Mobile Defender User Guide
Page 13
Wireless Network
Evolution Wireless does not guarantee the availability of the wireless network. The Products may be subject to certain equipment and compatibility limitations including
memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing,
features and/or service areas) are subject to change without notice. When outside of coverage area, the functionality of the Devices and/or the Services may be limited or
unavailable. As a consequence, functionality and features that require wireless network, including the ability to connect a call or send information, will depend, in part or
whole, upon variables that may be beyond the control of Evolution Wireless or its Third Party Service Provider.
Location Service
Evolution Wireless does not guarantee the availability of the GPS network. GPS technology for location services works best when there is line–of–sight visibility between
the chipset contained in the Devices and the GPS satellites orbiting Earth. As such, GPS technology may not provide a location fix and/or an accurate location fix when: 1)
You are indoors or in a location where terrain or building materials obstruct the GPS satellite signals; and 2) GPS satellite service is interrupted or disrupted due to
equipment or network limitations, atmospheric conditions, and other causes associated with the use of satellites and satellite data. As a consequence, location–finding
capabilities, including the ability to locate the Device during an emergency, will depend, in part or in whole, upon variables that may be beyond the control of Evolution
Wireless or its Third Party Service Provider.
You are responsible for ensuring that the Device is properly charged and powered on as low battery may result in the inability to place a call and/or properly locate you in
the event of an emergency.
Since the Products are designed to operate in a mobile environment, the ability to provide accurate location information in the absence of accurate GPS fix locations will
depend upon the availability and accuracy of the user to provide information. The Device user may provide location information orally during the emergency. Evolution
Wireless is NOT responsible for inaccurate location information, whether provided by the Device user and/or calculated based on the GPS chipset in the Device.
You understand and agree that Evolution Wireless does not guarantee the wireless network, the GPS network location services used with the Products, and is not
responsible for the sending and receiving and/or responding to events (ie. calls, alerts) generated by the Products and you understand and agree that there are technical
and service limitations to wireless networks and GPS network location services, as well as limitations to emergency response units and you expressly agree that any such
limitations are not the fault of Evolution Wireless.
Consent to Communications from Evolution Wireless:
In addition to the Privacy Policy, please understand that it is important that Evolution Wireless be able to contact you from time to time in order to provide you with a
better Products experience. To assist Evolution Wireless in reaching you, you agree to give us an email address (your “
Primary Email Address
”) and you consent to
receive emails at your Primary Email Address for any purpose relating to this Agreement. You also agree that we may call you at the phone numbers you supply us with,
and you agree that calls may be made using any method, including automatic telephone dialing systems, an artificial or recorded voice, or via text or email messages sent
to a wireless device. If your wireless provider charges you for text or email messages, you are responsible for any such charges.
You agree that when you provide us with a wireless phone number that we are authorized to send you service related text messages and service related questions about
your device and service experience during the term of this Agreement.
You must notify us immediately if your Primary Email Address or phone number(s) change. You agree to regularly check your Primary Email Address for communications
from us.
Access to Account:
You expressly authorize us to act upon the direction of a person you have authorized to make changes to your account using authentication information that we determine
is appropriate. Such action may include providing information about the account or making changes to your account.
Information Tracking and Sharing:
Evolution Wireless through a Third Party Service Provider collects various information about you and your use of the Products, including but not limited to information
about the approximate location of your Device in relation to the GPS. You agree that all such information may be provided to any contacts you have designated through any
applications related to the Products, as applicable based on the service plan you have subscribed to, as we reasonably believe is necessary or would be helpful to them in
providing you with assistance.
In addition, we use your location information, as well as other usage and performance information to provide you with the Services. It is your responsibility to notify users
on your account that we may collect and use location information from the Device. Please visit caretrak.ca/privacy to review the associated Privacy Policy to learn how
Evolution Wireless handles your personal information, including location information.
You understand and agree that in conjunction with the provision of services, we may monitor and/or electronically record cellular transmissions related to the Services,
as well as conversations with you or others. That information and/or recordings or transcriptions of cellular transmissions or conversations may be shared with emergency
responders or your emergency contacts as we reasonably believe is necessary or would be helpful to them in providing you with assistance.
You agree that Evolution Wireless is not responsible for the loss or disclosure of any sensitive information that you transmit.
Legal Compliance:
You expressly agree that you are subject to and will comply with all applicable laws and regulations related to your use of the Products.
You acknowledge that Evolution Wireless may be required by applicable law to disclose communications and records stored by Evolution Wireless, including
communications related to your use of the Products, to government agencies, law enforcement, or third parties pursuant to court orders or other legal process. You consent
to such disclosure.
The Products are protected by trademark, copyright, patent and/ or intellectual property laws with which you agree to comply.
Term of Agreement:
Trial Period Return Policy
If you return your device within the 15 calendar days from your date of receipt of the Device (the “
Trial Return Period
”), then, subject to your compliance with the terms
and conditions of this section, you will receive 100% of your original purchase price for the Device. During the Trial Return Period, your return may be for any reason. To
be eligible for a refund, you must call Customer Service to obtain an authorization number, the Device must be in substantially new condition, and the return must be post-
marked (or otherwise delivered to the relevant carrier or received by us) by the 15th day after the date of your receipt of the Device. Refunds will not be issued for Devices
