Terms of Use for TagTracker™ by RJR WIRELESS, LLC
These Terms of Use (“Terms”) govern your access to and use of the TagTracker™ GPS tracking products, including hardware devices, software, mobile applications, web platforms, and related services (collectively, the “Services”), as well as the website located at thetagtracker.com and all associated sites linked to thetagtracker.com by RJR WIRELESS, LLC, including mobile sites, applications, and features (collectively, the “Site”). The Services and the Site are provided by RJR WIRELESS, LLC, a Virginia limited liability company as a Domestic Limited Liability Company (“RJR,” “we,” “us,” or “our”). By purchasing, accessing, or using the Services or the Site, you (“Customer,” “User,” “you,” or “your”) agree to be bound by these Terms and all applicable laws. If you are entering into these Terms on behalf of a car dealership or other entity, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, do not purchase, access, or use the Services or the Site.
1. Description of Services and Ownership of the Site
RJR provides the TagTracker™ GPS tracking system, designed for car dealerships to track vehicle inventory, monitor test drives, manage lot security, or for other lawful business purposes. The Services may include:
• TagTracker™ hardware devices for installation in vehicles.
• TagTracker™ software platforms for real-time tracking, geofencing, reporting, and alerts.
• Data analytics and integration with dealership management systems.
• Customer support and maintenance services.
The Services are intended for business-to-business use only and are not designed for consumer end-users unless explicitly stated in a separate agreement. You are responsible for obtaining any necessary consents from vehicle owners or users before installing or activating TagTracker™ devices, in compliance with applicable privacy laws.
The Site, including all content such as text, images, design, structure, expression, “look and feel,” selection, and arrangement (collectively, “Site Content”), is owned and/or controlled by RJR WIRELESS, LLC and is legally protected under U.S. and foreign laws, regulations, and treaties, including copyright, trademark, patent, and other laws relating to the protection of intellectual property and unfair competition.
2. Agreement to Terms
By accessing, using, or browsing the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use or access the Site or Services.
3. Eligibility and Account Registration
To use the Services, you must be a licensed car dealership operating in the United States and at least 18 years old (or the age of majority in your jurisdiction). You must create an account (“Account”) by providing accurate, complete, and up-to-date information, including your business details, contact information, and payment method.
You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. Notify RJR immediately of any unauthorized access or use. RJR reserves the right to suspend or terminate your Account if we suspect fraudulent, abusive, or illegal activity.
4. Payment Terms
All fees for the Services (“Fees”) are outlined in your order confirmation or separate agreement. Fees may include one-time purchases for TagTracker™ hardware, recurring subscriptions for software and data services, and any applicable taxes, shipping, or installation costs.
Billing: Subscriptions are billed in advance on a monthly or annual basis, as selected. RJR may automatically charge your provided payment method on the renewal date.
Late Payments: Overdue payments accrue interest at 1.5% per month or the maximum rate allowed by law. RJR may suspend Services for non-payment.
Refunds and Cancellations: TagTracker™ hardware purchases are non-refundable except as provided in RJR’s return policy. Subscriptions may be canceled with 30 days’ notice, but no prorated refunds will be issued. Early termination may incur fees.
Price Changes: RJR may adjust Fees upon 30 days’ notice. Continued use after the change constitutes acceptance.
5. License and Intellectual Property
Subject to these Terms and payment of Fees, RJR grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during the subscription term and to use the Site solely for your own personal or business-related, non-commercial purposes in accordance with these Terms. This license is terminable at any time and does not grant additional rights with respect to the Site or Services.
All intellectual property rights in the Services and Site, including the TagTracker™ trademark, software, algorithms, copyrights, patents, service marks, and graphical elements, remain the property of RJR or our licensors. The Site and its Contents may also contain third-party names, trademarks, and service marks that are the property of their respective owners.
You may not:
• Copy, modify, reverse engineer, disassemble, distribute, publish, transmit, reuse, re-post, or alter the Services or Site Content.
• Remove any proprietary notices, including the TagTracker™ trademark.
• Use the Services or Site to develop competing products.
• Resell, sublicense, or distribute the Services without RJR’s written consent (e.g., as a value-added reseller to your customers, subject to a separate agreement).
You grant RJR a non-exclusive, royalty-free license to use any data you provide or generate through the Services or Site (“Customer Data”) to provide and improve the Services, subject to RJR’s Privacy Policy.
6. Privacy Policy and Other Sites
RJR collects, uses, and shares data as described in our Privacy Policy [link to Privacy Policy], which is incorporated herein by reference. The Privacy Policy explains what information we collect, why we collect it, and how we use it. By using the Site, Services, or otherwise providing Personal Information to us, you agree to the Privacy Policy. Customer Data may include vehicle locations, speeds, routes, and other telemetry collected via TagTracker™ devices.
