Effective August 26, 2014
These terms of service govern your use of the Sprint Family Locator application provided by Sprint Solutions, Inc. as contracting agent on behalf of the applicable Sprint affiliated entities providing the products and services ("Sprint", "we", "us" or "our"). As used in these Terms of Service, "you," "your," and "user" means the account holder with us or any user of the Application. Sprint Family Locator ("SFL") is an application ("Application") that allows users to use available location information to locate a Sprint device.
This document consists of Section A, which includes your agreement with Sprint to the terms under which Sprint will provide SFL, and Section B, which consists of a legal agreement between You and WaveMarket, Inc. (dba and hereafter "Location Labs"), the provider of certain services necessary to enable SFL. It is a requirement of Sprint relationship with Location Labs that all users of SFL must agree to the terms and conditions contained in Section B.
Section A. Agreement with Sprint
1. Agreement . By using the Application, you agree that you are bound by these Sprint Family Locator Terms of Service, as well as Sprint's Acceptable Use Policy, General Terms and Conditions of Service ("Ts&Cs") and any application or payment specific terms of service (collectively, the "Agreement"). Do not use this Application if you do not accept this Agreement. These Terms of Service, Sprint's Acceptable Use Policy and Ts&Cs are available at www.sprint.com/termsandconditions . Please read them carefully. For interpretation of the Agreement, Sprint Family Locator is included in the definition of Services in the Ts&Cs.
THE AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. PLEASE SEE THE TS&CS FOR MORE INFORMATION.
Sprint reserves the right to change the Agreement from time to time. You are responsible for regularly reviewing the Agreement. Your continued use of this Application after any modification of the Agreement constitutes your affirmative acceptance of the modified Agreement.
3. Monthly Recurring Charge. You will be charged a monthly recurring charge for each SFL account. Persons subscribing to the Application will be able to locate up to five devices with their SFL account. Data and other usage charges may apply to your use of the Application.
4. Registration . When you register for SFL, you will be asked to provide a password, and by providing such, you agree to be responsible for all activities occurring under your account. You will also be responsible for keeping your password secure. You may use SFL to request the best available location for the requested Sprint device. When You initialize SFL for a device included on your account, SFL will notify the user of the device via SMS text message that the device may be located by You. Thereafter, SFL may send notices to such device informing the user that the device may be located. When You initialize SFL for a device that is not on your Sprint account or plan You and the user of the requested device must enter a mutually chosen "Safety Word" on your devices to activate the link between your devices and the account holder or plan administrator (if different than the user) must also consent to such device being locatable. Thereafter, SFL may send notices to such user's device informing the user that the device may be located. Accuracy of the location information is subject to network capabilities, environmental conditions, and whether or not the devices are powered on and within the Sprint coverage area. You acknowledge and agree that Sprint does not guarantee results and the results You may obtain from SFL, including but not limited to data and messaging, may not be accurate, timely or reliable. Sprint reserves the right to set limits on the use of these services at its discretion.
5. SMS Messages . You may use SFL to send SMS messages to any SFL - capable device associated with your account. Your account permits a total of one hundred (100) SMS messages per located device per month. SMS messages exceeding this limit will be charged at applicable rates. Any reply messages from the applicable devices will be charged at the applicable usage rates for SMS messaging. You may not use SMS in a manner that could result in the receipt of spam by other individuals.
6. Use of Application. You must be at least 13 years of age to use the Application. You agree to use the Application only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls and regulations with regard to the Application. By using the Application, you represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Application. In order to access certain services in the Application, you may be required to provide information about yourself. You agree that any such information you provide to Sprint will always be accurate, correct and up to date. You may not post any content or take action that violates someone else's rights (including without limitation any intellectual property rights).
You may not upload or distribute viruses or other malicious code to the Application or attempt to obtain log - in information or otherwise access an account that does not belong to you.
You agree that you are solely responsible for (and that Sprint has no responsibility to you or to any third party for) your use of the Application and any breach of your obligations under the Agreement.
You acknowledge that the Application may communicate with Sprint servers and third party servers from time to time to check for updates to the Application, such as bug fixes, patches, enhanced functions, missing plug - ins and new versions (collectively, "Updates"). By installing the Application, you agree to such automatically requested and received Updates.
