Terms & Conditions of Use
Welcome to www.belocated.com, the website, high performance App and online service of HELPme, LLC. (“Company,” “we,” or “us”). This page explains the terms by which you may use our App, online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms & Conditions of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in www.belocated.com Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.
1. Use of the Service
A. Eligibility
You may use the Service only if you can form a binding contract with the Company and are following this Agreement and all applicable local, state, national, international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by the Company.
B. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation to any automated or non-automated collecting or harvesting any personally identifiable information, including account names, or accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
C. License to Use the Service
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non- transferable, freely revocable license to use the Service for noncommercial use only and as permitted by the features of the Service. The Company may terminate this license at any time for any reason.
D. Accounts
In order to use our Product and Services, you must utilization the BeLocated identification tags, appeal and accessories, and have an account with us. Accounts that you are able to establish with BeLocated may give you access to the functionality of the Products and Services that we may modify from time to time at our sole discretion.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing settings that are made available to you.
2. Service Availability and Our Right to Terminate
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. User Content
Some areas of the Service allow Users to post content such as profile information, images, comments, questions, messages, and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “User Content”). User Content does not include information collected from or about your connected phone or device. We claim no ownership rights over User Content created or submitted by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to the User Content License Grant below and to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. The Company has the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service.
You agree not to post, share, or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal. The Company reserves the right, but is not obligated, to reject and/or remove any User Content that the Company believes, in our sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent, and warrant the following:
A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and the Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights, and you agree that the Company shall not be liable for any damages you allege to incur as a result of User Content.
4. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant the Company your User Content for use in connection with the Service.
5. Terms Specific to Mobile Software
As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Service account owned solely by you, for your personal use. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.
6. OUR COMMUNICATIONS WITH YOU
A. Email Communications
By providing your email address, you consent to our use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from BeLocated. Members whose residency is in jurisdictions requiring opt-in consent for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service-related messaging.
To manage your email preferences or unsubscribe to email related communications, you will be given the opportunity to use a click feature at the bottom of every email from BeLocated to update notification preferences or unsubscribe. This option will be provided in every service-related notification sent to you.
B. SMS/Text Messaging
By providing the Company with a phone number, you agree to receive marketing messaging from BeLocated at the phone number provided. You understand You may messages where data rates may apply. To terminate this messaging, reply STOP to opt out. You may receive recurring SMS/text messages, such as messages from members of your family or friendship group or alerts related to a monitoring/alert feature of the Service (the “Text Messaging Program”). We may also send SMS/text messages in the event of an emergency and for multi-factor authentication purposes.
By consenting to the Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided to us. You certify that the mobile number you provided is true and accurate, and you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models, and carriers are not liable for any delayed or undelivered messages. Also, the availability of the Text Messaging Program may be impacted or restricted by the local laws, regulations, or rules where you reside. We are not responsible for any delays upon sending or receiving text messages and can change the Text Messaging Program at any time. For help with text messages, reply “HELP” to any text message you receive through the Text Messaging Program.
To unsubscribe from text messages at any time, reply “STOP” to any text message you receive through the Text Messaging Program. You consent that following such a request to unsubscribe to SMS/text message communications, you may receive one final text message confirming your request. You can also unsubscribe (or, after unsubscribing, resubscribe), or obtain help by emailing us at support@ belocated.com. Please keep in mind that if you opt out of receiving text message alerts, we may not be able to contact you with important messages regarding the Service. However, if there is an emergency or account question, we will attempt to contact you in other ways, such as by push notification or email.
7. OUR PROPRIETARY RIGHTS
Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses, and data that is otherwise generated, collected or transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of BeLocated and our licensors (including other Members who post Member Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place BeLocated under any obligation, and we are free to use the Idea for any purpose without any compensation to you, and/or disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BeLocated does not waive any rights to use similar or related ideas previously known to BeLocated, or developed by our employees, or obtained from sources other than you. BeLocated has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
8. FEATURES OF THE PRODUCTS AND SERVICES
The Services include a number of features which may or may not be available to you depending on where you are located, which Services, devices, or features you elect and, where required, pay, or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. Not all Service features may be available in your country.
BeLocated Services are NOT A REPLACEMENT FOR EMERGENCY SERVICES (911 OR 999/112 IN THE UK/EU). In the event of a critical emergency, always dial 911 (999/112 in the UK/EU or the emergency services number for the country of which you are currently located) immediately.
9. Additional Policies and Information About the Service and Service Features
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant the Company your User Content for use in connection with the Service.
A. Geographic Coverage.
The Service is designed for residents of the contiguous U.S., Alaska, and Hawaii, though some features of the Service may not work in areas outside the wireless service coverage area for the device that the Mobile Software is installed on.
B. Billing Policies.
If you elect to use Subscription Features, you agree to the pricing and payment terms and that we may update them from time to time.
C. Pricing and Payment Terms
i. Subscription/access fees are payable in advance.
All subscription and access charges for the Subscription Features are payable in advance. You authorize the Company to continue charging the payment method for all charges due to the Company until your account is settled and your subscription is terminated by either you or the Company.
ii. Subscription accounts may have a trial period.
After initial registration of a paid membership subscription, you may be given an initial trial period. You are limited to one trial per person If you do not cancel your account during the trial, you will be charged based on the account type you selected during registration. To cancel a subscription at any time, send an email to support@ www.belocated.com.
iii. Payment methods.
The Company accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover. The Company requires that you provide the security code for your debit or credit card to help protect against the unauthorized use of your card by other persons. In the event that the Company is unable to charge the card you have provided (e.g., expired credit card), the Company will send you a notice to update your card information. If the account is not updated within the fourteen (14)-day grace period, the Company will terminate your subscription.
iv. Pricing Changes
Prices for Subscription Features may change from time to time, at the Company’s sole discretion. If they do and you currently have Subscription Features, the Company will provide you with notice of the change through the Service or in email to you, at least thirty (30) days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount.
D. No Refunds.
You may cancel your account and terminate the services at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed.
10. Closing Your Account
You may cancel your Subscription Features at any time. To cancel your Subscription Features, email support@belocated.com . If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, your account will be canceled within five (5) business days of your cancelation request.
If you decide to cancel your account, all your data will be deleted in accordance with the state of Ohio’s records retention requirements.
11. Privacy
We care about the privacy of our Users. Please see our Privacy Policy for information about how we collect, use, and disclose information about you, including device data, location, sensory, and motion data.
12. Security
The Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. Indemnity
You agree to defend, indemnify and hold harmless the Company from and against any and all claims, arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) any claim for damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account; or (iii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty – No Guarantee
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT.
www.belocated.com does not guarantee the return of the lost animal or person.
Some states do not allow for the disclaimer of certain warranties, so the disclaimers above may not apply to you.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM THIRD PARTY CRIMINAL ACTS, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL THE COMPANY, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS (US $100.00), WHICHEVER IS GREATER.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
All legal actions arising with respect to the Service shall be barred unless written notice thereof is received by The Company within one year from the date of the event giving rise to such legal action.
The Service is controlled and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
16. Governing Law and Arbitration
A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in Ohio, United States of America; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over The Company, either specific or general, in jurisdictions other than Ohio. This Agreement shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the Arbitration provision below.
B. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. In the unlikely event that the Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Warren County, Ohio, unless you and the Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules.
17. Information and Complaints
If you have a question or complaint regarding the Service, please send an e-mail to support@belocated.com.
18. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect.
19. Contact.
Please contact us support@belocated.com with any questions regarding this Agreement.
This Agreement was last modified on July 1st, 2024.HELPme LLC © 2021-2024.