Your Responsibilities: You represent that you have obtained all necessary consents for tracking and data collection. You will comply with all applicable data privacy laws, including notifying end-users (e.g., vehicle buyers or drivers) about TagTracker™ GPS tracking.
RJR’s Responsibilities: RJR implements reasonable security measures to protect Customer Data. However, RJR is not responsible for unauthorized access due to your negligence.
Data Ownership: You own your Customer Data. RJR may aggregate anonymized data for analytics and benchmarking.
Compliance: The Services and Site may involve transmission of data across networks. You acknowledge potential risks and agree to indemnify RJR for any claims arising from your non-compliance with privacy laws.
Other Sites: These Terms and the Privacy Policy apply only to RJR WIRELESS and thetagtracker.com. If we include a link to another site, it is for convenience only, and we do not endorse, sponsor, or approve the content or operator of such sites. If you visit another site, review its privacy policy.
7. Policy Changes
RJR may update these Terms or the Privacy Policy with notice (e.g., via email or by posting an announcement on the Site). Continued use of the Site or Services after such changes constitutes acceptance.
8. Rules of Conduct
While using the Site or Services, you are required to comply with these Terms and all applicable laws, rules, and regulations. You must respect the rights and dignity of others and may not:
• Use the Site or Services to harass, stalk, threaten, or otherwise violate the legal rights of others.
• Impersonate anyone.
• Disrupt the operation of the Site or Services.
• Transmit viruses, malware, or harmful code.
RJR may monitor usage to enforce these Terms, restrict or terminate accounts that violate these rules, remove objectionable materials, and cooperate with law enforcement if required.
9. Warranties and Disclaimers
RJR warrants that the TagTracker™ Services will substantially conform to the documentation provided for 12 months from delivery (hardware) or during the subscription term (software), subject to proper installation and use.
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND THE SITE, INCLUDING ALL TEXT, IMAGES, AND SOFTWARE (COLLECTIVELY, “CONTENTS”), ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RJR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RJR DOES NOT WARRANT THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT TRACKING WILL ALWAYS BE ACCURATE DUE TO FACTORS LIKE SIGNAL INTERFERENCE, WEATHER, OR DEVICE MALFUNCTION. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE OR SERVICES, INCLUDING RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, NOMINAL DAMAGES, LIQUIDATED DAMAGES, STATUTORY DAMAGES, OR THE IMPOSITION OF COSTS AND ATTORNEY’S FEES, EVEN IF ADVISED OF THE POSSIBILITY, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.
RJR’S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
These limitations apply regardless of legal theory and survive termination.
11. Indemnification
You agree to defend, indemnify, and hold harmless RJR, our directors, officers, employees, agents, affiliates, authorized bottlers and distributors, shareholders, licensors, and representatives from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising from:
• Your use of the TagTracker™ Services or the Site.
• Violation of these Terms or applicable laws.
• Claims related to your tracking practices or data handling.
• Any third-party claims involving vehicles or individuals tracked via the Services.
• Any allegation that any content you make available or create through the Site or Services infringes or violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.
12. Termination
By You: You may terminate your use of the Services with 30 days’ written notice, subject to payment of outstanding Fees.
By RJR: RJR may terminate or suspend your access to the Site or Services at our sole discretion, at any time, with or without notice, for non-payment, breach, violation of these Terms, or if required by law. RJR may immediately deactivate or delete all related information and files.
Effects: Upon termination, your access to the Site and Services ends, and you must cease using them. RJR may delete Customer Data after 60 days, unless otherwise agreed.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Virginia, without regard to conflict of laws principles.
14. Miscellaneous
Entire Agreement: These Terms, along with any order forms, addenda, and the Privacy Policy, constitute the entire agreement and supersede prior agreements.
Amendments: RJR may update these Terms with notice (e.g., via email or our website). Continued use constitutes acceptance.
Severability: If any provision is invalid, the remainder remains enforceable.
Waiver: No waiver of any term is effective unless in writing.
Assignment: You may not assign these Terms without RJR’s consent; RJR may assign freely.
Force Majeure: Neither party is liable for delays due to events beyond control (e.g., natural disasters).
Notices and Contact: Notices must be in writing and sent to RJR WIRELESS, LLC at info@thetagtracker.com. For questions, to update or delete personal information, or to opt out of receiving requested information, contact us at info@thetagtracker.com.
Last Updated: October 24, 2025