Key Patrol™ Terms and Conditions

COLLECTION OF INFORMATION RIGHTS

Key Patrol ™ and its affiliates offer technology, communication, and marketing services to car dealership partners through a wireless/mobile cellular gateway IoT device that integrates cellular communications, telematic/sensor technologies, emails, text messages, and related services (collectively “Services”). In this process, Key Patrol ™ collects information, including your vehicle’s location, travel direction, mileage, and other related information (“Vehicle Information”). By accessing any of the Services, you expressly agree to the collection, communication, logging, storing, sharing, and utilization of your Vehicle Information by Key Patrol ™ and its dealership partners, including, without limitation, for use in marketing products and services.

OPT-OUT & COMMUNICATIONS RIGHTS

You may opt-out of receiving communications from Key Patrol ™ by unsubscribing or updating your account preferences at any time by selecting unsubscribe within received messages or by contacting Key Patrol ™. Because Vehicle Information and the Services you use may be transmitted via wireless network, you agree that Key Patrol ™ is not liable for any loss of privacy due to Vehicle Information being communicated over such networks.
More information is available in the Key Patrol ™ Consumer Privacy Policy page.

RESTRICTION & TERMINATION RIGHTS

Key Patrol ™ reserves the right to cancel your account and/or restrict or terminate your access to the Services and/or Vehicle Information at any time if you are found not to be eligible or if you violate or breach any of these terms. Key Patrol ™ also reserves the right to cancel or restrict access to the Services at its sole lawful, non-arbitrary, and reasonable discretion in the unlikely event of insolvency, force majeure, or Acts of God that fundamentally interfere with, abuse, or render burdensome normal, proper, or lawful services or usage. In the unlikely event of a restriction or cancellation of an account or services, prepaid services will not be prorated or refunded.

Once service is activated, it is non-cancelable by the customer.

TERMS & CONDITIONS AMENDMENT

Key Patrol ™ reserves the right to change or modify these terms and conditions at its lawful and non-abusive discretion. This may happen with or without prior notice to you and without Key Patrol ™ incurring any further obligations. Any and all changes and/or amendments will become binding terms when issued.

PROPERTY AND SYSTEMS

Key Patrol ™ shall always have the sole and exclusive authority and control over the design, construction, development, management, operation, and maintenance of the Key Patrol ™ properties, including the Services and Vehicle Information. Key Patrol ™ has the unilateral right, without prior notice, to discontinue, add, adopt, or change any Key Patrol ™ properties or methods of collection, maintenance, and support. The Key Patrol ™ name and all trademarks and logos are owned or used under license by Key Patrol ™. Unauthorized use of any trademark, service mark, or copyright is strictly prohibited and remains the property of its legal owner.

COMPLIANCE WITH LAW & SAFETY PRACTICES

Key Patrol ™ and the customer agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the administration and use of the Services and/or Vehicle Information. When operating a vehicle, do not access accounts or check text messages or use any other communication devices. Let’s also be considerate and not use the Services or the Vehicle Information in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services, including your own.

LIMITED WARRANTY & DAMAGES LIMITATIONS

Key Patrol ™ makes no warranty that the Services are available at all times or that the Vehicle Information is available or accurate at all times. UNLESS EXPRESSLY STATED IN THIS NOTICE, Key Patrol ™ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS PRODUCTS OR SERVICES, OR THE NETWORK, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT.

Further, Key Patrol ™ shall not be liable for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any data, signals, or information arising out of or in connection with the Services or Vehicle Information. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Key Patrol ™ SHALL NOT BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF Key Patrol ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE.

Notwithstanding the foregoing disclaimers of liability, in the sole event that Key Patrol ™ may be held responsible to any person for any damages whatsoever, the amount of damages awarded shall be limited to actual damages. You consent to Key Patrol ™’s claims of ownership and validity of its rights in or use of, including logging, collecting, sharing, and storing the Vehicle Information.

The Key Patrol ™ CONSUMER APPLICATION must be downloaded to the Vehicle Purchaser’s phone within 24 hours after vehicle purchase and prior to accessing the “Go to Stolen Mode after Police Report Made.” The customer must make an attempt to recover the vehicle using Stolen Mode and have the app installed to receive the benefit in case it is unrecoverable.

INDEMNIFICATION

By using or accessing the Services or Vehicle Information, you agree to defend, indemnify, and hold Key Patrol ™ harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees and costs, resulting from, arising out of your (a) acts, errors, omissions, or breach of any warranty, representation, covenant, or agreement contained herein; (b) performance of any obligations or terms of service, hereunder; (c) negligence or willful misconduct, including those by your authorized agents or others to whom you allowed access, (d) injury (including death) or property damage to you or to any person caused directly or indirectly by your acts or omissions. There will be no claim for consequential damages related to any delay in activating the Service or accessing the Vehicle Information.

DISPUTE RESOLUTION

In the event any dispute, claim, or controversy, or actions in law or equity, arise from collection, logging, storing, and sharing, or activations, terminations, account maintenance, billings, collections, and support regarding the Vehicle Information, Services, or other properties of Key Patrol AirKey™ Auto (collectively a “Dispute”) shall arise between the parties, such Dispute shall first be attempted to be resolved through mutual good faith negotiation, and if not so resolved, then such Dispute shall second be submitted to formal mediation. If not resolved by mediation, then such Dispute settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall also be entitled to issue equitable relief. Each party to the arbitration shall bear its own costs, including reasonable and necessary attorney’s fees. You and Key Patrol AirKey™ Auto further agree and acknowledge that ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

GOVERNING LAW AND VENUE

Any dispute, claim or controversy, or actions in law or equity, arise from collection, logging, storing, and sharing, or activations, terminations, account maintenance, billings, collections, and support regarding the Vehicle Information, Services, or other properties of Key Patrol AirKey™ Auto (collectively a “Dispute”), shall be exclusively governed and interpreted under the laws of the State of Texas, or where not applicable, the laws of the United States of America, with exclusive venue in Tarrant County, Texas, or the United States District Court, Northern District of Texas.

RETURN & EXCHANGE POLICY

All product purchases are final. Nevertheless, within 1 year of original delivery, a defective product whether originally purchased by, or consigned to, Dealer may be replaced/refurbished, with Key Patrol AirKey™ Auto assuming Shipping & Handling (S&H) costs, if and only if a Return Merchandise Authorization (RMA) is issued after the product has been certified defective by Key Patrol AirKey™ Auto’s Product Team. Additionally, a customer may, within 30 days of original delivery & at its own S&H expense, exchange a product for a device of same functionality and/or price but of a different type.