DEFINITIONS – The following italicized words, whether capitalized or in bold have the following meaning throughout this Limited Theft Warranty:

  1. Administrator” – Independent Dealer Group, Inc., P.O. Box 852770, Richardson, Texas, 75085. Claims phone number 800-242-7316.
  2. Company” – Connected Dealer Services, LLC., a Tennessee limited liability company address at 17361 Armstrong Ave, Irvine, CA 92614.
  3. Company Location Period” – ninety (90) days from the date of receipt by the Company of a Qualified Limited Theft Warranty Claim during which time Company, or its designee, may, at its discretion, attempt to locate the Monitored Vehicle.
  4. Dealer/Installation Provider” – The automotive dealership or service facility that the Company authorized and trained to install the Product on the Monitored Vehicle.
  5. Installation” – Installation of the Product by a Dealer/Installation Provider strictly as provided in the installation guide supplied by Company with the Product by a properly trained employee of a Dealer/Installation Provider.
  6. Market Value” – the Market Value of a Monitored Vehicle will be the J.D. Power Official Used Car guide average retail value of that vehicle as of the date of verification of a Qualified Limited Theft Warranty Claim.
  7. Monitored Vehicle” – a vehicle on which the Product is (i) properly installed, registered and activated, (ii) for which an active Limited Theft Warranty is in force which includes Stolen Vehicle Recovery Services, and (iii) for which all service plan fees have been paid; each Qualified Purchaser shall immediately update the registration information related to a Product or Monitored Vehicle upon becoming aware of any change of information related to the Monitored Vehicle, including without limitation any update or change in title, registration, licensing ownership, location or
  8. Product” or “Products” – purchased GPS product(s) that originate with the Company and which were purchased from Company, an authorized reseller of the Company, or an authorized sales agent of the Company and upon which Company will provide or has provided to You the Stolen Vehicle Recovery Services, as defined below, respecting such Products.
  9. Qualified Purchaser,” “You,” or “Your”, “Limited Theft Warranty Holder” – the legal title holder to a Monitored Vehicle who has registered as the owner of the vehicle pursuant to an active Limited Theft Warranty which includes Stolen Vehicle Recovery Services associated with the Product and otherwise has complied with all of the provisions hereof.
  10. Qualified Limited Theft Warranty Claim” – is a Limited Theft Warranty claim made to Administrator following conclusion of the Company Location Period, wherein (i) the Monitored Vehicle is not located or recovered and Company or Administrator, in their sole discretion, has determined that the Qualified Purchaser has completed all required notice and location efforts, including Vehicle Recovery Efforts and Limited Theft Warranty Claim Submission.
  11. Limited Theft Warranty Claim Submission” – the report of a Limited Theft Warranty Event related to a specific Monitored Vehicle by a Qualified Purchaser to Company or Administrator including all forms and any documentation required in the sole discretion of Company or Administrator. All Limited Theft Warranty Claim Submissions shall be reported to Administrator within ten (10) business days of completion of the Vehicle Recovery Effort in order for such submission to be considered for approval as a Qualified Limited Theft Warranty Claim Limited Theft Warranty Claim Submissions may be made by contacting the Administrator as set forth herein. Without limiting any provision or requirement set forth herein, all Limited Theft Warranty Claims Submissions must be made to Administrator and be accompanied by proof of purchase of the Product with a qualifying service plan, proof of Installation, and proof of loss (such as a police report, for example).
  12. Limited Theft Warranty Event” – is the inability to locate particular Monitored Vehicle by a Qualified Purchaser using the Stolen Vehicle Recovery Services and after the completion of a Vehicle Recovery Effort.
  13. Stolen Vehicle Recovery Service(s)” – (a) the provision of location, operation and other information about the Monitored Vehicle (“Vehicle Information”) as described in Your relevant Limited Theft Warranty documents, (b) coordination with the applicable law enforcement agency to provide relevant Vehicle Information to such law enforcement agency following the filing of a police report by You, and (c) such other services as Company may elect to provide to You in its sole and absolute discretion from time to time. With respect to all Stolen Vehicle Recovery Services, this Limited Theft Warranty as provided herein will only be available for a Monitored Vehicle. There are no other services provided by Company subject to any warranty and this Limited Theft Warranty only applies to the Stolen Vehicle Recovery Services as defined herein.
  14. Vehicle Recovery Effort” – commercially reasonable efforts to locate the Monitored Vehicle, for a period of at least thirty (30) days, which shall, at a minimum include the following actions documented in writing: (i) attempt to use the Stolen Vehicle Recovery Services related to the Product installed on the Monitored Vehicle at issue, (ii) file a stolen vehicle complaint with the appropriate legal authority (i.e. police department, sheriff’s department, or other official department having legal authority over vehicle theft in the location where the theft of the Monitored Vehicle occurred)(“Complaint”), and (iii) obtain and provide Administrator with an official copy of the relevant police report, confirming non-recovery of the Monitored Vehicle during the thirty (30) day Vehicle Recovery Effort Vehicle Recovery Efforts and the filing of a report with the applicable legal authority must be initiated with respect to a given Monitored Vehicle within one (1) business day of the date that the Qualified Purchaser becomes aware of the theft, or reasonably would have been aware of the theft through the exercise of reasonable diligence or prudence, of a Monitored Vehicle; in any event, a delay in initiation of Vehicle Recovery Efforts and filing of a complaint in excess of ten (10) business days from the actual date of the theft of a Monitored Vehicle shall void this Limited Theft Warranty.

