the Services.

21. Miscellaneous

These Terms hereby incorporate by reference any additional terms that we post on the Services (including, without limitation, our Privacy Policy) and, except for Additional Agreements and as otherwise expressly stated herein, these Terms are the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. If any provision contained in these Terms is held by a court to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of these Terms will not be affected thereby. These Terms and the licenses granted hereunder may be freely assigned by SafeTrekr but may not be assigned by you without the prior express written consent of SafeTrekr. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

22. How to Contact Us

You may contact us regarding the Services or these Terms by email at [email protected], or via mail at SafeTrekr, 5380 Old Bullard Rd., Ste. 600-247, Tyler, TX 75703. Since email communications cannot always be secure, do not include sensitive information in any such email.

Questions about these terms?

Contact us at [email protected] or write to us at Overwatch Consulting LLC DBA SafeTrekr, 5380 Old Bullard Rd., Ste. 600-247, Tyler, TX 75703.