You will not do anything that impacts the proper working or appearance of the Application, including without limitation, distributing, publishing or sending : (1) any spam, including any unsolicited advertisements, solicitations, commercial messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as "phishing."
The Application may not be used to bully, threaten, harass or intimidate any user. You agree that Sprint may stop (permanently or temporarily) providing the Application (or any features within the Application) to you or to users generally at Sprint's sole discretion, without prior notice to you.
7. Intellectual Property Rights
The Application, and all content included on or within the Application, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, "Content"), is the property of Sprint or its content suppliers and is protected by United States copyright and other intellectual property laws and by international treaties. You acknowledge these rights and will not take any action to jeopardize, limit, or interfere with Sprint's or its content suppliers' rights to the Content. Reproduction or redistribution of Content except as expressly permitted by the Agreement is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Sprint, the Sprint logo and associated trade dress are trademarks of Sprint. The trademarks and trade dress of Sprint may not be used without the prior written permission of Sprint. All other brand names, product names, service marks, logos or trademarks are the property of their respective owners, and may not be used without the owner's prior written consent .
Sprint grants you a personal and limited revocable, non - exclusive, non - transferable license to access and make personal use of this Application. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with express written consent of Sprint. This license does not include the right to resell or make any commercial use of this Application or any Content; collect or use any product listings, offers, descriptions, or prices; make any derivative work from this website or Content; download or copy account information for the benefit of another merchant; or use any data mining, robots, or similar data gathering and extraction tools. Neither this Application nor any portion of this Application or Services may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Sprint. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application without the prior written consent of Sprint. You may not use any Meta tags or any other "hidden text" utilizing the Sprint name or trademarks without the prior written consent of Sprint. Your unauthorized use of this Application will immediately terminate the limited license granted by Sprint.
8. Disclaimer of Warranties
SPRINT PROVIDES THE APPLICATION, ASSOCIATED INFORMATION, DOCUMENTATION AND SOFTWARE AND ANY APPLICATION CONTENT AND SERVICES WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE APPLICATION IS PROVIDED BY SPRINT ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. SPRINT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT OR PRODUCTS INCLUDED ON THE APPLICATION. SPRINT DOES NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR E - MAIL SENT FROM SPRINT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPRINT DOES NOT WARRANT THAT THE APPLICATION, ITS FUNCTIONS, OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, SPRINT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF ANY SERVICE PROVIDED BY LOCATION LABS. THE LICENSING AND USE WAVEMARKET SERVICE IS SUBJECT TO AN AGREEMENT BETWEEN YOU AND LOCATION LABS. SPRINT DOES NOT WARRANT THAT LOCATION LAB'S SERVICES: (I) ARE FREE FROM DEFECTS IN CODING OR DESIGN; (II) ARE FREE OF ANY COMPUTER VIRUSES, WORMS, LOGIC BOMBS AND OTHER DAMAGING PLANNED OR UNINTENTIONAL SOFTWARE DEFECTS; (III) DO NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS; OR (IV) WILL NOT DAMAGE YOUR MOBILE DEVICE OR ANY DATA STORED ON IT.
Section B. Agreement with WaveMarket, Inc.
By entering into the LL Agreement, you represent that you are not a minor. You may include minors and non - minors in your SFL account and the terms and conditions of the LL Agreement also apply to them. Location Labs reserves the right to change the LL Agreement from time to time. You are responsible for regularly reviewing the LL Agreement. Your continued use of SFL after any modification of the LL Agreement constitutes your affirmative acceptance of the modified LL Agreement.
2. GRANT OF LICENSE. Subject to the terms herein, Location Labs grants You the following rights provided You comply with all terms and conditions of this LL Agreement and Section A. Agreement with Sprint above: (a) a revocable, non - transferable and non - exclusive license to use the Program consistent with these terms and conditions; and (b) if applicable and consistent with Section A above, a revocable, non - transferable and non - exclusive license to install and use the applicable Program on your computers and/or mobile devices associated with your Sprint account or plan, including mobile phones, personal digital assistants or other digital electronic devices ("Mobile Device"). This LL Agreement does not grant You the right to distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Program, any access to it, or any rights granted hereunder to any other person. All rights not expressly granted herein are reserved by Location Labs.