LIMITED THEFT WARRANTY – Company hereby warrants the Stolen Vehicle Recovery Services provided hereunder (“Limited Theft Warranty”) as follows:

  1. Limited Theft Warranty. Upon confirmation by Company or Administrator of a Qualified Limited Theft Warranty Claim following a Limited Theft Warranty Event with respect to a particular Monitored Vehicle, the Administrator will reimburse the Qualified Purchaser an amount equal to the lessor of: (i) Ten Thousand Dollars ($10,000), (ii) the Market Value of the Monitored Vehicle at issue, or (iii) the actual price paid for by the Qualified Purchaser of the Monitored Vehicle (the “Reimbursement Payment”).
  2. Limited Theft Warranty Term. The Limited Theft Warranty offered to Qualified Purchasers herein shall remain in force for the lesser of: (i) the duration of the service plan (measured from the activation date and expires on the expiration date) including Stolen Vehicle Recovery Services associated with the purchased Product as measured from the date of Installation of that Product on a Monitored Vehicle, or (ii) the removal of the Product or de-activation of the Stolen Vehicle Recovery Services, or vehicle location services, at the direction of or through non-payment of any required amount to Company by the Qualified Purchaser with respect to a Monitored Vehicle; in no event shall the Limited Theft Warranty extend more than six months beyond the duration of the service plan, including Stolen Vehicle Recovery Services with the Product as measured from the date of purchase of the Product.
  3. Limited Theft Warranty Exclusions. The Limited Theft Warranty shall not apply in instances resulting from (i) fraudulent acts or material misrepresentations of the Qualified Purchaser, whether acting alone or in collusion with others, (ii) the removal or disabling of the Product, or (iii) the Monitored Vehicle not being present within the United
  4. Other Limited Theft Warranty Terms, Conditions and Exclusions. THE REIMBURSEMENT PAYMENT SPECIFIED IN PARAGRAPH 1 OF THIS LIMITED THEFT WARRANTY, AS LIMITED BY ANY TERM, CONDITION OR PROVISION HEREOF, IS YOUR SOLE AND EXCLUSIVE REMEDY. OTHERWISE, THE STOLEN VEHICLE RECOVERY SERVICES PROVIDED IN ASSOCIATION WITH THE PRODUCT ARE PROVIDED “AS IS” WITHOUT WARRANTY You agree that neither Company, Administrator, Dealer/Installation Provider nor any other party has made any representations or warranties, nor have You relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, the Administrator, or their representatives, a reseller, or any other party outside of this Limited Theft Warranty with respect to the Products shall be deemed to create any express or implied warranty on the part of Company, the Administrator, their representatives, or a reseller. This Limited Theft Warranty is not transferable by the Qualified Purchaser.

