SPARTAN USAGE AGREEMENT AND TERMS AND CONDITIONS
This agreement is for tracking services (“Agreement”) and is made between The Spartan Group (“Company”) and the end user of the Spartan Group Tracking Service (“Customer”). Spartan tracking services require vehicles be equipped with a GPS device (“Device”) designed to provide GPS positions and event notifications through the Internet via the Spartan Group GPS server and associated software.
Depending on the product or products purchased by the customer the services may or may not include direct access to a secure Logon and or User Interface for accessing and tracking vehicles equipped with a GPS device (“Device”) See product definitions and descriptions below.
LIMITATION OF LIABILITY Spartan Group is not liable for (i) cellular company service outages; (ii) incidental or consequential damages; (iii) economic loss or injuries to persons or property arising from Customer use of the Services, the Device, or any other equipment used in connection with the Device unless caused by the sole and/or gross negligence of Spartan Group.
Spartan is not liable for service interruptions caused by acts of GOD, or third-party providers such as ISP, Internet, cellular carriers, or other governmental agencies. Should a third-party provider discontinue services due to sunsetting of technologies, customer agrees not to hold Spartan liable for any service interruption or nonperformance of the Spartan SVR solutions. Customer agrees not to hold Spartan liable for any nonperformance of product in the even a vehicle is stolen cannot be recovered due to circumstances beyond Spartan’s control such as cellular coverage, GPS performance, unauthorized removal of product.
During the Term of this Agreement, Depending on the product and services purchased by the customer the services may or may not include Customer access to location data and use of the Spartan Group Application Services and software related thereto (collectively, the “Spartan Group Application Software” or “Software”), and Spartan Group shall provide Support Services (as defined herein) and other related services that are provided for herein (such as Spartan Group Application Software, access, use and services referred to, collectively, as the “Service” or the “Spartan Group Application Service”).
The Spartan Group Application Services are non-cancelable by the customer and depending on the product or products purchased the Customer may or may not have direct access to hosted web enabled applications, user apps, data access and storage, carrier interface(s), and email interfaces. Customers that purchase products and services that include access to Spartan web interfaces or apps are responsible for obtaining and maintaining all computer equipment, mobile equipment, software, and communications equipment needed or necessary to access the Spartan Group Application Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Spartan Group Application Service. Upon acceptance of this Agreement, Spartan Group may provide Customers with login access to the Spartan Group Application Service for the Term of their Agreement.
All system and app upgrades to the Spartan Group Application Service are done free of charge to Customer provided the product purchased qualifies for Customer access. The customer also agrees to allow Spartan and its approved affiliates to contact the customer via phone, text, or other means for the purpose of marketing new services and product offerings. Spartan may also contact the customer regarding their vehicles status, system improvements, and or enhancements to apps and interfaces. Spartan does not sell, offer, or market the customers information outside the original dealership the Spartan product was purchased from.
Product Offerings Defined:
Spartan offers three different products for purchase to the customer. Each product offered may contain a unique set of features and access available to the customer
FamilyLync and its connectivity services are provided to the customer for the term purchased and recorded on the contract term. At the end of the term Spartan at its discretion may or may not offer the end user an opportunity to renew the service. The FamilyLync product includes full access to the Spartan mobile app for the term of the agreement.
RecoveryLync Plus Services:
RecoveryLync Plus is an SVR (Stolen Vehicle Recovery) service only and is provided to the customer for as long as they own the vehicle or a maximum or 5 or 7 years as defined on the Spartan purchase agreement. At the end of the term Spartan at its discretion may or may not offer the end user an opportunity to renew the service. The RecoveryLync Plus product does not
include customer access to location data services or the use of the Spartan mobile app. It is sold as a “Stolen Vehicle Recovery Product only.
RecoveryLync Wireless Battery Device Service:
RecoveryLync Wireless is an SVR (Stolen Vehicle Recovery) service only and is provided to the customer for a maximum of 5 years or the term stated on the contract. At the end of the term Spartan at its discretion may or may not offer the end user an opportunity to renew or replace the device. The RecoveryLync product does not include customer access to location data services or the use of the Spartan mobile app. It is sold as a “Stolen Vehicle Recovery Product only.
Spartan products are NOT required to purchase or to obtain financing for a motor vehicle.
LIMITED LIFETIME WARRANTY TERMS AND CONDITIONS – SPARTAN GROUP WARRANTS THAT THE DEVICE SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL SUBSTANTIALLY CONFORM TO THE SPARTAN GROUP APPLICABLE PUBLISHED SPECIFICATIONS FOR THE DEVICE. THE LIMITED LIFETIME WARRANTY ON THE HARDWARE ONLY APPLIES FOR AS LONG AS THE AIRTIME IS CURRENT AND THERE ARE NO LAPS IN AIRTIME, THE DEVICE REMAINS UNDER THE LIMITED WARRANTY. IF AT ANY TIME THE AIRTIME TERM LAPSES, THE LIMITED LIFETIME WARRANTY WILL BE CONSIDERED EXPIRED AND MAY NOT BE RENEWED. SPARTAN GROUP MAY, AT ITS DISCRETION, EITHER (A) REPAIR THE DEVICE WITH NEW OR REFURBISHED PARTS, OR (B) REPLACE IT WITH A NEW OR A REFURBISHED DEVICE. THE DECISION TO REPAIR OR REPLACE WILL BE MADE BY SPARTAN GROUP. THIS LIMITED LIFETIME WARRANTY ONLY COVERS FAILURES DUE TO DEFECTS IN MATERIALS OR WORKMANSHIP AND DOES NOT COVER NORMAL WEAR AND TEAR OR COSMETIC DAMAGE. THE LIMITED LIFETIME WARRANTY ALSO DOES NOT COVER FAILURES WHICH ARE CAUSED BY PRODUCTS NOT SUPPLIED BY SPARTAN GROUP, OR FAILURES WHICH RESULT FROM ACCIDENTS, MISUSE, ABUSE, NEGLECT, MISHANDLING, MISAPPLICATION, ALTERATION, FAULTY INSTALLATION, SET-UP ADJUSTMENTS, IMPROPER MAINTENANCE, POWER SURGE, LIGHTNING DAMAGE, MODIFICATION, INTRODUCTION OF SAND, HUMIDITY OR LIQUIDS, COMMERCIAL USE OF THE PRODUCT, OR SERVICE BY ANYONE OTHER THAN AN AUTHORIZED SERVICER, OR DAMAGE THAT IS ATTRIBUTABLE TO ACTS OF GOD. THERE ARE NO EXPRESS WARRANTIES EXCEPT AS LISTED UNDER THIS “LIMITED LIFETIME WARRANTY COVERAGE”
TRANSFER OF BENEFITS
Excluding the Spartan Anti-Theft Warranty the Spartan Stolen Vehicle Recovery System may be transferred to a subsequent owner for the duration of the original contract. Any transfer of service must be approved and processed by the Spartan Group and approved in writing by the original purchaser/owner listed on the original contract. There will be a $99.00 service fee per transfer. For assistance or questions please contact Spartan at 1-877-787-3131