3. RESTRICTIONS. Except as expressly permitted in writing by Location Labs, this LL Agreement prohibits and You will not (a) reverse engineer, decompile, or disassemble the Program; (b) modify, translate, adapt, arrange, or create derivative works based on the Program for any purpose; (c) export the Program in violation of U.S. or other applicable export control laws; (d) use the Program outside of the country of purchase or in a manner inconsistent with or in violation of this LL Agreement.
4. COPYRIGHT. The Program are protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Location Labs or its suppliers/licensors.
5. TERMINATION. Without prejudice to any other rights, Location Labs may cancel this LL Agreement, without notice and without any liability to You, if You do not abide by the terms and conditions of this LL Agreement, in which case You must immediately cease using the Program. This Agreement will terminate upon expiry or termination of y our agreement with Sprint.
7. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCATION LABS AND ITS SUPPLIERS/LICENSORS PROVIDE THE PROGRAM, AND ANY SUPPORT SERVICES RELATING TO SFL PROVIDED BY LOCATION LABS ("SUPPORT SERVICES"), IF ANY, ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS; LOCATION LABS DOES NOT WARRANTY UNINTERRUPTED USE OR OPERATION OF THE PROGRAM OR THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE AMOUNT OF TIME. LOCATION DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM AND/OR SUPPORT SERVCES (A) ARE FREE FROM DEFECTS IN CODING OR DESIGN; (B) ARE FREE OF ANY COMPUTER VIRUSES, WORMS, LOGIC BOMBS AND OTHER DAMAGING PLANNED OR UNINTENTIONAL SOFTWARE DEFECTS; OR (C) WILL NOT DAMAGE YOUR MOBILE DEVICE OR ANY DATA STORED ON IT.
LOCATION LABS AND ITS SUPPLIERS/LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR WRITTEN, ORAL, CONTRACTUAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON - INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. LOCATION LABS MAKES NO CLAIM OF OWNERSHIP OF THE DATA OBTAINED THROUGH THE PROGRAM OR SFL, AND DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY SUCH DATA. WITHOUT LIMITING THE FOREGOING, LOCATION LABS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS IN RESPECT OF ANY SOFTWARE AND/OR SERVICE PROVIDED BY SPRINT.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCATION LABS OR ITS SUPPLIERS/LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS OR REVENUES, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PROGRAM, SFL OR THE SUPPORT SERVICES OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF LOCATION LABS OR ANY SUPPLIER/LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIMITATION OF CLAIMS. Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Location Labs and any of its suppliers/licensors under any provision of this LL Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the SFL. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. LIMITATION OF SPRINT CLAIMS. You acknowledge and agree that (a) your relationship with Sprint, detailed above, is wholly separate and distinct from your relationship with WaveMarket; (b) your sole legal recourse with respect to any act or omission of Sprint with respect to SFL shall lie against Sprint; and (c) You shall hold harmless Location Labs, any parent, affiliates, and subsidiaries, and its and their respective officers, directors, employees, agents, contractors, successors, and assigns from any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from or attributable to the acts or omissions of Sprint.
11. THIRD PARTY CLAIMS. You agree to indemnify, defend and hold harmless Location Labs and any affiliated companies, their respective officers, directors, employees, suppliers, subcontractors and agents from any loss, liability, claim, demand , damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of the Program, SFL or the Support Services. Location Labs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, which shall not excuse your indemnity obligations.
12. MISCELLANEOUS. This LL Agreement, including any addendum or amendment to it, are the entire agreement between You and Location Labs relating to the Program, SFL and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Program or any other subject matter covered by this LL Agreement. To the extent the terms of any Location Labs policies or programs for Support Services conflict with the terms of this LL Agreement, the terms of this LL Agreement shall control. The failure of Location Labs to exercise or enforce any right or provision of the LL Agreement shall not constitute a waiver of such right or provision. If any provision of the LL Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the LL Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program, SFL, Support Services or to the LL Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action. If You acquired the SFL in the United States, this Section B is governed by the laws of the State of New York.