INSTALLATIONYou are responsible for obtaining the proper Installation of the Product in the Monitored Vehicle. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR, SHALL HAVE NO OBLIGATIONS WITH RESPECT TO, AND SHALL HAVE NO LIABILITY FOR, A PRODUCT OR SERVICES OR ANY WARRANTY ASSOCIATED THEREWITH RELATED TO A PRODUCT NOT INSTALLED IN ACCORDANCE WITH THIS SECTION.

LIMITATIONS, EXCLUSIONS & DISCLAIMERSYou agree that the liability of Company, the Administrator, the wireless carrier, and any third party customer support center contracted by Company to provide all or any portion of the Stolen Vehicle Recovery Services is limited in accordance with, and Company, the Administrator, the wireless carrier and any third party customer support center may invoke, the provisions of this LIMITED THEFT WARRANTY.

LIMITATION OF LIABILITY – COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, LOST PROFITS, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUES, LOSS OF USE, LOSS OF DATA, INCORRECT OR CORRUPTED DATA, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COST, OR CLAIMS OF YOU FOR SUCH DAMAGES, EVEN IF COMPANY KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT OR MISAPPROPRIATION OF TRADE SECRETS MADE AGAINST YOU INCIDENT TO THE PURCHASE OR USE OF PRODUCTS OR SERVICES.

DISCLAIMER OF IMPLIED WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED PRODUCT WARRANTY PERIOD.

COMPANY NOT AN INSURERCompany is not an insurer and You must obtain from an insurer any insurance You desire. The amount You pay Company is based upon the Stolen Vehicle Recovery Services Company performs and the limited liability Company assumes under this Limited Theft Warranty and is unrelated to the value of Your property, any vehicle in which a Product is installed, or any property located in any vehicle in which a Product is installed. In the event of any loss or injury to any person or property, You agree to look exclusively to Your insurer to recover damages. You waive all subrogation and other rights of recovery against Company that any insurer or other person may have as a result of paying any claim for loss or injury to any other person.

STATE LAWS DIFFERSOME STATES MAY NOT ALLOW LIMITATIONS OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, AND THE LIMITATIONS SPECIFIED HEREIN MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED THEFT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

OTHER PARTY’S LIMITATION – If You purchased Stolen Vehicle Recovery Services or the Product through a reseller, another business or another person, or from Company through a referral from a reseller, another business or another person, You agree that the reseller, business or person acts solely as an independent contractor. Such reseller, business or person shall have no responsibility or liability to You for the performance or nonperformance of the Stolen Vehicle Recovery Services Company provides under this Limited Theft Warranty. Without limiting the above, You agree that the liability of such reseller, business or person is, in any event, limited in accordance with the provisions of this Limited Theft Warranty. You agree that such reseller, business or person and its agents, employees, subsidiaries, affiliates and parent companies may invoke all of Company’s rights under this section.

TIME TO FILE LAWSUIT OR OTHER ACTIONYou agree to file any lawsuit or other action You may have against Company or Company’s agents, employees, subsidiaries, affiliates or parent companies within one (1) year from the date of the event that caused the loss, damage or liability.

DISCLAIMER & LIMITATION OF WARRANTIES AND LIABILITY RELATED TO GPS AND CELLULAR SERVICEQUALIFIED PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT QUALIFIED PURCHASER OR ANY APPROVED TRANSFEREE OR ASSIGNEE IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND THE UNDERLYING CARRIER. IN ADDITION, QUALIFIED PURCHASER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO QUALIFIED PURCHASER AND QUALIFIED PURCHASER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFORE. IN NO EVENT SHALL COMPANY AND/OR THE WIRELESS CARRIER BE LIABLE UNDER THE LIMITED THEFT WARRANTY FOR ANY COST, DELAY, FAILURE OR DISRUPTION OF THE WIRELESS SERVICE, LOST PROFITS, OR INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.